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No, you must go to the housing ownership registration center to go through the transfer procedures, and those who sign privately do not count.
The transfer process is as follows:
1. If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party with the name on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and sign, even if there is only one person's name on the real estate certificate).
2. After the application materials are ready, you must go to the real estate bureau to fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.
3. After the application materials for the transfer of real estate are handed over to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt, which generally takes about 15 working days.
4. After the real estate transfer tax is paid, you can get the real estate certificate.
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Yes, the agreement must have the official seal of the notary public. It is recommended that you rush to the notary office to go to his house for justice, and let the father and son sign together, even if he repents in the future, you have the conditions to sue.
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I'm not an expert, but I don't think so, I've seen this kind of thing in the news. The real estate certificate is the key evidence.
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The sale and purchase agreement must be present in person, you are in this situation, can not handle it on your behalf, it is best to go to the housing authority to ask, or call the housing authority ** to ask, the network can only be a reference.
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Legal analysis: If the real estate certificate does not meet the following circumstances, the private agreement has legal effect.
1. The actor has the corresponding capacity for civil conduct;
2. The meaning is true;
3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Legal basis: Article 215 of the Civil Code of the People's Republic of China Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties regarding the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.
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The real estate certificate is not valid for the private agreement, and the parties enjoy the creditor's rights in accordance with the law, but there is no effect of change in the real right. China implements a unified registration system for immovable property, and the establishment, alteration, transfer and extinction of housing property rights shall take effect after registration in accordance with the law. Whether or not the house is registered is a matter of change in property rights, and does not affect the legal effect of the agreement.
[Legal basis].Article 209 of the Civil Code.
The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.
Article 215.
Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.
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Analysis of the Law of Fibrillation:
If the real estate certificate does not meet the following circumstances, the private agreement has legal effect. 1. The actor has the corresponding capacity for civil conduct; 2. The meaning is true; 3. Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
Legal basis: Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.
In any of the following circumstances, the parties may apply unilaterally:
1) The immovable property that has not yet been registered is applied for registration for the first time (2) the right to inherit or accept a bequest to obtain the right to immovable property (3) the legal documents that come into effect by the people's court and the arbitration commission or the effective decision of the people, etc., are established, altered, transferred, or extinguished (4) the name or title of the right holder or the natural condition changes, and the application for change of registration is made, (5) the immovable property is lost or the right holder gives up the right to immovable property, and the application for cancellation of registration is applied for (6) the application for correction of registration or objection to registration ( 7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.
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A privately signed house sale and transfer agreement is valid if it meets the following conditions, otherwise it is invalid: 1. The parties to the agreement have the corresponding civil capacity; 2. The contract is signed voluntarily by the parties, and the intention of the content of the contract is true; 3. The contract does not violate the law and social public interests, nor does it violate public order and good customs. [Legal basis].
Article 143 of the Civil Code of the People's Republic of China: Civil juristic acts that meet the following conditions are valid: (1) the person who committed the assault has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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Legal analysis: A privately signed transfer agreement for the sale and purchase of a private house is valid if it meets the following conditions, otherwise it is invalid: 1. The parties to the agreement have the corresponding civil capacity; 2. The contract is signed voluntarily by the parties, and the intention of the content of the contract is true; 3. The contract does not violate the law and social public interests, nor does it violate public order and good customs.
Legal basis: Article 143 of the Civil Code of the People's Republic of China A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs. Natan.
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A privately concluded transfer agreement is valid if it meets the following conditions, and it is invalid otherwise
1. The parties who signed the agreement have the corresponding civil capacity of Brother Wu Sun;
2. The contract is signed voluntarily by the parties, and the intention of the content of the contract is true;
3. The contract does not violate the law and social public interests, nor does it violate public order and good customs.
Legal basis] Article 143 of the Civil Code stipulates that civil juristic acts that meet the following conditions are valid:
1) The perpetrator has the corresponding capacity for civil conduct;
(2) The expression of intent is true;
(3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
There is also a transfer of ownership.
There are two legal avenues:
A: The first step is to ask the public security organ to issue a certificate to prove the cause. >>>More
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