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The first step in your problems is to go to a notary office and apply for a notarization of gift. When going to the notary office, the donor and the donee need to hold their ID cards, household registration books, and real estate certificates.
2.If you feel that the area is different from the area on the certificate, you can go to the housing authority with the real estate certificate to do the wrong mapping before the transfer. The Housing Authority will send someone to re-measure your house.
The first step in your problems is to go to a notary office and apply for a notarization of gift. When going to the notary office, the donor and the donee need to hold their ID cards, household registration books, and real estate certificates.
2.If you feel that the area is different from the area on the certificate, you can go to the housing authority with the real estate certificate to do the wrong mapping before the transfer. The Housing Authority will send someone to re-measure your house.
a).The buyer and seller sign a contract of sale.
After the buyer and seller of the property have been contacted and negotiated, the location of the property to be sold, the property rights and the transaction ** have reached an agreement, the buyer and the seller will sign a formal real estate sales contract.
2) Accept the inspection of the real estate purchase and sale management department.
After the buyer and seller of the real estate go through the request procedures with the real estate sales management department where the property is located, the management department shall check the relevant documents, check the property rights, and go to the scene to make necessary inquiries, and the evaluators shall evaluate the purchased and sold properties.
3) Deed transfer
According to the nature of the property right and the object of procurement, the real estate sales management department shall declare the relevant person in charge for review and approval according to the approval authority, and the person in charge will tell the buyer and seller to go through the deed formalities. The buyer and the seller sign and seal the contract, and both parties go to the sales management department to go through the deed transfer procedures with the sales contract and relevant documents and materials. The seller is required to submit a title certificate or confirmation of ownership; identity card or other useful identification; If the house is jointly owned, someone agrees to the written opinion of the other house.
4) Handle the transfer of property rightsHousehold procedures.
After the buyer and seller of the house go through the sale and transfer procedures at the real estate sales office, the buyer should go to the real estate property management department where the house is located to handle the transfer of house property rights and land use rights** with the real estate sales contract issued by the real estate sales office, and exchange the new real estate certificate.
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The donor and the donee need to take their ID cards, household registration books, and real estate certificates to the notary office for a gift notarization.
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After the buyer and seller of the real estate go through the request procedures with the real estate sales and purchase management department where the property is located, the management department shall check the relevant documents.
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If you feel that the area is different from the area on the certificate, you can go to the housing authority with the real estate certificate to do the wrong mapping before the transfer. The Housing Authority will send someone to re-measure your house.
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It is to come again with a wish. The previous karmic life has come to an end, and in the future, it is a wish to come again, and to be free in this world
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Check the cause of roof leakage, roof leakage must have its cause, to solve the roof leakage, then you have to understand the roof leakage cause in advance, some roof leakage reasons are very good-looking, the roof leakage cause is very clear, even ordinary people can easily see, but more often is the roof leakage, but you just can't see how the water leaks in, the following is to introduce some of the reasons for roof leakage.
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Borrowing is risky, choosing to be cautious Borrowing is risky, choosing to be cautious Borrowing is risky, choosing to be cautious.
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Legal analysis: If you want to handle the gift, you need to provide the household registration book, ID card, real estate certificate, land certificate and other supporting materials, and first go to the notary office to go through the notarization procedures for the gift, and you can go through the property rights transfer procedures with the notarial certificate of gift.
Procedures for handling the procedures for the transfer of ownership of real estate.
1. The seller should cooperate with the buyer to conduct the property rights investigation. Including verifying the integrity, authenticity and reliability of the property rights of the house, paying attention to whether the name of the owner on the property right certificate is consistent with the seller, whether there is a mortgage or co-owner, etc.
2. The buyer and seller sign the purchase contract, and sign the house price, payment method, delivery time and deposit in detail.
3. The real estate management department verifies the declared sales, and conducts on-site investigation and evaluation of the transferred houses as needed;
4. The intermediary company goes to the relevant bank for the buyer to handle the loan procedures. The loan application time is relatively strict, most of the time is half a month, of course, it varies from region to region. Finally, after the approval of the bank, after obtaining the approval of the issuance, the transfer procedures will begin.
5. The parties to the real estate transfer shall pay the relevant taxes and fees in accordance with the regulations;
6. The real estate management department shall issue the transfer form.
Legal basis: Civil Code of the People's Republic of China Article 641 The parties may stipulate in the sales contract that if the buyer fails to perform the payment of the price or other obligations, the ownership of the subject matter belongs to the seller. The seller's ownership of the subject matter may not be used against a bona fide third party without registration.
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Summary. 1.If the transfer of the real estate certificate does not go through a real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party named 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 signed, even if there is only one person's name on the real estate certificate).
If the previous house was donated by relatives, and now I want to transfer the house to my own brother, what procedures and fees are required, and how much does it cost?
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 name of the seller on the real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and signed, even if the real estate certificate only has the name of the individual).
2.Materials required by the seller: original ID card and a copy of ID card.
If you are married, you need the original and a copy of the marriage certificate, and the original stool of the real estate certificate; If one of the husband and wife is unable to attend, Fan Jian Brigade must first write a power of attorney and then go to the Clan Justice Bureau to notarize, and the household registration book and a photocopy.
3.Materials required by the buyer: the original ID card and a copy of the damaged shirt certificate, a copy of the household registration book and a copy, if the number of Piguo is single, you need to go to the Civil Affairs Bureau to open a single certificate.
If there is no problem with the materials, you must go to the real estate bureau and write some ** and a stock contract, and the amount on the stock banquet contract must be the same as the amount on the signed contract.
If all the documents are handed over to the real estate office, there will be a receipt and you must pay the tax on the date stated on it.
After the tax is paid, they are waiting in line to get their new title deeds.
When transferring ownership of a house to an immediate family member, you can choose the method with the least amount of taxes to avoid having to bear excess taxes on each other.
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The transfer of property is not free of charge and also requires tax payment. 1. If you don't sell it in the future, it is recommended to go through the procedure of dividing the property, write a separation agreement (or ask for a copy from the housing management department), and let all family members sign and agree to divide the property into your name, and only need to pay a handling fee (6 yuan per square meter and 80 yuan for the cost of production), but you need to pay 20% income tax in the future.
Second, if it is sold in the future, it is recommended to go through the sale and transfer procedure now, and the fees are as follows: according to the assessment**, area, whether the buyer buys the house for the first time, the number is paid: 1. Surveying and mapping fee yuan square; 2. The assessment amount of the assessment fee is allowed to float); 3. The deed tax assessment amount is 1%-3% (1% for the first time with an area of 90 square meters, 90 square meters to 144 square meters and the first time to buy, 3% for more than 144 square meters); 4. Income tax 1% (only housing can be exempted); 5. The transaction fee is 6 square meters, the buyer; 5. The cost of production is 80 yuan, and the buyer (stamp duty of the production cost is 5 yuan);
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What is the new policy on the transfer fee for immediate family members, and the transfer fee for house gifts?
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1. Additional tax. This kind of tax is levied as an additional tax, only under the premise that business tax, value-added tax and other taxes need to be levied, and the specific collection ratio is to pay a certain proportion of the business tax payable, the specific proportion is: urban construction tax (7%), education surcharge (3%).
Such a tax is borne by the donor, in accordance with the law.
2. Deed tax. The donation of land use rights and housing gifts shall be approved by the expropriation authorities with reference to the land use rights and the market for housing sales. Therefore, the recipient of the donated property is required to pay the deed tax in full.
For the act of donating immovable property by an individual without compensation, the deed tax shall be levied on the donee in full. The deed tax on the gift of the property is levied in full, i.e. it is paid by the recipient at a rate of 3%.
3. Stamp duty. If the stamp duty needs to be paid in full, it shall be paid by both parties to the contract in accordance with the proportion.
Legal basis: Article 657 of the Civil Code of the People's Republic of China A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift.
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How to sell a house to a relative:
1. Sign the contract for the early sale of the house, pay the purchase price, and pay the taxes and fees for the housing transaction.
2. After preparing the application materials, fill in the ** at the Real Estate Bureau, and pay the tax according to the date stated on the receipt given by the Real Estate Bureau, which generally takes about 15 working days. After the property transfer tax is paid, you can get the real estate certificate.
There is a process for selling a house:
1. Negotiating: **When buying a house, if you buy a house, you will definitely bargain. Because the price of the house is not like the general commodity can calculate the cost, the price often depends on the consumer's identification and the market transaction**, so there is a little room for bargaining.
2. Pay the deposit: If both parties have decided on the house, and the buyer buys the house, the deposit must be paid first. The deposit paid is the money paid by the buyer to the seller to ensure the repetition of the contract, and it has the effect of the contract.
After receiving the deposit, if the buyer repents, he has the right to forfeit the deposit, and if the seller repents, he must double the refund.
3. Signing. 1) Seals.
2) Identity card.
3) Deposit receipt, sign the house sale contract with the seller, confirm the sale and purchase transaction, and pay the contract price.
4. The buyer must first apply for a seal certificate at the household administration office as the legal effect of the seal used in the purchase contract.
Legal basisArticle 36 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
For the transfer or mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of Chapter V of this Law.
Article 32.
When real estate is transferred or mortgaged, the ownership of the house and the land use right within the scope occupied by the house are transferred and mortgaged at the same time.
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The transfer of ownership has been completed, and the house cannot be transferred back to Sun Yu, and the house is transferred to Sun Yu in the way of buying and selling, and the house cannot be claimed to be returned, but the owner can require the transferee to pay the purchase price with the sales contract. Hundred.
If the house is transferred by way of gift, and the grandson violates the premise of the gift agreement, the owner can sue to claim the return of the house.
Contract Law: Article 190 Gifts may be accompanied by obligations.
If the gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement.
Article 192:In any of the following circumstances, the donor may revoke the gift:
1) Seriously infringing upon the donor or the donor's close relatives;
2) Failure to perform the obligation to support the donor;
3) Failure to perform the obligations agreed upon in the gift contract.
The donor's right of revocation shall be exercised within one year from the date on which the donor knows or should have known the reason for revocation.
Article 193:Where the donor dies or loses the capacity for civil conduct due to the donee's illegal acts, the donor's heirs or legally-designated persons may tolerate the revocation of the donation.
The right of revocation of the heirs of the donor or the legal ** person shall be from the date on which the reason for revocation is known or should be known.
Exercise within six months.
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The property itself is to be given to relatives, and the result is that the transaction cannot be traded, so we should go to the real estate trading hall to go through the transfer procedures.
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It may be cheaper for the house to go through the buying and selling relationship, since it is a transaction, that is, who bought whom? Let's keep trading.
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