The name of the property on record is changed and filed again

The house can be renamed after it has been filed with the Real Estate Bureau.

After the real estate certificate is issued, the name change shall be handled in accordance with the real estate transfer process. According to Article 7 of the Administrative Provisions on the Transfer of Urban Real Estate, the transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract;

2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;

4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;

5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

You're writing a bit messy :

1. Are you buying off-plan property? Or is it a ** room? In the name of your relative, the house price will be relatively cheaper??

Now the house is going to be handed over for the record, so I want to change the name?? Or did you buy the house from an agent and it was inconvenient at the time, so you used the name of your relative?

2. In either case, the house has been filed, so if you change the name and change the contract, you have to go to the housing authority to cancel the record first, and then get it to the developer to change the purchase contract, and then go to the housing authority again to file after the change!!

3. If the developer only changes the contract regardless of the record, you can only find someone by yourself, and in the case of the house for the record, it is not allowed to trade, so you have to find a relationship.

If you want to start a new filing, it is equivalent to your relatives selling your house to yourself. It is equivalent to buying and selling at once. You need to pay taxes, audit taxes, and transfer ownership, so you are not cost-effective.

If you don't file it, the original landlord agrees to do so, which is feasible and will save you a lot of money. After you have signed the contract with the original landlord, you can destroy the contract signed by your relative and the original landlord.

If you change your name, you will cancel the online filing of the previous house, so now you can directly change the name to your name and re-sign the sales contract, which has legal effect. If you need to file online, you can, go directly to the local real estate transaction center, and take your existing sales contract to file it.

All need to be recorded, otherwise if there is a dispute, the contract is pending and valid!

It is necessary to record, so it is easy to operate!

Legal analysis: If the contract has been filed, it cannot be renamed. According to the "Opinions on Doing a Good Job in Stabilizing Housing" promulgated by the seven ministries and commissions of the state, it is clearly stipulated:

It is forbidden for the pre-purchaser of commercial housing to transfer the uncompleted pre-sold commercial housing that he has purchased. Before the completion and delivery of the pre-sold commercial housing and the pre-purchaser obtains the house ownership certificate, the real estate department shall not handle the transfer and other formalities for it; If the applicant for house ownership is inconsistent with the pre-purchaser specified in the pre-sale contract for the record, the housing ownership registration authority shall not go through the formalities for the registration of the housing ownership. Therefore, the contract cannot be traded by changing the name after it has been filed.

If you are buying a house that is being mortgaged, you need to pay off the loan and obtain the real estate certificate before you can **. However, the name can only be changed if the registered contract is approved by the developer to check out and then purchase a new one. The specific process is as follows:

1. The buyer needs to fill in a written information, that is, the application for cancellation and name change of the contract, detailing the reasons for the cancellation or name change of the contract; 2. Submit the written application to the development enterprise, request the cooperation of the development enterprise, sign and agree and seal; 3. I shall apply to the municipal and district housing management bureaus in the area under the jurisdiction of the project with the application form for cancellation or name change of the contract, ID card or household registration booklet, "Commercial Housing Sales Contract" and other relevant supporting materials. 4. The housing authority department of the application will review whether the situation is true and whether it meets the conditions for contract filing, cancellation and name change. If it is met, a preliminary opinion will be issued on the spot and reported to the Municipal Real Estate Registration and Issuance Center for approval.

After the approval of the Municipal Real Estate Registration and Issuance Center, it will be required to submit the relevant supporting materials and the original contract for the filing and cancellation and name change of the commercial housing contract. The Municipal Real Estate Registration and Issuance Center shall handle it on the spot and affix the special seal of "invalidation" and "name change and modification".

Legal basis: The "Opinions on Doing a Good Job in Stabilizing Housing" prohibits the pre-purchaser of commercial housing from transferring the uncompleted pre-sold commercial housing purchased by the pre-purchaser. Before the completion and delivery of the pre-sold commercial housing and the pre-purchaser obtains the house ownership certificate, the real estate department shall not handle the transfer and other formalities for it; If the applicant for house ownership is inconsistent with the pre-purchaser specified in the pre-sale contract for the record, the housing ownership registration authority shall not go through the formalities for the registration of the housing ownership.

Therefore, the contract cannot be traded by changing the name after it has been filed. If you are buying a house that is being mortgaged, you need to pay off the loan and obtain the real estate certificate before you can **.

Legal analysis: It is possible to change the name, but it is not very easy to change. If the legal name of the right holder is changed, or the area of the house is increased or decreased, or part of the house is demolished, the real estate right holder shall apply for the change registration within 30 days from the date of occurrence of the fact, and the real estate right holder shall submit the real estate ownership certificate and relevant supporting documents for processing.

Legal basis: Article 61 of the Law of the People's Republic of China on the Administration of Urban Real Estate Article 61 To obtain land use rights by way of transfer or allocation, it shall apply for registration to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

We know that we need to file for the house after we get it, but it is more difficult to change the name after the record, so we must figure it out. Let's introduce to you how to change the name of the house that has been filed.

First of all, according to Article 7 of the "Regulations on the Administration of Urban Real Estate Transfer", the procedures for changing the name of the purchase contract are also divided into the following two types:

In the first case, if the house purchase contract has not been filed after the online signing and wants to change the name, at this time, the buyer and the developer need to apply for the cancellation of the advance registration procedures of the online house purchase contract, and at the same time, after the approval of the housing authority, at this time, only the housing authority can invalidate the house purchase contract, and then cancel the advance registration, and then the developer can sign a new house purchase contract with the new buyer, and at this time you can change the head of the household. Generally, there are no taxes involved in this case.

If it is a commercial house that has not yet been completed and accepted, it can be renamed, but it is also necessary for the relevant unit to issue an unfinished inspection report, and the developer submits the reason for the contract to change the name, in this case, it is necessary to pay some relevant handling fees to the village. If the commercial house has been completed and accepted, there is no way to change the name in the case of this Pei Song species, but it can be changed after the real estate certificate comes down.

Can you check out of the commercial house after it has been recorded?

1. If the contract has been recorded, but the real estate certificate has not been processed, if this is the case, one of the buyers and sellers has breached the contract, and you can apply for check-out at this time.

2. If the developer breaches the contract, in this case, the owner can also ask to move out, and at the same time, he can also ask the developer to return the fees paid and compensate. If the real estate certificate has been processed, and it is after the buyer and seller have breached the contract, check out and compensate, then both parties must go to the real estate issuing authority to go through the procedures for the transfer or cancellation of the real estate certificate.

Summary: The relevant content on how to change the name of the house that has been filed is introduced here, and the name change of the house for the record will be relatively troublesome, and at the same time, it is necessary to figure out what kind of situation it is, so that it will be easier to handle.

Legal analysis: If the house can be renamed after being filed with the real estate bureau, it is necessary to apply for the real estate certificate and change the name in accordance with the real estate transfer process.

It has been registered, which is more troublesome, if the commercial housing is not completed and accepted, it can be renamed, but it is necessary to go to the relevant units of the city to issue an unfinished inspection report, and the developer submits the reason for the contract name change, at this time only need to pay the relevant handling fees. If the commercial house has been completed and accepted, it cannot be renamed.

However, you can change your name after the title deed comes down. Under normal circumstances, the change of the name of the real estate certificate is mainly divided into direct addition, gift, and sale. Gift - Procedures for Gifts Gifts - Taxes to be paid for gifts Buying and selling - Procedures and taxes for buying and selling.

Legal basis: Provisions on the Administration of Urban Real Estate Transfers》 Article 7 The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract (2) The parties to the real estate transfer shall submit an application to the real estate management department where the real estate is located within 90 days after the signing of the real estate transfer contract with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction** (3) The real estate management department shall review the relevant documents provided, and make a written reply on whether to accept the application within 7 days, and if no written reply is made within 7 days, it shall be deemed to agree to accept (4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed.