How to transfer the property that has been filed, and the house that has been filed with the Housing

The process of housing transactions that have been filed:

1.According to the registration management measures, you must first apply for the real estate certificate in your own name and then transfer it to a third party. This method is more tax-intensive.

Usually, many people first do it in their own name, and then sign a sales contract with a third party, and then wait until the tax holiday expires to handle the third-party transaction, which can avoid a lot of taxes.

2.Transfer Fee: The transfer fee includes:

1. You should pay the deed tax and registration fee for the first time to apply for the real estate certificate. 2. For the transfer of a third party, you shall pay business tax, income tax, value-added tax, and transaction service fee. 3. The deed tax and registration fees under the name of the third party shall be borne by the third party.

Fourth, the main reason is that the tax in the second item is too heavy, please focus on it.

3.The original contract signed with the development company is returned to the development company, and the development company directly changes the buyer into a third party, and the payment for the house must be paid off. Second, after receiving all the money, notify your acquaintance of the real estate management department, change or cancel the record, so that the third party can go to handle the real estate certificate, if the balance is not clear, do not let them change the content of the record.

When you say filing, you mean online signing, right? That is, the developer and the owner sign a contract through the software of the housing exchange, and if so, it will not expire.

If the real estate certificate is not issued, you can go to the housing authority to apply for cancellation of the record, and then go to the sales center to go through the name change procedures. However, the general developer will not allow random name changes to prevent property speculation, so it depends on your relationship, or give some benefits to the salesperson. If the license is issued, then you can only do second-hand housing transactions.

Confirm the transfer of the customer to the real estate exchange.

Legal analysis: According to the provisions of relevant laws in China, if the sale and purchase of second-hand houses are carried out, only the sales contract is recorded, and the house does not have a certificate of property rights, it cannot be traded.

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. If the transferor entrusts others to handle it, it is necessary to submit the original power of attorney notarized by the notary department, a copy of the ID card of the trustee of the defense chain and a copy of the ID card of the trustee (original verification) 3. 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.

4. If the house ownership certificate indicates that it is a common property, the co-owner needs to go to handle it together, and if he cannot be present, he or she must issue the original power of attorney notarized by the notary department, a copy of the client's ID card and a copy of the trustee's ID card (original verification).

If the house can be renamed after it has been 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.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 37 The transfer of real estate refers to the act of the owner of real estate rights transferring his real estate to others through sale, gift or other lawful means.

Article 38 The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, and the conditions provided for in Article 39 of this Law are not met; (2) Where the judicial and administrative organs rule or decide to seal up or otherwise restrict the right to real estate in accordance with law; (3) Where the land use right is recovered in accordance with law, (4) Where the ownership is disputed without the written consent of the other co-owners, (5) Where the ownership is disputed, (6) Where the ownership certificate has not been registered and received in accordance with the law, (7) Where the transfer is prohibited by laws and administrative regulations.