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The process of buying and selling the house by itself is as follows:
1. Sign a real estate sales contract, and specify the agreement between the two parties in the contract, such as the payment method;
2. Both parties should bring the original ID card, photocopy, household registration book, tax payment voucher, contract, real estate certificate, etc., to the real estate transaction center for transfer. The real estate transaction management department needs to apply for review and approval according to the property rights of the transaction house and the object of purchase, according to the approval authority set by the transaction department in advance, and then the two parties to the transaction can go through the deed formalities.
Law of the People's Republic of China on the Management of Urban Real Estate
Article 60. To obtain land use rights by way of transfer or allocation, an application for registration shall be made 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.
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1. How to transfer the ownership of a house in private.
Within 30 days after the delivery of the house, the buyer and the seller shall go through the deed transfer procedures with the management department of the city, district or county real estate bureau. The procedure is as follows:
The buyer and the seller shall register with the Municipal Housing Management Bureau or the Housing Management Bureau of each district or county with their ID cards, household registration books, sales contracts and other relevant documents;
After the registration of both parties, the Housing Authority will review the real estate purchase and sale in accordance with the relevant laws and regulations, and then notify the buyer and seller to come to the exchange to go through the transfer procedures;
After receiving the notice, the buyer and the seller should bring their ID cards, household registration books, stamps, etc. to the exchange at the same time, and after paying the deed tax, they will complete the deed transfer procedures. As proof, the Housing Authority will issue the Deed of Sale to the buyer and send the relevant documents to the Municipal Real Estate Bureau or the district or county real estate bureau.
2. House transfer costs.
1. Handling fee: 6 yuan square meter for residence, 10 yuan square meter for non-residence. It is generally stipulated that the buyer and seller bear half of the burden.
Registration fee: 80 yuan for general real estate residences, and the buyer shall bear it. Land Gold:
Generally, it is charged at the time of transfer of ownership, and is levied at 2% of the normal transaction price of the house. Seller's assumptions.
2. Verification fee: 50 yuan. Deed tax to be paid for the transfer of second-hand housing:
The tax rate is 3%, which is levied on the basis of normal trading transactions**; The deed tax rate of self-procured general residences (construction area of less than 144 square meters, floor area ratio of more than 4290 square meters, and sales of **4290 square meters) shall be halved and levied;
3. If the demolition residents purchase real estate from scratch due to demolition, some of the equivalent of the demolition compensation will be exempted from deed tax, and if the transaction exceeds the demolition compensation, the deed tax will be levied on some of the exceedance. Buyer assumes.
4. Stamp duty: Calculated and levied according to the normal transaction transaction, the buyer and the seller bear half of it. Income Tax:
There are two ways to collect the purchase of the house when it is listed for less than five years: the tax rate is 20%, which is calculated and levied according to the income from the transfer of the property (the sale ** - the original price of the house - the original deed tax - the business tax paid - the reasonable expenses); If the original purchase is not provided, it will be levied at 1% of the transaction**. Seller's assumptions.
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Private sale and purchase of house transfer process:
1. Sign the house purchase contract after reaching an agreement between individuals on various conditions of the house;
2. The parties should bring their ID cards, household registration books, and house purchase contracts to the registration authorities to apply for registration;
3. The registration authority shall review the application materials for the applicant's transfer registration, and handle the transfer registration if the conditions are met.
[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 210.
The registration of immovable property shall be handled by the registration authority where the immovable property is located.
The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
Article 214.
Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.
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1. The buyer and the seller shall apply for the transfer of property rights to the real estate trading center with the sales agreement, ID card and house ownership certificate; and declare the transaction**;
2. The real estate trading center evaluates the real estate according to the actual transaction;
3. The buyer shall pay the deed tax to the financial department, the seller shall declare and pay the business tax and individual income tax to the local taxation bureau, and the buyer and seller shall pay the transaction fee and production cost to the real estate transaction department;
4. Waiting for the "House Ownership Certificate";
5. The buyer shall go to the land and resources department with the new "House Ownership Certificate" and the original "Land Use Right Certificate" to go through the procedures for changing the land use right, pay the production cost, and receive the new "Land Use Right Certificate".
Fees to be paid for the transfer of second-hand housing: Transaction taxes and fees cover a total of 8 types of taxes, mainly including deed tax, business tax, stamp duty, urban construction tax, individual income tax, land value-added tax, education surcharge, local education surcharge, etc. The rates levied vary by region, but the difference is not significant.
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Legal analysis: 1. The buyer and the seller have no loan: the buyer and the seller agree on a contract signing date; Generally, within three working days after the contract is signed, the buyer will pay the down payment to the seller; And agree on a time when the property will enter the trading center.
On the day of entering the trading center, the buyer pays the seller all the house payments except for the final payment. After 20 working days, collect the new title deed; With the new real estate certificate, go through the property handover procedures, water, electricity and gas transfer, and finally at the time of delivery, the next family will settle the balance to the seller.
2. The seller has an outstanding loan: the buyer and the seller agree on a contract signing date; Generally, within three working days after the contract is signed, the buyer will pay the down payment to the intermediary company for supervision; The seller, the buyer and the agent witnessed the repayment of the landlord's outstanding bank loan. After 7 working days, the bank loan is closed, and the two parties agree on a time for the property to enter the transaction center; On the day of entering the trading center, the buyer pays the seller all the house payments except for the final payment.
After 20 working days, collect the new title deed; With the new real estate certificate, handle the property handover procedures, water, electricity and gas transfer; Finally, at the time of handover, the buyer will pay the balance to the seller.
3. The buyer takes out a loan to buy a house: First, the buyer's loan amount and credit are reviewed; After the review is correct, the two parties reach a sale and purchase agreement. The buyer and seller agree on a date for signing the contract; Generally, within three working days after the contract is signed, the buyer will pay the down payment to the seller; The buyer enters into a loan agreement with the lending company or bank; After the loan review is completed within 7 working days, the two parties agree on a time for the property to enter the transaction center; 20 working days after entering the trading center, collect a new real estate certificate; The bank lends money to the seller with the new title deed; With the new real estate certificate, handle the property handover procedures, water, electricity and gas transfer; Finally, at the time of handover, the buyer settles the balance to the seller.
4. Both the buyer and the seller have loans: First, the buyer's loan amount and credit are reviewed; After the review is correct, the two parties reach a sale and purchase agreement. The buyer and seller agree on a date for signing the contract; Generally, within three working days after the contract is signed, the buyer will pay the down payment to the intermediary company for supervision; The seller, the buyer and the intermediary company jointly witness the repayment of the seller's outstanding bank loan; After 7 working days, the bank loan is closed, and the buyer and the loan company or bank sign the loan agreement; After the loan review is completed within 7 working days, the buyer and seller agree on a time for a property to enter the transaction center; 20 working days after entering the trading center, collect a new real estate certificate; The bank lends money to the seller with the new title deed; With the new real estate certificate, handle the property handover procedures, water, electricity and gas transfer; Finally, at the time of handover, the buyer settles the balance to the seller.
Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 60 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 for registration of change of land use right to the people's ** land management department at the same level 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 by the people's ** at the same level.
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Hello, the self-service process of second-hand housing transfer: the first step, the buyer should investigate the property rights of the house. To verify the integrity, authenticity and reliability of the property rights of the house, it is necessary to pay 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.
This is the most important thing for the buyer to say that he is defeated, otherwise it may lead to everything that Hou Sakura has done in vain. The second step is to sign a contract for the sale and purchase of second-hand houses. The buyer and seller negotiate the price of the house, the payment method, the liability for breach of contract, the delivery time, and make a deposit.
The buyer and the seller can go to the relevant **Shang** of the housing management department to format the contract text, or they can go to the intermediary company to ask for the contract text. The third step is to find an appraisal company to do an appraisal. This process generally takes 5-7 working days.
The fourth step is to apply for the mortgage business of the house with the loan. If it is a combination of CPF loan and business loan, you need to apply to both the CPF Centre and the bank. This is the most time-consuming stage of the entire second-hand housing process, usually taking around 40 working days.
Fifth, after the mortgage is processed, pay attention to the cancellation of other warrants of the property. The sixth step is to hand over the contract to the relevant office window of the property rights trading center of the housing management department and get the acceptance form. The seventh step is to pay the relevant taxes and fees to the agricultural tax center with the acceptance form and get the tax deed.
The eighth step is to go to the housing management department to apply for the real estate certificate with the tax payment deed. The ninth step is to go to the land management department to apply for the land certificate with the tax payment deed.
**There is a template, and there is really no template to go to the local construction committee to make a copy!
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