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In your absence, you can entrust someone else to sell the house. However, it is necessary to apply for a notarization of entrustment, and the general entrustment cannot be established.
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If you are unable to attend in person due to work, health or other reasons, you can entrust a person to go through the relevant procedures, but you must give a written power of attorney to the person to comply with the law.
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You can write a certificate of entrustment to another person, and you can sell the house on your behalf, which is allowed.
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If you are reluctant to sign the power of attorney to sell the house when you entrust **, in fact, it is the intermediary company that will be affected the most.
What are the general implications for real estate agents?
Prevent you from skipping intermediaries and trading directly with clients, with no intermediary fees.
There is no binding on you;
You will not be able to publish and publish your set of high-quality ** information;
The interests of real estate agents are protected to the greatest extent;
Many owners are reluctant to sign the power of attorney, more for fear of taking on unnecessary responsibilities and being subject to unnecessary constraints, while the property owner will talk more and want you to explain why you want to sign the power of attorney, such as:
Signed the power of attorney and there is nothing to lose to you, why not? And only if you sign a power of attorney, we can bring you a client.
Solution: Even if you don't sign up, I feel that if a prospect needs your house, the agent will come to you.
If you do not sign the power of attorney, we will not fully publish your property information and cannot publish your ** information.
Solution: To be honest with the current agent, you only need to call a**past, probably tell you the situation of the house and what you want**, they will definitely post it directly on the Internet, and then ask you to take photos and shoots of your house**.
In short, a word is for the sake of maximizing benefits.
Knowledge: The house structure, floor, orientation, and decoration of second-hand houses will affect the best of the house
North-facing houses are cheaper than south-facing houses.
A house facing west is cheaper than a house facing east.
A large house is cheaper than a small one.
However, what cannot be changed is that the first-hand house is priced by the developer, and the second-hand house is priced by the owner himself.
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Legal analysis: Not necessarily, you need to have a notarization of entrustment, but you must bring your ID card, household registration book, marriage certificate, and original real estate certificate. No, it is not possible to prove the current condition of the property and the house.
You can entrust others to handle the procedures for the transfer of housing sales on your behalf, and bring your ID card, household registration booklet, and real estate certificate to the local notary office to handle the notarization of the "Power of Attorney" for the transfer of housing sales and transfers to others.
Legal basis: Article 11 of the Notarization Law of the People's Republic of China According to the application of a natural person, legal person or other organization, the notary public shall handle the following notarization matters: (1) the contract; (2) inheritance; (3) Entrustment, declaration, gift, and will; (4) division of property; (5) Bidding and bidding, auctions; (6) Marital status, kinship, or adoption; (7) Birth, survival, death, identity, experience, educational background, degree, position, professional title, and whether there is a record of violations or crimes; (8) Articles of Association; (9) Preserving evidence; (10) The signature, seal, and date on the document, and the copy or photocopy of the document are consistent with the original; (11) Other notarization matters voluntarily applied for by natural persons, legal persons, or other organizations.
For matters that laws and administrative regulations provide shall be notarized, the relevant natural person, legal person or other organization shall apply to a notary public for notarization.
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The sale of a house can be entrusted to someone else, and if you trust the entrusted person enough, you can go to the notary office with the entrusted person.
Handle the notarization of entrustment, and after the completion of the handling, the entrusted person can sell the house. Selling a house is not a trivial matter, the number of property involved is relatively large, it is recommended to handle it in person, and if you can't handle it in person, you should choose a trustworthy person.
Civil Code of the People's Republic of China.
Article 165: Where the authorization is in writing, the power of attorney is to be made.
The name or title, matter, authority, and time limit of the person shall be clearly stated, and the person being ** shall sign or affix a seal.
Article 166:Where several persons are persons in the same ** matter, they shall jointly exercise ** rights, except where the parties agree otherwise.
Article 167:Where the person knows or should know that the matter is illegal but still commits the act, or the person being knows or should know that the person is violating the law and does not express an objection, the person being the subject and the person is jointly and severally liable.
Article 168:**Persons must not carry out civil juristic acts with themselves in the name of the person being **.
However, it is not allowed to be approved or recognized by the ** person.
The person shall not carry out civil juristic acts in the name of the person being the subject and other persons at the same time as himself, except where the two parties to the person are consenting or recognized.
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Selling a house itself is a troublesome matter, involving a lot of content, and often some people don't have time to deal with the sale of a house. So can I sell a house without entrusting someone else?
It is very common to entrust others to buy a house, but if you need to let someone else buy a house, you need to sign a power of attorney, and this power of attorney must be notarized. After the notarization is completed, the ** person can help sell the house.
Conveyancing process
1. Both the buyer and the seller should prepare the information required for the transfer. Specifically, it includes the housing ownership certificate, the identity certificate of the buyer and the seller, the marital status certificate of the first party of the house, the housing verification certificate, the sales contract and other information deemed necessary by the housing registration agency.
2. After both the buyer and the seller prepare these materials, go to the real estate trading center in the district where the house is located, that is, the real estate bureau, and handle the relevant business in hail or pure.
3. Take these materials to the window of the pre-examination of the house, and the pre-examination will be done first.
4. After the pre-examination of the house, go to the window of the housing appraisal and evaluate your house. Note that appraisal is not the same as the buyer-seller transaction, and in general, appraisal is lower than the transaction. In addition, the assessment of the value of the house is not free, and an appraisal fee will be charged, which is generally charged in proportion to the appraised value of the house.
5. After the house is evaluated, go to the household registration window to check how many properties you have under your name, and the next step is to pay the house deed tax.
What materials are required for the transfer of the title deed
1. Application form for real estate transfer registration, proof of identity of the applicant. Materials required by the seller: original ID card and a copy of ID card.
If you are married, you need the original marriage certificate and a copy, and the original real estate certificate; If one of the husband and wife is unable to be present, they must first write a power of attorney and then go to the justice bureau to notarize, the household registration book and a copy. Materials required by the buyer: original ID card and a copy of the ID card, household registration book and copy, if you are single, you need to go to the Civil Affairs Bureau to open a single certificate.
2. Certificate of real estate rights. The decision of the relevant authority, the real estate sales contract, (if the group file needs to be notarized according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized ** real estate gift, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement. If a mortgage has been created, a written document agreeing to the mortgagee shall be submitted.
Where the people's court compulsorily transfers, it shall submit an effective judgment, ruling, mediation document, and notice of assistance in enforcement.
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When selling a house, the seller can entrust another person to handle the transfer procedures for the house on his behalf, and the seller needs to issue a power of attorney to the entrusted person. Article 12 of the Administrative Measures for the Registration of Urban Housing Ownership The right holder (applicant) may entrust a person to apply for housing ownership registration. Article 13 When the right holder (applicant) applies for registration, he shall be aware of the valid documents of the unit or relevant person to be submitted to the registration authority for inspection.
When applying for registration, in addition to submitting the valid certificate of the person to the registration authority, the written power of attorney of the right holder (applicant) shall also be submitted to the registration authority. The procedures for handling the transfer procedures are as follows: 1. Within 30 days after the signing of the housing sales contract, both parties shall apply to the real estate management department with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**; 2. The real estate management department shall review the relevant documents provided, and make a written reply to whether to accept the application within 15 days; 3. The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred houses as needed; 4. The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations; 5. The real estate management department shall issue the transfer certificate.
After completing the above formalities, both parties shall obtain the real estate ownership certificate in accordance with the provisions of the Real Estate Management Law of the People's Republic of China by virtue of the transfer procedures.
Article 86 of the Measures for the Registration of Housing The following materials shall be submitted to the applicant for the registration of the transfer of ownership of the house in accordance with the law: (1) An application for registration; (2) Proof of the applicant's identity; (3) Certificate of ownership of the house; (4) Proof of the right to use the homestead or the right to use the land collectively owned; (5) Materials proving that the ownership of the house has been transferred; (6) Other necessary materials. Those who apply for registration of the transfer of ownership of villagers' houses shall also submit supporting materials proving that the rural collective economic organization has agreed to the transfer.
Where a rural collective economic organization applies for registration of the transfer of ownership of a house, it shall also submit supporting materials with the consent of the villagers' meeting or the authorization of the villagers' meeting and the consent of the villagers' representative meeting.
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