What are the procedures for the buyer and seller to transfer the right of use?

1.Sale & Purchase Agreement 6It is easier to get ID cards for both parties.

2.Real Estate Transfer Application Form 7The buyer is a foreigner and needs a family planning certificate.

3.Title Registration Form.

4.Deed tax return approval form.

5.Self-delivery of the book.

Usufruct? I don't know! But for a house transaction, such as a spot transaction, the necessary procedures are the ownership of the house, the land certificate, and the deed.

**, the procedures to be required are, housing invoice, subscription locator sheet, housing contract!

**It is also divided into, resettlement housing and commercial housing! And the procedures are different for both types of houses!

The buyer is divorced, and all he needs is his ID card! If you want to take out a mortgage, you need a certificate of unmarried, as well as proof of income!

What you need to submit for the process:

1. The original application form for registration (provided at the reception window).

2. Proof of identity of the applicant.

3. The original house ownership certificate.

4. The original contract for the sale and purchase of stock housing in Beijing signed online.

5. If the buyer and seller agree to transfer the transaction settlement funds through the exclusive account, the original escrow certificate of the settlement funds of the stock housing transaction shall be submitted; If the buyer and seller agree to transfer the dissolution funds of the transaction on their own, they shall submit the original statement of the self-transfer of the settlement funds of the stock housing transaction.

6. Original certificate of deed tax payment or tax reduction and exemption.

7. The house registration form and house floor plan on the house ownership certificate will cover the name of the property owner and reconsider the number of buyers + 1 copy.

The specific process of buying and selling second-hand houses:

1. The buyer sees the house, the preliminary negotiation between the buyer and the seller, the payment method, the delivery date and other matters, and all the expenses incurred by the buyer and the seller are generally paid by the buyer;

2. The buyer and seller should go to the land department of the archives building to check the files with the original real estate certificate or the original price of the mortgage contract;

3. The buyer and the seller negotiate the house, the deposit, the down payment, the capital supervision, the loan application time, the redemption fee, the transfer application time, the tax payment method, the delivery date, the tenant's situation, the time and proportion of the commission payment, and the liability for breach of contract.

4. The seller and the guarantee company go to the notary office for notarization, and the seller entrusts the guarantee company to handle the relevant affairs;

5. The buyer pays the down payment to the mortgage bank for capital supervision (generally the original loan bank, if you change to other banks, there will be some additional fees), the buyer and the guarantee company sign the fund supervision agreement and related documents with the bank, the buyer applies for a loan to the bank, and the bank agrees to the loan and issues a loan commitment letter to the buyer (the general bank directly notifies the guarantee company), about 7 or 8 working days;

6. After the buyer pays the guarantee fee to the guarantee company, the guarantee company applies to the original lending bank for redemption, and the guarantee company issues a redemption guarantee to the bank, and carries out the registration procedures for redemption and cancellation of mortgage for about 5 working days;

7. It takes 5 working days for the buyer and the guarantee company to sign the real estate sales contract with the real estate property registration center, submit the application for real estate transfer, and the guarantee company to receive the receipt;

8. The buyer and the guarantee company go to the certificate window to sign the receipt to pay the fee to receive the real estate certificate (remember to make more copies, and wait for all the loans to be paid off when you see it again), the guarantee company takes out the new real estate certificate and the mortgage bank registers the mortgage in the real estate property registration center, and the bank gives the down payment to the seller, and after the mortgage registration of the new real estate certificate, the bank will deduct the loan after the foreclosure loan to the seller, about 10 working days;

9. The buyer and seller handle the handover of the house, the transfer of water, electricity, etc., and the buyer receives the key.

Legal analysis: The right-of-use house is commonly known as public housing, and its property rights belong to the state or the collective, so in law, the user of the right-to-use house cannot be transferred. Because the transfer of real estate refers to the transfer of the remaining jujube transfer, sale, gift, inheritance and other ways to obtain the real estate, go to the housing ownership registration center to go through the procedures for changing the property rights of the house.

That is, the whole process of property right transfer from Party A to Party B, the premise is that Party A needs to enjoy the property right of the house.

Legal basis: Regulations on the Administration of Public Rental Housing Article 22 The rental income of public rental housing invested in public rental housing shall be paid into the treasury at the same level in accordance with the relevant provisions of the management of non-tax revenue, and the management of revenue and expenditure shall be carried out in two lines, and it shall be specially used to repay the principal and interest of public rental housing loans and the maintenance and management of public rental housing.

Article 23 Where it is necessary to transfer public rental housing for reasons such as employment, children's schooling, etc., the tenants may exchange the rented public rental housing with the consent of the owner of the public rental housing, Hongpan, or the operating unit entrusted by him.

Ownership of a property with only the right of use cannot be transferred. Because the transfer of the right of use is actually the transfer of the right of use, and the user may not be the owner of the property, it cannot be bought or sold. Only the owner can enjoy the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with the law.

Article 240 of the Civil Code [Definition of Ownership] A person with a person with ownership rights shall have the right to possess, use, benefit from and dispose of his or her immovable or movable property in accordance with law.

Does the notary notary notarize the right to use the house.

Can be notarized. The transfer of the right to use public housing shall first be reviewed by the property rights unit, and then go to the notary office to go through the notarization procedures.

Article 2 of the Notary Law.

Notarization is an activity in which a notary public certifies the authenticity and legitimacy of civil juristic acts, legally significant facts and documents in accordance with legal procedures upon the application of a natural person, legal person or other organization. Article 3 of the "Notary Law" notary public shall abide by the law and adhere to the principles of objectivity and fairness when handling notarization.

Can a house with a mortgage be transferred?

There are two ways to do this1Remortgage, because the buyer must obtain 100% of the property rights of the house in order to **. In the case of a mortgaged house, the bank is also one of the right holders, so it cannot directly handle the transfer procedures, in this case, the homeowner can first consider applying for a mortgage loan.

2.After the loan is paid off**.

Article 7 of the Provisions on the Administration of Urban Real Estate Transfer.

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.

Legal basis.

Negotiate as a house gift to handle the transfer of house property rights, which can save a lot of costs! With the 、、、 land certificate and gift contract of both parties to the house donor, you can apply directly to the local housing management department, and the whole process of the transaction is roughly divided into the following stages:

1. The buyer and the seller establish information communication channels, and the buyer understands the overall status of the house and the property rights, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.

2. If the house provided by the seller is legal and can be listed for trading, the buyer can pay a deposit for the purchase of the house (payment is not a necessary procedure for the sale and purchase of commercial housing), and the buyer and seller sign the house (or the house sale contract). After the buyer and seller reach an agreement on the location of the house, the status of property rights and the transaction, the delivery time of the house, the delivery of the house, and the handling of property rights through negotiation, the two parties shall sign at least three copies of the house sale and purchase contract.

3. The buyer and the seller jointly apply to the real estate transaction management department for review. After the buyer and seller submit the application procedures to the real estate management department, the management department shall check the relevant documents, review the property rights, and approve the transfer procedures for the houses that meet the listing conditions.

4. Deed. According to the property rights of the transaction house and the object of purchase, the real estate transaction management department can apply for review and approval step by step 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. Now the city has cancelled the real estate sale deed in the transaction process, which is commonly known as the "white deed".

5. Payment. The composition of taxes and fees is more complex and depends on the nature of the property being traded. For example, the tax composition of housing reform, dangerous reform, and other commercial housing is different.

6. Handle the procedures for the transfer of property rights. After the parties to the transaction complete the registration of property right change in the real estate transaction management department, the transaction materials will be transferred to the issuing department, and the buyer will apply for a new property right certificate with the notice of obtaining the house ownership certificate.

7. For the buyer of the loan, after signing the house sale contract with the seller, the buyer and the seller will go to the bank to go through the loan procedures, and the bank will review the buyer's credit, evaluate the house that the two parties want to trade, so as to determine the buyer's loan amount, and then approve the buyer's loan.

8. The buyer obtains the house ownership certificate and pays off all the house payments, and the seller delivers the house and settles all the property fees.

The first old notice. 1. The seller's ID card and household registration book are required for the sale and purchase of second-hand houses, which is a necessary condition for registration in the real estate department.

Clause. Second, if the person selling the house is a married person, then you need the marriage certificate of the other party, and it is also important to check the seller's real estate certificate and land certificate.

Thirdly, it is necessary to check the contents of the house sales contract.

Clause. Fourth, there must be a confirmation of the married seller, that is to say, both the seller and the husband and wife must participate, and the husband and wife must sign in person to the local housing property registration department to determine.

Clause. 5. Prepare the seller's own ID card and household registration booklet, and the seller needs to go to the local housing property registration department to sign.

Legal basis.

Article 6 of the Regulations on the Administration of Urban Private Housing.

The owner of a private house in the city must go through the ownership registration procedures with the housing management authority where the house is located, and after examination and verification, obtain the house ownership certificate; When the ownership of the house is transferred or the current status of the house is changed, it is necessary to go to the housing management authority where the house is located to go through the registration procedures for the transfer of ownership or the change of the current status of the house. The first paragraph of Article 9 stipulates: "To buy and sell a private house in the city, the seller must present the house ownership certificate and identity certificate, and the buyer must go through the formalities with the housing management organ where the house is located with the house purchase certificate and identity certificate."

The word "shall" in the above two paragraphs means "must" and is a mandatory norm, and the parties must go through the registration procedures for the transfer of ownership when buying and selling private houses, and the attendants are clearly that the purchase and sale of houses without going through the registration formalities is "private purchase and private sale", so their contracts are invalid.

The transfer of real estate to the buyer and seller requires the house repentance letter sales contract, the original real estate certificate, the measured area of the house, the signature and consent of the neighbors, and finally the payment of handling fees, deed tax, business bilun tax, stamp duty and personal income tax.

No. Because the user does not have ownership of the house, he cannot arbitrarily dispose of the house. Therefore, the right of use of the house cannot be transferred. The law stipulates that the creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with the law.

1. Whether the inheritance of the property needs to be transferred.

Inheritance of the property needs to be transferred. If the property is not acquired, the heirs cannot take ownership of the property, but only have the right to use the property. According to the relevant laws of China, the establishment, alteration, transfer and extinction of real estate rights shall become effective upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law.

2. Can the inheritance of real estate be transferred?

The inheritance of real estate must go through the procedures of transferring the imitation hole. Because China's housing implements a real estate registration system, the establishment, alteration, transfer and termination of real estate rights shall become effective after being registered in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law. Therefore, the heir who inherits the decedent's house must go through the transfer procedures, so that the property right of the house belongs to the heir, and the heir can dispose of the house at will.

3. Does the Civil Code stipulate that real estate can only be registered after the transfer of ownership?

The Civil Code stipulates that real estate registration can only be done after the transfer of ownership of the house. Article 2 of the Civil Code of the People's Republic of China [Effect of Registration of Real Estate Rights] The creation, alteration, transfer and extinction of real estate rights shall become effective 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 [Immovable Property Registration Agencies and Unified Registration of Immovable Property] 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 209 of the Civil Code of the People's Republic of China provides that 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.