What are the processes for the transfer of the sale and purchase of the house, and what is the proce

1. What is the process of house sale and transfer?

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 named 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 signed, even if there is only one person's name on the real estate certificate).

2) After the application materials are ready, you must go to the real estate bureau and 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.

3) After the application materials for the transfer of real estate are submitted to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about 15 working days.

4) After the real estate transfer tax is paid, you can get the real estate certificate.

2. What materials are needed for the transfer of the house?

The main materials for the preparation of real estate transfer are:

1) Application form for registration of real estate transfer;

2) Proof of identity of the applicant;

3) Certificate of Real Estate Rights;

4) The administrative decision of the relevant administrative organ, the real estate sales contract, (if it needs to be notarized according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized real estate gift letter, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement;

5) If a mortgage has been created, a written document with the consent of the mortgagee shall be submitted;

6) In the case of compulsory transfer by the people's court, an effective judgment, ruling, mediation document and notice of assistance in enforcement shall be submitted;

7) For the transfer of real estate of unincorporated enterprises and organizations, the approval documents of the property rights department agreeing to the transfer shall be submitted;

8) administrative allocation, reduction or exemption of land premium land, should be submitted to the competent authority of the approval documents and proof of payment of land premium;

9) If the real estate is acquired by bidding, auction or listing, the confirmation of winning the bid, the confirmation of the auction transaction, the contract for the transfer of land use rights and the certificate of payment of the land price shall be submitted;

10) If it is a welfare commercial house, it should be submitted to the relevant competent department for approval;

11) Demolition compensation shall be submitted to the demolition compensation agreement;

12) Opinion of the co-owners of the real estate agreeing to the transfer;

13) In the case of acquisition or merger of enterprises, the approval documents of the relevant departments shall be submitted;

14) In the case of real estate transfer between state-owned enterprises or other organizations, the approval documents of the relevant departments shall be submitted;

15) Other documents stipulated by laws, regulations, rules and normative documents.

The basic procedures for the transfer of ownership of second-hand houses: signing the sales contract, handing over documents, paying taxes, paying taxes and transferring, and obtaining certificates. Sometimes the procedures vary from region to region, for example, it is possible to pay taxes first and then submit the documents.

Signing a sales contract refers to the negotiation and signing of a contract between the buyer and the seller together with the intermediary party (if any) on the real estate, delivery method, payment method, etc.

If the loan requires a certificate of the first house, it must be issued by the relevant department first according to the requirements of the Housing Authority. The seller should bring the original ID card, real estate certificate, and original tax invoices related to the property. The sale and purchase contract can be signed with the Housing Authority version to the Housing Authority.

There are many big cities that have implemented online signing, which is to apply for a pre-acceptance number and fill in the form online, and then submit the documents, so as not to queue up at the housing authority).

Tax payment transfer means: after the buyer and the seller pay their respective taxes, both parties bring their ID cards and all the invoices and documents of their respective taxes and fees to the housing authority to check and confirm that the tax has been paid, complete the transfer, and receive the transfer receipt.

Obtaining the certificate means: the buyer shall bring the ID card and the transfer receipt to the housing authority to collect the new real estate certificate at the specified time according to the transfer receipt.

Legal analysis: There is no provision on the process of housing sales, and in practice, the process of the house sale contract is that the buyer looks at the house, then negotiates with the seller on issues related to the sale and purchase of the house, signs the house sale contract, the buyer pays the house price, the seller delivers the house, and handles the transfer registration.

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, Yu Yan shall not take effect, except as otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Law of the People's Republic of China on the Management 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 41 In the case of the transfer of real estate, a written transfer contract shall be signed, and the contract shall specify the method of obtaining the land use right.

Legal analysis: According to the relevant laws and regulations, after the transaction of the house, the parties must go to the real estate registration department where the house is located to go through the registration of the real right, and provide relevant materials when applying for the registration of the real right. The specific implementation measures are:

1. The buyer and the seller reach a consensus on the purchase of the house, and the buyer agrees with the state of the house and agrees with the house; The seller agrees with the house and the way the buyer pays for the house. After that, on the basis of fair resources, the two parties sign a contract for the purchase of the house and submit the contract to a notary public for notarization.

2. The buyer and seller bring the prepared information, certificates and notarized contracts to the housing authority for transfer registration, note that this is only an application for transfer, we need to submit the prepared information, declare the **** of the house, and then wait for review. Follow-up can only be done after permission has been obtained.

3. After getting the permission of the housing authority, you can pay taxes and fees, which are a necessary expense in the process of second-hand housing transactions, and obtain proof of payment after the payment is completed.

4. Bring the proof of paying taxes and rent and relevant materials to the Housing Authority, and you can get the real estate certificate this time.

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, except as 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 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.

Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property

Article 9 Where an application is made for the registration of immovable property in spike collapse, the applicant shall fill in the application form for registration and submit proof of identity and relevant application materials. The original application materials shall be provided. Where the original cannot be provided due to special circumstances, a copy may be provided, and the copy shall be consistent with the original.

Article 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials:

1) Certificate of ownership of immovable property;

2) Contracts of sale, exchange, and gift;

3) Materials inherited or bequeathed;

4) Split or merger agreements;

5) Legal documents effective by the people's courts or arbitration commissions;

6) The approval documents of the people** or the competent department with the right to approve;

7) Proof of payment of relevant taxes and fees;

8) Other necessary materials.

Legal Analysis: Housing Sale and Transfer Process: 1. Sign the sales contract; 2. Prepare the down payment and freeze it; 3. Appraisal company appraisal (issuance of appraisal report); 4. Apply for a loan from the bank and wait for the bank's approval; 5. Online signing; 6. Transfer of ownership of real estate trading center; 7. Pay taxes and obtain certificates; 8. The bank unfreezes the purchase price; 9. Mortgage registration; 10. Property handover, water and electricity transfer; 11. If the land certificate is a one-time payment, item 2 is replaced by the purchase price.

Legal basis: "Provisions on the Administration of Urban Real Estate Transfer" 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) 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.

1. What is the process of house sale and transfer?

1. The process of house sale and transfer is as follows:

1) Sign the contract for the sale and purchase of the house;

2) Submit the application to the Housing Authority with ID card, household registration booklet, marriage certificate, housing purchase and sale contract, housing verification certificate and other materials;

3) Filing online signature for tax verification and payment procedures;

4) Issue tax receipts, submit receipts, fill in the application form and receive the acceptance notice;

5) Go to the trading center to collect the real estate certificate, confirm the information, and receive the transfer receipt. Count the old.

2. Legal basis: Article 21 of the Interim Regulations on the Registration of Immovable Property.

The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Second, what are the materials for the transfer of the house potato Lusheng.

1. Application for registration;

2) Proof of identity of the applicant;

3. Certificate of house ownership, or certificate of real estate rights;

4. Materials proving the transfer of ownership of the house;

5. Other necessary materials.

The materials in item 4 can be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

Legal analysis: If the purchase and sale of a house need to go through the transfer procedures, a written transfer contract shall be signed, and within 90 days after signing the contract, the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents shall be submitted to the real estate management department where the real estate is located, and the transaction shall be declared**; The real estate management department will review the materials submitted by the applicant, and the eligible will be replied to the application within 7 days, and the real estate registration department will verify the transaction ** after confirming the acceptance, and the transfer party is paying the relevant taxes and fees, and the real estate management department can handle the registration of the transfer of housing ownership and issue the real estate ownership certificate to the new housing owner.

Legal basis: Provisions on the Administration of Urban Real Estate Transfer

Article 3 The term "transfer of real estate" as used in these Provisions refers to the transfer of real estate by the owner of real estate to others through sale, gift or other lawful means. "Other lawful methods" as used in the preceding paragraph mainly includes the following conduct: (1) Buying shares with real estate as a shareholder, establishing an enterprise legal person with others, and changing the ownership of real estate; (2) Where one side provides land use rights, and the other party or more parties provide funds for joint ventures or cooperative development and operation of real estate, resulting in a change in the ownership of real estate; (3) The ownership of real estate is transferred as a result of the acquisition, merger or consolidation of the enterprise; (4) Paying debts with real estate; (5) Other circumstances provided for by laws and regulations.

Article 7 The transfer of real estate shall be handled in accordance with the following procedures: (1) The parties to the transfer of real estate 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.

1. Sign a sales contract.

2. Prepare the down payment and freeze it;

3. Appraisal company appraisal (issuance of appraisal report);

4. Apply for a loan from the bank and wait for the bank's approval;

5. Online signing and 6 real estate transaction center transfers.

7. Pay taxes and obtain certificates;

8. The bank unfreezes the purchase price;

9. Mortgage registration;

10. Property handover, water and electricity transfer;

11. Land certificate inspection file (land certificate).

If it is a one-time payment, item 2 is replaced with a purchase price.