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1. Whether there is a real estate certificate.
Under normal circumstances, customers who have just bought a house have not yet received the title deed. In this case, the transfer procedure cannot be completed, so there is no way to complete the secondary transaction. If you have already obtained the title deed, you can sell the house, but there are a series of handling fees and transfer fees.
The seller should carefully consider whether it is appropriate to conduct a secondary transaction at this time.
2. Whether the house has a loan. You can sell your home with or without a mortgage, but the procedure is different. If the house is a full-payment house and there is no loan, then the procedure is relatively simple, only a series of transfer procedures are required, and the sale can be carried out without follow-up work.
But if there is a loan for the new house, then the procedure will be very complicated and the bank loan will need to be paid off.
Most home sellers will choose two ways, the first is to mortgage the home with other properties.
The second way is to use the buyer's purchase money to advance and release the mortgage.
Although the state is trying to suppress housing prices, but because China is in a rising period of development, the trend of housing prices is still continuing, investing in real estate is a good choice, if there are no special circumstances for the house you just bought, try not to sell it immediately, because then the taxes and fees will be very high, and the loss is too great!
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It can be sold, but it needs to pay taxes, or some have a certain period of time, and they can only be sold after the deadline.
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Generally speaking, the sale of a newly bought house mainly depends on the time to obtain the real estate certificate, and the sales restriction policy must be determined, taking Chengdu as an example, the Chengdu sales restriction policy stipulates that if the real estate certificate is not full for 3 years, it cannot be listed, and it must be completed for 3 years before trading.
The real estate can only be traded after obtaining the listing qualification, and if it is an ordinary commercial house, once it has been mortgaged or seized by the judicial authorities, it cannot be bought and sold. However, the newly promulgated Civil Code this year adopts lenient rules in the transfer of mortgages, and if there is no special agreement between the parties, the mortgagor can freely transfer the mortgage, and the mortgage rights are always transferred together with the mortgage. If the mortgagee believes that the transfer will affect the realization of the mortgage right, it may require the mortgagor to pay off the debt or deposit the proceeds of the transfer in advance.
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When the new house comes down and you don't want it anymore, you can sell it, but it may not be sold at the original price, and it will have to depreciate a little.
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If you don't want it, there are two situations, one is to check out, and the other is to resell.
One. Check-out is generally refundable, but the premise is that you need to bear the liability for breach of contract and the corresponding amount of liquidated damages, and you must negotiate and reach an agreement with the developer, and the house that has signed the purchase contract can go through the corresponding check-out procedures. And the check-out procedures and processes are a bit cumbersome, and they can cause a lot of financial losses.
If the intention to move out is due to reasons other than economic factors, it is relatively easy to solve, which is nothing more than to bear the liability for breach of contract and pay liquidated damages, and there will be no additional adverse effects other than that.
Two. In the case of resale, it is necessary to obtain the permission of the developer, find a buyer, and sign a transfer contract. If the house is in demand, it is generally easy to find a buyer, and if the house has problems such as geographical location or construction quality problems, it is generally not easy to change hands.
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You can sell it, but if your house doesn't come down, there must be a gap with the house with the house, and this still depends on the individual. There is also the fact that there is no house capital, and generally few people buy it, because it is not very reassuring. Unless the relationship is good.
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Of course, you can sell it, but if you have a limited number of houses, you can't sell them.
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Legal Opinion] It is possible to ask for a check-out, terminate the contract, and ask the developer to return the down payment.
Article 23 of the Interpretation of Several Issues Concerning the Application of Law in Cases of Disputes over Commodity Housing Sales Contracts stipulates that if the buyer makes payment in the form of a secured loan, but fails to conclude a commercial housing secured loan contract due to the reasons of one of the parties, resulting in the inability to continue to perform the commercial housing sales contract, the other party may request to terminate the contract and compensate for losses. If the contract for the sale and purchase of commercial housing cannot be continued due to reasons not attributable to both parties, the parties may request to terminate the contract, and the seller shall return the principal of the purchase price and the interest or deposit received to the buyer.
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Of course, you can sell it, your building is bought with a loan, you can sell it for cash, and then use the money to pay off the loan. So if you don't want to live in a new house, you can sell it, but I don't know if there is a policy.
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Of course, you can sell it after paying the fee, but you need to get the property certificate first, and the new certificate needs to pay a certain amount of taxes, and the specific restrictions should be checked by local policies, or you can directly find one to help you hang and sell it more worry-free.
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Can I sell a new house? If you have a house to live in, it's up to you, you can sell it if you want, so that you can also get a sum of money, because then you have a house to live in, and that house is empty and can be sold.
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If a new house is bought and sold within two years, the house tax will be much higher, and it is not recommended to sell the house within two years.
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Of course, you can, as long as it's due process.
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If the procedures are normal, you can go to the intermediary company to list and then sell, and you can sell according to your own **.
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Yes, as long as the formalities are complete.
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1. If you buy a house and don't want it, you need to agree with the seller to check out, in general, as long as you sign the sales contract with the seller, you don't want the house to check out, you are in breach of contract, you need to pay liquidated damages and the other party agrees to terminate the contract.
2. The down payment is the first advance payment when the house is purchased, and the amount should generally be more than 30% of the total house price.
3. In principle, the buyer should sign the purchase contract immediately after paying the down payment, but if the buyer requests to move out halfway, the developer has the right to deduct part of the buyer's liquidated damages.
Because from the time the buyer pays the deposit, the house purchase and sale behavior has been formed.
4. If you have agreed to check out in the purchase contract, you can act according to the agreement, or you can apply for check-out according to the relevant provisions of the Contract Law.
According to the current law, there are two main types of check-out conditions: agreed conditions and statutory conditions.
5. If the down payment for buying a house meets the check-out conditions agreed in the contract, it is better to negotiate with the developer first, so as to save litigation costs. If mediation fails, then choose litigation or arbitration.
If the landlord does not stipulate a check-out clause in the contract, but meets the statutory check-out conditions, the court will also uphold the owner's move-out request.
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Can I return the house I bought if I don't want it? Meet these.
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Normally, a newly bought house with a title deed can be sold. 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**; 3. The real estate management department shall review the relevant documents provided, and make a written reply on whether to accept the application within 7 days, and if there is no written reply within 7 days, it shall be deemed to agree to accept it; 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 real estate transfer shall pay the relevant taxes and fees in accordance with the regulations; 6. The real estate management department shall go through the registration procedures of housing ownership and issue the real estate ownership certificate.
Legal basis. Article 7 of the Law of the People's Republic of China on the Management of Urban Real Estate Construction administrative departments and land management departments shall be divided into powers in accordance with the provisions of the People's Republic of China, perform their duties, cooperate closely with each other, and manage the national real estate work. The institutional setup and functions and powers of the local people's real estate management and land management departments at or above the county level shall be determined by the people of the provinces, autonomous regions and municipalities directly under the Central Government.
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For the house you just bought, as long as the title deed has been processed, you can do it immediately. However, according to national regulations, if the house is bought and sold for more than 5 years, a part of the taxes and fees will be exempted. After five years, personal income tax and business tax are exempted.
Legal basis: Article 240 of the Civil Code of the People's Republic of China.
The owner shall have the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law.
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1. The new house can be sold. As long as there is a house title certificate after the house is handed over, then it can be listed and traded.
2. If the house ownership certificate has not been processed after the new house is delivered, then it cannot be sold, because the house without the property right certificate cannot be listed and traded.
What are the precautions for handing over the house inspection?
1. Check the area of the house.
1) The indoor and shared area need to be verified together, and the detection area table provided by the developer only has the total area of the entire set and the shared area, and there is no detailed specific area. In order for disputes to occur, in the delivery of the house inspection, it is necessary to calculate the indoor area and the shared area. Because many developers will take advantage of the loopholes in the shared area, the common part needs to be carefully calculated and verified.
2) The area of the house and the area signed by the contract need to be verified when the house is handed over for inspection, although the real estate department has carried out the actual measurement, but if there is a condition, please ask other departments to conduct a second verification. Because the results of the verification by the supervision department requested by the developer may not be accurate.
2. Check the floor height of the houseThe floor height of the house can be measured with a tape measure to see if the actual height of the house is consistent with the contract, and take a good record. At the same time, write down some data and questions about the acceptance of the house on the paper provided by the property management company.
3. Check the waterproof and leak-proof of the house, and check whether the top of the balcony and the pipe interface are leaking. Keep an eye out for peeling paint or mould on the toilet roof. Drainage: toilet toilet, bathtub, kitchen, balcony, sink and other sewerage, qualified ground should not have stagnant water, because the floor drain is placed, but a certain height of the paved ground is left around the floor drain of the rough house.
The waterproof problem is in the toilet and bathroom (about 50px high), and the ceiling of the toilet is checked after 24 hours. The method of acceptance waterproofing is: use cement mortar to make a sill to block the door of the toilet, and then take a plastic bag to cover the sewage outlet, and then tie it up, and then release water in the toilet, shallow (about 50px high).
Then make an appointment with the owner downstairs to check the ceiling of his bathroom 24 hours later.
4. Balcony cracks are dangerous. Cracks in the walls are not structural cracks and are not dangerous. The structural problems of the house often appear on the balcony, and there are cracks in the joints of the balconies, which are likely to be the precursors of the balcony breakage, and the relevant units must be notified immediately.
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As long as the two parties reach a consensus, they can communicate with the developer and change the name on the original contract to change the name of the real estate certificate, because the real estate certificate is handled according to the name on the contract. If you do not change the name of the contract with the developer, you need to apply for the title certificate and then transfer the ownership.
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Look at the local policy, some places must buy a house for a certain period of time before selling, so you can avoid speculating in real estate groups, so you have to understand your local policy, you had better go to the local real estate agency to consult, they know more about this aspect, good luck.
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Yes, it doesn't matter if the new house or the old house is a second-hand house, it can be sold, it still depends on your **, geographical location, and house
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