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What is the procedure for conveyancing a house.
1. The buyer and seller have reached an agreement, and the buyer has recognized the state of the house; If the seller agrees with the property, the buyer agrees with the way the buyer pays for the house. Both parties sign the contract for the purchase of the house and submit the contract to the notary public for notarization.
2. Both parties bring the information, certificate and notarization contract to the housing authority to handle the transfer registration and apply for the transfer, we need to hand in the prepared materials and then wait for the review.
3. After the review of the housing authority, you can pay the taxes and fees, and you must obtain the proof of payment after the payment is completed.
4. Bring the proof of paying taxes and relevant information to the housing authority, and you can get the real estate certificate.
5. After the formalities are completed, the buyer can ask the seller to move out, and when the house is handed over for inspection, it must be asked whether the seller has settled the fees for water, electricity, gas, property management fees, cable TV, etc.
Precautions for the transfer of ownership.
1. Understand the local household registration policy.
Because different regions are different for the housing household registration policy, and buyers need to go through the transfer after buying a second-hand house, if the buyer finds that the house can not be settled after buying a house, then it is a big loss for the buyer, especially in some large cities to implement settlement restrictions, not to buy a house can move into the hukou, in order to avoid the situation of moving over after the house transfer, we must understand the local household registration policy.
2. Verify the property rights of the house.
Buyers should understand the property rights of the house before the transfer, because in the process of second-hand housing transactions, there are many disputes caused by property rights issues, such as the existence of a co-owner of the house, and the co-owner does not agree to transfer the house, or the house is mortgaged and rented, if there are these situations in the second-hand house, the buyer and the seller should solve these problems, and ensure that there will be no real estate disputes before buying the second-hand house.
3. Inventory of housing equipment.
Since the second-hand house is rented out with decoration and furniture, many homeowners will give away some furniture and appliances when the house is in the first house, and the buyer will write these furniture and appliances into the contract when signing the contract, and then carry out the transfer of ownership to facilitate the inventory according to the contract, especially for the brand and model of the equipment can be used or not should be written clearly.
4. Water and electricity handover.
When carrying out the transfer of second-hand housing, buyers can not only care about the property rights of the house, but also understand the water and electricity of the house, and carry out the transfer, the buyer and seller need to go to the business outlets of the water and electricity companies to go through the corresponding transfer procedures, and at the same time, the buyer should also find out whether the original owner is in arrears, and the original owner needs to pay the fee if there is arrears, and then go through the transfer procedures.
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Hello, there are two ways to transfer, one is the gift transfer, the second is the sale and purchase transfer, if the transferee of the property intends to transfer in the future, it is recommended to buy and sell the transfer, the gift transfer is exempt from business tax and income tax, the deed tax and the cost of production still have to be paid, the gift also needs to go through notarization procedures, and the transfer will be transferred again in the future to pay 20% income tax. To handle the transfer, the buyer and the seller and the husband and wife themselves (unmarried and unmarried certificates) need to be present, bring the real estate certificate, ID cards of both parties, household registration, and marriage certificates, go to the housing authority to check the file (verify whether it is a second suite), sign a sales contract for the record, pay the relevant taxes and fees, and then handle it with the file check, payment voucher, and the above materials. The following are the fees for the sale and transfer of second-hand houses, please refer to them.
1.Deed tax: 3-4% for second suites or more than 144 square meters; First home; 1% for less than 90 square meters.
2.Business tax of the transaction price (exempted for 5 years) - it can also be exempted from payment within five years after the notarization of the gift.
3.Personal income tax 1 of the transaction price
4.Transaction fee: 6 yuan m2;
5.Transfer registration fee: 80 yuan.
6.The property right certificate check file and the real estate certificate decal are about 50 yuan.
Hope, thank you!
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Legal analysis: 1. It is necessary to sign a house sale contract or a house purchase contract.
2. 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**.
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.
4. The real estate management department shall verify the declared transaction**, and conduct on-site investigation and evaluation of the transferred houses as needed.
5. The parties shall pay the relevant taxes and fees in accordance with the regulations.
6. The real estate management department issues the transfer form.
The fees are: deed tax, business elimination tax, land value-added tax, income tax, housing transaction fee, house property registration fee, and house appraisal fee.
Legal basis: "Law of the People's Republic of China on the Administration of Urban Real Estate" 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 30 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 for review, and within 7 days to make a written reply on whether to accept the application, within 7 days without 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.
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Legal analysis: 1. The buyer and the seller (if the seller is married, both husband and wife must be there) should apply for the transfer of property rights to the real estate transaction management department with the sales agreement, the "ID card" of both parties (both the seller's husband and wife should be separated, and the household registration book) and the original "house ownership certificate"; and declare the transaction**.
2. The real estate transaction management department requires the real estate of the transaction to be evaluated according to the needs (in fact, it is necessary, because the real estate transaction management department is generally in the same group as the real estate appraisal agency).
3. The buyer shall pay the deed tax to the financial department, and the seller shall declare and pay the business tax and individual income tax to the local taxation bureau (there are preferential policies according to the situation), and any buyer and seller (one party can also be agreed in the contract or agreement) shall pay the transaction fee and production cost to the real estate transaction management department.
4. Wait for the "House Ownership Certificate".
5. The buyer shall go to the land and resources management department to go through the procedures for the change of land use right with the new "House Ownership Certificate" and the original "Land Use Right Certificate".
Legal basis: Article 208 of the Civil Code of the People's Republic of China The establishment, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.
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The process is as follows: 1. Both parties need to be present, if both parties are married, then the husband and wife must be present, even if there is only one name on the real estate certificate, the names of the two people must be signed on the certificate of transfer, if the private house is purchased by a legal person, it is necessary to provide a legal person for business, and need to sign and affix the official seal at the back; 2. Bring the materials to the housing management registration center; 3. After the housing management registration center has passed the review, the tax shall be paid within 15 days according to the number and date of the tax to be paid in the written notice; 4. After the tax is paid, you can go to the housing management registration center to get the transfer certificate.
1. How to transfer the ownership of the house.
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 to 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 for real estate transfer is handed over 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.
Article 3 and 19 of the Law on the Administration of Urban Real Estate shall meet the following conditions when the land use right is obtained by way of transfer
A) in accordance with the transfer contract has paid all the land use right transfer fees, and obtained the land use right certificate;
2) In accordance with the provisions of the transfer contract for investment and development, if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.
If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held.
2. What does the second transfer of the house mean?
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 to 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 handed over 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.
A second transfer of ownership of a house means that the house has been bought and sold twice.
Article 17 of the Administrative Measures for the Registration of Urban Housing Ownership:
If the ownership of the house is transferred due to the sale, exchange, gift, inheritance, allocation, transfer, division, merger, adjudication, etc., the parties shall apply for registration of the transfer within 30 days from the date of the occurrence of the fact.
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The procedures for the transfer of real estate are: apply to the real estate management department with identity documents, proof of marital status, purchase contract, relevant property right certificate of the house and other materials; Wait for review and payment of relevant taxes and fees; The real estate management department shall issue a transfer form.
[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.
Article 61 of the Law on the Administration of Urban Real Estate.
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 after verification by the people's ** land management department at the same level, the people's ** at the same level shall replace or change the number of land use right certificates. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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Legal Analysis: The process of transferring ownership of a house is as follows:
1. Bargoing: The buyer and seller first discuss the price of the house together, or negotiate the price of the house under the intermediary of the intermediary. 2. Pay a deposit
If the buyer agrees to buy the house at a negotiated price**, a deposit must be paid in advance. The deposit is the money that is delivered to the seller to ensure the performance of the contract, and has the effect of the contract. After the deposit is paid, if the buyer repents, the seller has the right to forfeit the deposit, and if the seller repents, it must be refunded twice.
3. Signing: The buyer and seller sign a formal house sales contract.
4. Payment: Pay the purchase price according to the contract.
5. Tax payment: pay the taxes and fees required for the sale and purchase of the house in accordance with the regulations, including deed tax, stamp duty, etc.
6. Transfer: Both parties go through the transfer procedures.
Legal basis: Article 221 of the Civil Code of the People's Republic of China If a party signs an agreement on the sale and purchase of a house or an agreement on other real estate rights, in order to ensure the realization of real rights in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.
After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid.
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The transfer of ownership of the property shall be carried out in accordance with the following procedures: submit an application to the Housing Authority with the ID card, household registration booklet, marriage certificate, housing sales contract, housing verification certificate and other materials; Issue tax receipts and submit receipts after going through the tax verification and payment procedures; Fill in the application form to receive the acceptance notice, go to the trading center to collect the real estate certificate, and confirm the transfer information.
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.
Article 61 of the Urban Real Estate Management Law.
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 of the same limb 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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