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In a house transaction, the following procedures are required:
1) Understand the status of property rights. This requires the seller to provide legal and valid supporting documents, including title certificates, identity documents, qualification certificates, and other documents.
2) Entering into a contract of sale. After the buyer and seller negotiate and reach an agreement on the location, property status and transaction of the house, the two parties sign a formal real estate sales contract.
3) Submit an application to the real estate transaction management department for review. After the buyer and seller apply to the real estate management department, the management department shall check the relevant documents and review the property rights. If the application is rejected without property rights or partial property rights and the written consent of other property rights co-owners is not obtained, listing and trading is prohibited.
4) Deed. According to the property rights of the transaction house and the object of purchase, the real estate transaction management department can only go through the deed formalities after the application for review and approval according to the approval authority.
5) Payment of taxes and fees. The composition of taxes and fees is more complex and depends on the nature of the property being traded. For example, there is a difference between the tax structure of housing reform, affordable housing and other commercial housing.
6) Handle the procedures for the transfer of property rights. After the parties to the transaction complete the change registration in the real estate transaction management department, the transaction materials are transferred to the issuing department, and the buyer applies for a new property right certificate with the housing sales contract to the issuing department, and the transaction of the housing transfer is valid.
When it comes to property transactions, there are a few things to keep in mind:
1) Investigate the ownership of the house, especially whether the house is co-owned. It is best to go to the real estate management department to investigate an hour before signing the contract to ensure that the property rights of the house are at the last moment to prevent errors and omissions;
2) Whether the house is a housing reform house, because the housing reform house shall not be transferred within five years, and if it is to be transferred after five years, the original property right unit has the right of first refusal, which will affect the validity of the sales contract;
3) The seller's account must be moved out, otherwise disputes are likely to occur;
4) The sales contract should pay attention to the following expenses that are easy to be overlooked: house maintenance**, the list of equipment owned in the house (which may be provided by the property management unit), water, electricity and gas, Internet access fees, etc.
How much does the agent fee for buying a house generally charge?
The state stipulates that the real estate agent is within 3% of the house transaction**, but most of the banks are implemented at 1%, and the price can be negotiated with the agent.
The fee is proportional to the actual labor effort, and the intermediary company with regular, good reputation, good reputation and good service generally does not discount or rarely significantly reduces the fee standard. The actual situation, the actual treatment, for buyers, of course, there is no minimum, there is even lower.
Generally, it is 3 points, for example, 1 million, 30,000. Because now the owner is almost all the actual price, the owner's side of the fee falls on the customer.
The final ** of the house is determined by the buyer and the seller through negotiation, and the key to the next ** depends on the seller, the intermediary company only earns the intermediary fee, and the general intermediary fee is 1% of the transaction price of the house, and both parties have to pay, each paying 1%.
Legal basisArticle 595 of the Civil Code (Definition of Sales Contract) A sales contract is a transfer of ownership of the subject matter by the seller to the buyer and payment by the buyer.
The contract for the price.
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Legal analysis: 1. Understand **: Understand the trend of housing prices and the average market price.
2. Putting the property on the market and redeeming the building: entrust the intermediary to list the first or the shed person to release the first information, pay off the loan in advance and release the mortgage.
3. Buyer consultation: the buyer expresses his willingness to purchase and inspects the house on the spot.
4. Property right verification: Go to the real estate transaction center to handle property right verification to ensure the safety of the transaction.
5. Sales negotiation: the buyer and seller negotiate on issues such as housing prices.
6. Pay the deposit and sign the contract: the buyer pays the deposit to the seller and signs the deposit contract or sales contract.
7. Handling housing loans: The seller assists the buyer to go to the bank to apply for the housing loan.
8. Delivery: handover of water, electricity, property, TV, ** and other expenses, and finally hand over the key.
Legal basis: "Regulations on the Administration of Urban Real Estate Development and Operation" Article 33 If the buyer is unable to register the ownership of the house more than one year after the expiration of the time limit for the registration of house ownership due to reasons attributable to the seller, the buyer's request for rescission of the contract and compensation for losses shall be supported.
If the seller concludes a contract for the sale and purchase of commercial housing and has any of the following circumstances, resulting in the contract being invalid or revoked or dissolved, the buyer may request a refund of the purchase price and interest paid, compensation for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid:
1) Deliberately concealing the fact that the commercial housing pre-sale permit certificate has not been obtained, or providing a false commercial housing pre-sale permit certificate, (2) deliberately concealing the fact that the house sold has been mortgaged, and (3) deliberately concealing the fact that the house sold has been sold to a third party or resettled for demolition compensation.
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