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1) The buyer and the seller establish information communication channels, the buyer understands the overall status of the house and the property right status, 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 a house (paying a deposit for the purchase of a house is not a necessary procedure for the sale and purchase of a commercial house), and the buyer and seller sign a house sale contract (or 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 the two parties to the transaction can go through the deed formalities. At present, Beijing has abolished the real estate sale deed in the transaction process, which is commonly known as the "white deed".
5) Pay taxes and fees. 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 housing and relocation housing, affordable housing 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 through the loan procedures with the loan bank, and the bank will review the buyer's credit, evaluate the house that both parties want to trade, so as to determine the buyer's loan amount, and then approve the buyer's loan, and the bank will issue the loan at one time after the two parties complete the property right registration change and the buyer receives the house ownership certificate.
8) The buyer receives the house ownership certificate, pays all the house payments, and the seller delivers the house and settles all the property fees.
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1. First of all, it is necessary to determine the ownership of the house and the identity of the seller;
3. After the buyer and seller sign the contract, they should register the real estate change of the house.
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The procedures required for the sale and purchase of real estate are: signing the real estate sales contract, bringing the ID card, household registration book, marriage certificate, real estate sales contract, property right certificate and other materials to the real estate transaction center for transfer registration, the real estate bureau will give the receipt form, pay the tax according to the date of the receipt form, and replace the new certificate to complete the transfer.
Legal basis] 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 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.
Article 210 of the Civil Code.
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.
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Tools Raw material real estate contract, real estate certificate, personal ID card, land certificate method Step 11, [real estate certificate] The real estate certificate includes the house ownership certificate and the house co-ownership certificate, in a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house. The real estate certificate is based on the principle of one house and one house to sell the property certificate, that is, a house with independent building structure and use function (including the house that distinguishes all the houses) has only one ownership. 2.
Co-ownership certificate] When the house is co-owned, the co-ownership certificate is issued to the co-owner in addition to the house ownership certificate. Co-owners can be two or more persons. The disposition of a co-owned property is subject to the written consent of the other co-owners.
3.【Land Certificate】At present, only the properties of the Municipal Bureau have a land certificate. When the property rights change, the land certificate must also be changed when the owner of the property is changed.
Taxes to be paid when it comes to the transfer of ownership, the year of construction in the house registration form: such as the information that the buyer needs to know when taking out a loan.
The payment standards in each region are different, and the following takes Xi'an as an example: >>>More
Among them, the information to be provided by the buyer is: >>>More
As for the question of whether the breach of contract in the sale of the house is a deposit or liquidated damages, according to Article 116 of the Contract Law of the People's Republic of China, the non-breaching party can choose to apply the deposit penalty or liquidated damages. The deposit penalty means that if the non-breaching party is the party paying the deposit, it has the right to require the breaching party to pay double the deposit; If the non-breaching party is the party receiving the deposit, the non-breaching party has the right to confiscate the deposit. The nature of liquidated damages in China's Contract Law is mainly compensatory and punitive to a limited extent. >>>More
You go to the Housing Authority to see if the property is tradable. If the transaction cannot be made, the contract of sale is invalid. Even if the contract is signed. Once the other party repents, it will be very disadvantageous to you.
Legal analysis: Breach of contract in housing transaction can be dealt with in accordance with the contract. If one of the parties fails to perform the obligations agreed in the contract or performs the obligations of the contract but does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. >>>More