-
What documents are required for real estate transactions.
The documents normally required to be submitted are "Housing Ownership Certificate", "Land Use Right Certificate", housing sales contract, appraisal report, real estate surveying and mapping certificate, and ID card copy It is rare to hear that planning certificates and land certificates should be submitted.
What is the process of real estate transactions?
1. Real estate transactions are first found and viewed.
Of course, this depends on the individual's preference and your own situation, you can find a house online or through an offline agent. Regardless of the way the buyer is looking for a home, it is advisable to pay attention to the issue of property rights.
2. The house and property right review before buying and selling is also a real estate transaction process to understand the situation of the house.
The buyer understands the overall status of the house and the property rights, and requires the seller to provide legal documents, including the house ownership certificate, identity documents and other documents. You can also look at the relevant documents when buying a house, such as house purchase invoices, deed tax invoices, etc., as auxiliary evidence to confirm the ownership of the house.
3. Remember to check the file during the real estate transaction.
The buyer and seller hold the original real estate certificate and the housing authority checks the property file to determine the ownership of the property and whether it has been mortgaged. It is recommended that all buyers should not underestimate this step, and finding out the property rights issue is a major matter related to the ownership of the house.
4. Sign a formal contract.
After the delivery of the first installment, you can sign a formal contract for the sale and purchase of second-hand housing, and the contract sample can be found on the official website of the local housing authority**, and both parties can modify it by themselves. Before signing the contract, it should be noted that if the property has a co-owner, it is necessary to let the co-owners sign together to avoid the possibility of failure of the transaction due to the co-owner's disagreement** later.
5. The buyer applies for a mortgage loan.
If it is not a lump sum payment, the buyer will also need to go to the bank to make a mortgage. In real estate transactions, it is necessary to pay attention to the presence of the buyer and seller when applying for a loan at the bank, and bring the original ID card, marriage certificate, household registration booklet, income certificate, bank statement, sales contract, etc. Because there is a chance that the loan amount will not meet expectations, the buyer needs to be prepared to make a larger down payment, otherwise the transaction will not go through and cause default.
6. Transfer. When you go to the transfer of ownership, you need to go to the property registration center where the property is located to go through the transfer procedures and pay taxes. The buyer and seller need to bring the original ID card, the original real estate certificate, the second-hand house sales contract, etc.
Generally, after receiving the acknowledgment of receipt after delivery, the buyer can ask the bank to release the deposit that was previously supervised. After getting the real estate certificate, the buyer goes back to the bank to apply for the mortgage of the property, and the bank will then pay the balance to the seller, and the buyer will repay the loan on time every month.
-
According to Article 3 of the Inheritance Law of the People's Republic of China, "inheritance is the personal legal property left by a citizen when he or she dies, including: (1) the citizen's income; (2) Citizens' houses, savings, and daily necessities; …
The parents' house is within the scope of the inheritance, and according to Article 29 of the Property Law of the People's Republic of China, "if the real right is acquired by inheritance or bequest, it shall take effect from the beginning of the inheritance or bequest"; Article 30 stipulates that "where a real right is created or extinguished as a result of a factual act such as the lawful construction or demolition of a house, it shall take effect when the factual act is completed". You, as the legal heir of your parents, certainly have the right to inherit the house.
However, in the actual operation after the inheritance, because there is no longer a village collective household registration of the village, there is a problem that it is impossible to handle the registration of housing transfer. It is recommended to take a lawsuit to first determine one's inheritance rights, and then carry the effective judgment of the court before transferring the house to other village collective members of the village.
-
Legal analysis: 1. The buyer and the seller establish information communication channels, the buyer understands the overall status quo and property rights of the house, 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, it can be listed and traded, and the buyer and seller sign the house sale contract.
3. The buyer and the seller jointly apply to the real estate transaction management department for review. 4. Pay taxes and fees. 5. Handle the procedures for the transfer of property rights.
The law is based on the source: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 When the 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.
-
The procedures required to buy and sell a house are as follows:
1. Inquire about the basic information of the commercial housing and facilities;
2. After confirmation, draw up the contract for the sale and purchase of commercial housing;
3. The buyer and the seller sign and seal the contract;
4. The buyer pays the house price according to the contract;
5. The developer delivers the house within the agreed time limit.
The information required for the purchase and sale of real estate is as follows:
1. Housing property right certificate;
2. Housing sales contract;
3. Housing registration form and floor plan;
4. Deed tax payment or reduction certificate;
5. ID cards and household registration books of the buyer and seller and their spouses;
6. Marriage certificate or divorce certificate, divorce agreement, court judgment, etc.
The process of real estate transfer is as follows:
1. Both parties sign the "House Sale and Purchase Contract" and "Power of Attorney";
2. Both parties hand over the purchase deposit and deposit to the company's financial office;
3. Both parties go to the notary office for notarization;
4. Submit the above required information to the company's information department;
5. The company issues receipts and payment vouchers;
6. The evaluation company shall issue an evaluation statement;
7. After the company's external relations department completes the surveying and mapping and procedures, both parties sign with the real estate management department;
8. After getting the receipt from the real estate management department, the buyer will pay the down payment to the seller;
9. After the contractor pays the relevant fees required for the transfer, the buyer pays the remaining payment;
10. The buyer collects the new real estate certificate;
11. Both parties shall go to the company's financial office to get back the purchase deposit and deposit handed over by each party with the receipt voucher.
Legal basisArticle 1 of the Administrative Measures for the Sales of Commodity Housing.
In order to standardize the sales of commercial housing and protect the legitimate rights and interests of both parties to the commercial housing transaction, these measures are formulated in accordance with the "Law of the People's Republic of China on the Management of Urban Real Estate" and the "Regulations on the Management of Urban Real Estate Development".
-
Legal analysis: The transfer of housing requires 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.
Legal basis: Provisions on the Administration of Urban Real Estate Transfers》 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 and letter early 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 the ownership of the house and issue the certificate of real estate ownership.
-
The procedures required for the sale and purchase of houses are: 1. State-owned land use certificate, house ownership certificate or real estate property right certificate (original); 2. The sales contract needs to be signed by both the buyer and the seller and the fingerprint (original); 3. Tax payment certificate, including deed tax and personal income tax for residential buildings, and other related taxes and fees such as urban construction tax and education surcharge for non-residential buildings (original and photocopy); 4. The ID card and marriage certificate of the buyer and the seller must be notarized and entrusted (original and copy); 5. Three copies of the parcel map and the sub-household map (original); 6. Inquiry record and real estate registration application form (filled in on site or on the official website of the local land and resources bureau**); 7. Other necessary materials stipulated by laws and regulations. Legal basis
Article 44 of the Contract Law stipulates that a contract established in accordance with law shall take effect upon its establishment. Where laws and administrative regulations provide that formalities such as approval or registration shall be handled to take effect, follow those provisions.
-
The procedures required for the sale and purchase of houses are: 1. State-owned land use certificate, house ownership certificate or real estate property right certificate (original); 2. The sales contract needs to be signed by both the buyer and the seller and the fingerprint (original); 3. Tax payment certificate, including deed tax and personal income tax for residential buildings, and other related taxes and fees such as urban construction tax and education surcharge for non-residential buildings (original and photocopy); 4. The ID card and marriage certificate of the buyer and the seller must be notarized and entrusted (original and copy); 5. Three copies of the parcel map and the sub-household map (original); 6. Inquiry record and real estate registration application form (filled in on site or on the official website of the local land and resources bureau**); 7. Other necessary materials stipulated by laws and regulations. Legal basis
Article 469 of the Civil Code [Form of Contract Formation] The parties may conclude a contract in written, oral, or other forms.
The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.
Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.
-
The procedures required to buy and sell a house are as follows:
1. Inquire about the basic information of the commercial house, such as **, facilities, etc.;
2. After confirmation, sign the sales contract;
3. The buyer and the seller sign and affix the official seal;
4. The buyer shall pay according to the provisions of the contract;
5. The developer will deliver the house within the time specified in the contract.
1. Housing property right certificate;
2. The contract for the sale and purchase of the house;
3. Housing registration form and floor plan;
4. Certificate of deed tax payment or tax reduction and exemption;
5. ID cards, household registration books and household registration books of buyers and sellers;
6. Marriage certificate, divorce agreement, court judgment, etc.
The procedures for transferring ownership of the house are as follows:
1. Sign the "Power of Attorney" and the "House Sales Contract";
2. Both parties submit the deposit and deposit to the company's finance department;
3. Both parties go to the notary office for notarization;
4. Submit the above required materials to the company's information department;
5. The company issues rolling bills and invoices;
6. The appraisal report shall be provided by the appraisal company;
7. The company's external relations department has completed the relevant measurement and related procedures, which are signed by both parties in the property management department;
8. After receiving the receipt from the property management company, the buyer pays the first payment to the seller;
9. After the contractor pays the relevant transfer costs, the remaining part shall be paid by the buyer;
10. The buyer shall collect the new house ownership certificate;
11. Both parties go to the company's financial department to receive the purchase deposit and deposit with the receipt.
Article 1 of the Administrative Measures for the Sales of Commodity Housing is based on the Law of the People's Republic of China on the Administration of Urban Real Estate and the Regulations on the Administration of Urban Real Estate Development and Operation, and the Regulations on the Administration of Urban Real Estate Development and Operation are formulated to regulate the contract for the sale and purchase of commercial housing and protect the legitimate interests of buyers and sellers.
1. Whether the developer is qualified for ** housing, such as whether it holds a commercial housing pre-sale license;
2. Understand community planning, educational facilities, etc.;
3. When signing the contract, whether the content of the contract is consistent with the content of the commitment.
Article 6 of the Administrative Measures for the Pre-sale of Urban Commercial Housing implements franchising for the sale of virtual commercial housing, which is an important part of the sales of commercial housing. When handling the pre-sale of commercial housing, it is necessary to apply for a pre-sale license from the relevant departments and obtain a "pre-sale license for commercial housing". If you do not have the "Commercial Housing Pre-sale License", you cannot go through the pre-sale procedures.
The above is what procedures are required for the sale of houses, I believe you have already understood, I hope the above content will be helpful to you.
The latest judicial interpretations on the sale and purchase of commercial housing are as follows: 1. The term "contract for the sale and purchase of commercial housing" as used in this interpretation refers to the sale and transfer of the ownership of the house to the public by a real estate development enterprise (hereinafter collectively referred to as the seller) in which the real estate development enterprise (hereinafter referred to as the seller) sells and transfers the ownership of the house to the buyer, and the buyer pays the price. If the seller has not obtained a pre-sale permit for commercial housing, the pre-sale contract for commercial housing concluded with the buyer shall be deemed invalid, but if the seller obtains a certificate of pre-sale permit for commercial housing before filing a lawsuit, it may be deemed valid. >>>More
First, when the two parties sign the contract, the contract is formed and takes effect; >>>More
1. How to transfer ownership of a rural house and what are the transfer procedures? >>>More
Legal Analysis: The tax on the purchase and sale of the house is borne by both the buyer and the seller. The buyer needs to pay the deed tax, stamp duty, transaction fee of 3 yuan, surveying and mapping fee, and 200 yuan of ownership registration fee and certificate collection fee; The seller is required to pay a transaction fee of 3 yuan, stamp duty on the house price, business tax on the difference in the real estate certificate less than 5 years, 20% of the profit part of the real estate transaction or 1% of the personal income tax on the house price, etc. >>>More