The problem of buying a second hand relocation house The problem of buying a relocation house

There is no business tax and no individual income tax for relocated houses.

The handling of the land certificate is handled by the local land management bureau, and it is not something that can be done if you want to. That is to say, if you have a land certificate, you will have it, and if you don't have a land certificate, you don't want to do it!

So it doesn't matter"No land certificate is issued"The consequences of it.

When the developer first developed the project, in order to complete the land transfer, the relocated households must be resettled, and the houses built are generally commercial houses next to the places where the relocated houses are located. Before the relocation house is issued, there is only a relocation agreement, and after the property right registration is completed, there is a certificate of ownership. Generally, the relocation house has a poor room type, small area and poor environment, but it is a small apartment compared to the commercial housing in the same area.

The total price is low. The total payment is 100,000. Generally, the transfer fee is mainly deed tax, which varies according to the unit price in different regions. It is recommended to consult the local real estate management department for specific taxes and fees.

The experts upstairs said that they did not need to pay business tax and individual income tax when buying a relocated house, so they did not agree. We are trained to pay both fees as long as the title deed or relocation agreement is less than five years.

are based on the contract price].

Business Tax: Deed Tax: 3%.

Individual income tax: 1%.

Stamp duty: If the property is not a commercial property, a land transfer fee of 3% is also required

This is not necessarily the case, and the rules vary from city to city.

That is, when the developer expropriates the land, it compensates the houses of the relocated people. Every real estate basically has a relocation house, and the price of the relocation house is generally lower than the price of the commercial house. So, whether the relocation house can be purchased, whether the relocation house can be purchased, the main content is as follows:

The relocation house can be bought and sold after the application of the certificate, and the purchase of the relocation house without obtaining the title certificate may face great risks, and the relocation procedure and the name change cannot replace the house title certificate. Matters to be noted here include asking the seller to provide the relocation agreement and its documentation, verifying the authenticity of the relocation property, and paying attention to determining whether there are co-owners on the property and whether there is a mortgage. In addition, it is necessary to find out whether the house belongs to the relocation of dangerous reform or the relocation of commercial housing.

If the land occupied by the relocated house is allocated land, the buyer will pay the land transfer fee when the property rights transfer procedures of the relocated house are completed. When signing a contract with the sale of the house, you can enter into a contract with a time limit, take the transfer of property rights as the effective condition of the contract and the payment terms, or negotiate with the seller to deposit the purchase price, and after the house obtains the house ownership certificate and goes through the transfer procedures, the notary office will pay the price of the house to the seller, and finally, the buyer should pay attention to let the seller move out, otherwise, the buyer's household registration can not move in. Related knowledge read:

How the transaction works.

1. Buying and selling registration. The seller should bring the valid property right certificate of the house and the valid identity certificate of the owner to the trading center to fill in the "Sale and Purchase Registration Form". The buyer should bring a valid identification certificate to the CFETS to fill in the "Purchase and Sale Registration Form".

2. **Assessment. The seller may entrust the CFETS to conduct an appraisal and pay the appraisal fee, and the Seller shall provide necessary cooperation when the CFETS conducts on-site inspections and assessments. After the appraisal, the CFETS issues a "Housing Appraisal Advisory Opinion" for the seller.

The seller may also appoint an appraisal agency that is qualified to conduct an appraisal.

3. Buying and selling entrustment. The buyer or seller formally signs the House Sale and Purchase Entrustment Agreement with the CFETS, and the buyer pays the service deposit to the CFETS.

4. Transaction. After the purchase and sale entrustment, the business staff of the trading center will recommend ** or find a buyer for the customer, and accompany the buyer to see the house on the spot. After the transaction is completed, the two parties will formally sign a unified "Housing Transaction Contract" at the trading center, and pay the intermediary service fee to the trading center respectively.

5. Handle transaction procedures. The buyer and the seller can handle the relevant transaction procedures on their own or entrust the trading center to handle the relevant transaction procedures, including the deed transfer and property right change registration procedures, and pay the fee.

Matters to be paid attention to when buying and selling relocated houses: As long as the ownership certificate of the house is complete, the first thing to pay attention to when buying a relocated house is whether the house has a property right certificate and other documents are complete.

1. What are the safest ways to buy a relocated house?

The following matters should be paid attention to when buying a relocated house, which will be safer: 1. Check whether you have a real estate certificate, if you have a real estate certificate and the property rights are clear, the purchase of this kind of house is relatively secure. 2. Agree on the time of real estate transfer and delivery.

3. Do not pay the full amount when the property right transfer is not handled. 4. Strictly prevent the situation of more than one house sold.

Second, what is the quality of the relocation house.

The quality of the relocation home. The quality of the relocated housing can generally meet the quality inspection standards of the property, and you can live with confidence. If the quality of the relocated house is not up to standard, the owner of the relocated house can report and complain to the relevant management department.

However, in other aspects, compared with commercial housing, the relocation housing will be at a disadvantage, such as the general relocation housing has a high floor area ratio, high density, and supporting facilities are not so complete, the green environment may not be as good as the commercial housing, and the property management and other aspects may not be as good as the commercial housing.

3. Whether the moving house is considered as the joint property of the husband and wife.

China's Civil Code stipulates that, under normal circumstances, whether the relocated house is considered as the joint property of the husband and wife is determined by the specific circumstances. If one of the spouses is unable to provide sufficient evidence to prove that the house is the property of the individual, then it can be presumed that the house is the property of the husband and wife. At the time of divorce, if the relocation house is recognized as the joint property of the husband and wife, then both parties can divide the house equally.

Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: 1. The owner has obtained the real estate certificate.

Returning houses with real estate certificates can go through the normal process of second-hand sales or lease transactions. Because in the process of second-hand transactions, the real estate certificate is recognized by the housing authority and supervised by it. Therefore, the relocated houses with the "Real Estate Certificate" can be transferred to the Housing Authority normally.

2. The owner only has the relocation agreement in his hands.

The owner only has the developer's relocation agreement in his hands and does not have a real estate certificate, so he cannot transfer or change his name in the real estate transaction center when doing second-hand housing transactions. Because the relocation agreement is only a private commercial agreement between the owner and the developer, this agreement is not endorsed by the housing authority. If a buyer and a landlord trade without obtaining title to the home, it is a private transaction and is illegal.

Legal basis: Article 8 of the Interim Regulations on the Registration of Immovable Property Immovable property shall be registered with the immovable property unit as the basic unit. Real estate units have a unique code.

The immovable property registration agency shall, in accordance with the provisions of the competent department of land and resources, establish a unified immovable property register.

The immovable property register shall record the following matters:

1) The location, boundary, spatial boundaries, area, use and other natural conditions of the immovable property;

3) Matters involving restrictions or reminders of immovable property rights;

4) Other related matters.

Legal Analysis:1Incomplete documents;

2.There is no real estate certificate for the relocated house;

3.Whether the nature of the relocated housing society is restricted by the policy.

Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred: (1) the land use right obtained by way of transfer does not meet the conditions provided for in Article 39 of this Law; 2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law; 3) recovering the right to use land in accordance with law; 4) Co-ownership of real estate, without the written consent of the other co-owners; 5) the ownership is disputed; 6) Failure to register and receive a certificate of ownership in accordance with law; 7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: the relocation house is the house that the developer pays to the relocated households when the land is expropriated; The concept of relocation housing originated from demolition, which is a product of China's special demolition policy. In the process of demolition and resettlement, monetary compensation is adopted, and there is no difference between the purchase of commercial housing by the demolition households with the compensation money and the purchase of commercial housing by ordinary people, both of whom spend money to buy houses, and the identity of the buyers is the same.

Legal basis: Civil Code of the People's Republic of China

Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

After 5 years of returning to the house, it can be bought and sold freely after obtaining the property ownership certificate. Relocation housing is the resettlement of the demolished households when the urban road construction and other public facilities construction projects are carried out. The purchase and sale of the relocated house should go through the transaction and transfer procedures after the original owner's real estate certificate is issued, or go to the notary office to notarize the corresponding transaction at the time of the transaction.

[Legal basis].

Article 61 of the Urban Real Estate Management Law on the transfer or change of real estate, shall apply to the local people's real estate management department at or above the county level for the 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.