For property sale disputes, ask a lawyer for help, and consult a professional lawyer for house sale

1. Is there a purchase agreement? If so, it will be dealt with in accordance with the default clause determined in the house transfer agreement; If not, it needs to be analyzed:

2. First of all, see whether the nature of 5,000 yuan is a "deposit" or a "deposit" - the "deposit" is regarded as part of the subject matter of the contract performance and generally needs to be returned; In the event of a breach of contract, the non-breaching party is not required to return or receive compensation.

3. If the "deposit" is determined, it is necessary to determine whether the buyer is in breach of contract or the seller is in default, if the house transfer agreement is not signed, according to the regulations of the real estate industry, the buyer generally pays the transfer costs between the buyer and the seller.

And your business, if you transfer in the middle, the liability for breach of contract will be on your side.

It is recommended that you consult a lawyer for details

If you can't transfer the property to him, you should return the deposit and settle the transfer of your house first.

The deposit can be negotiated and refunded, but if there is an agreement, it will be agreed.

Hello! The questions addressed to you are as follows:

According to the contract between the two parties, in principle, you have the obligation to assist the other party in handling the transfer.

However, if the transfer fee is not clearly agreed, a supplementary agreement can be reached if there is no agreement.

If it cannot be reached, the deposit can be returned through negotiation.

Good luck!

Interim Regulations on the Assignment and Transfer of Urban State-owned Land Use Rights

Article 24 The owners or co-owners of above-ground buildings and other attachments enjoy the right to use the land within the scope of use of the buildings and attachments. When a land user transfers the ownership of above-ground buildings and other attachments, the land use rights within the scope of its use shall be transferred accordingly, except where the above-ground buildings and other attachments are transferred as movable property.

Therefore, he is obliged to cooperate with you, and if he refuses to cooperate, you can sue the court.

Here, you can consult a lawyer by region and by specialty.

First of all, it depends on whether the sales contract you signed involves how to handle the transfer procedures, and if there is a clear agreement, the other party is required to perform according to the agreement. If there is no agreement that the other party will not admit the debt, you can still go to the court to sue the other party and ask the other party to transfer the land certificate to you according to the transaction customs, and if what you say is true, the court should support your request. If the other party does not perform after the court makes a judgment, you can apply to the court for enforcement, and the court can go out of the formalities to ask the land department to assist in the direct transfer to you.

When you sue the other party, you must first have the identity of both of you, and then the sales contract, including the materials of your real estate deed, is also a supporting evidence.

The cost of passing the land certificate is not much, and the real estate tax within five years stipulated by the state refers to the real estate certificate, which does not involve the land certificate.

The court will not support your request for compensation for lost time and related expenses without relevant legal support.

The most important thing in civil litigation is evidence, so if you want to sue, you must prepare sufficient evidence, that is, you must present evidence to prove what you say and assert! That's what needs the most attention.

Because the house you are buying is a real estate and real estate separately, you should go to the local land administrative department with the original land user to go through the land use right transfer procedures. If he doesn't, you can sue the court for compulsory assistance in the transfer.

If the Land and Resources Management Office does not do it for you, it is to fulfill the proper regulations, and you can go to court to sue the landlord.

If you go with the house, he should help you unconditionally handle it, and you can go to the court to sue.

The test is to directly sue the seller for continued performance of the obligation to cooperate with the transfer of ownership under the sales contract.

This situation should have been resold once before the resettlement property title certificate has been issued, and if you buy it again, it should involve the resettlement of the homeowner, others and you.

Therefore, it is not recommended to buy this suite, if you have to buy it, wait for the property right certificate to be done and then buy it from the property owner (no matter who it is) and go through the relevant transfer procedures.

Attached: Second-hand housing transactions involve taxes and fees

1. Tax 1Deed tax: 3% for ordinary residences, 3% for non-ordinary residences

2.Sales Tax:

a.For the transfer of non-ordinary housing less than 5 years, the business tax shall be levied in full;

b.For the transfer of non-ordinary housing for more than 5 years (including 5 years) or ordinary housing for less than 5 years, business tax shall be levied on the difference between the sales income and the purchase price of the house;

c.Ordinary housing sold for more than 5 years (including 5 years) is exempt from business tax.

3.Personal income tax: 20% of the profit from the real estate transaction or 1% of the house price (exempted if the real estate certificate is more than 5 years old and the only house is the only one).

Second, the fee 1Comprehensive service fee: 5 yuan square meters for ordinary houses (building area), 11 yuan for non-ordinary houses.

2.Property right registration fee: 80 yuan for ordinary residential houses, 550 yuan for non-ordinary residential households.

3.Land registration fee: 35 yuan set.

4.Transaction Appraisal Fee: Appraisal price.

5.Production cost: 38 yuan.

Hope it helps.

Question: Hello, the old man's property is divided among 7 children and divided equally, but 4 children do not agree and come to the house every day to make trouble, what should I do?

Answer: There is a will to inherit according to the will, and there is no will to inherit according to the law. The first in line of legal succession is the spouse, children, and parents, and the second in line is the siblings, grandparents, and maternal grandparents. If there is a first-in-line heir in succession, the second-in-line heir does not inherit.

If there is no heir in the first line of succession, the heir in the second line of succession shall inherit it. Under normal circumstances, the inheritance is distributed equally among the heirs of the same line, and under special circumstances, the inheritance can be distributed unequally among the heirs of the same line. "General" means the various legal heirs in the same order, each other's living conditions.

The situation is basically the same in terms of the ability to work and the obligation to support, support or support the deceased, and the conditions are roughly similar. "Equal distribution of inheritance" means that each legal heir in the same order has obtained the same proportion of the amount of the decedent's inheritance, and there is no obvious difference. "Special Circumstances" means:

1) Heirs who have special difficulties in life and lack the ability to work shall be taken care of when distributing the inheritance, and may be divided more. Special hardship means that it is difficult for the heir to maintain his or her minimum material living conditions because he or she has no independent economic income or other livelihood. Lack of ability to work refers to the partial or total loss of the ability to work due to the fact that the heir is not yet a minor, or due to old age, illness, etc.

2) Heirs who have fulfilled the main obligation of support or support to the deceased or who live with the decedent may receive more dividends in the distribution of the estate. The heir who has fulfilled the main obligation to support the decedent means that the heir who has the legal obligation to raise, support and support the decedent is the inherited.

Ask where you saw this.

Question: Isn't the inheritance divided equally among 7 people?

You are an old man, saying that the equal division is distributed according to the old man's will, and it can be divided equally, and it is useless for others to oppose it, unless the old man redistributes it.

Question: Oh, the old man doesn't have a will.

Hello question, thank you very much.

First of all, about the contract for the sale and purchase of the house. Whether the contract for the sale and purchase of a house is valid depends on whether the expression of intent is true and consistent, and judging by the case, it is consistent. In other words, your contract for the sale and purchase of the house has come into effect, and the buyer has no right to ask to move out.

That is to say, the initiative is in your hands, if you agree to withdraw, then you can withdraw, if you don't agree to withdraw, he can only pay the rest of the house.

Secondly, about the deposit. The deposit has a subordinate nature, and if he regrets not wanting to buy your house, then you can confiscate the deposit, which is clearly stipulated by law. The purpose of stipulating a deposit is to prevent reversal.

Third, about decoration. According to the law, the acquisition of ownership of immovable property is registered as a requirement, so he only acquires possession and not ownership before the registration of the transfer, so he is not allowed to dispose of the property. And he carried out the renovation without your permission, it is illegal, the fault is not yours, and therefore he has no right to claim compensation from you.

Fourth, the issue of complaints. The whole thing is his fault, let him sue, he will definitely lose the case. Not only will you lose the deposit, but you will also have to pay the litigation costs of losing the lawsuit. And you don't have to worry, hehe, so don't be afraid of him, and be tougher.

"If it doesn't work, let me pay him 50,000"?? Why do you want you to give him fifty thousand?

Although you cannot go through the transfer procedures, but the contract between you and the buyer for the sale and purchase of the house is valid, both parties are based on voluntary equality, and now the buyer fails to pay the house payment, and the loan cannot be completed, it is a failure to perform, and you can claim to terminate the contract. The resulting loss should also be borne by the buyer, as he was negligent in failing to take into account that he did not have a temporary residence permit before applying for the loan.

If you don't sell the house, you will have to compensate the other family for the renovation costs; If he regrets not buying a house, you don't give him a decoration fee, and he should return 10,000 yuan.

If you do not have a clear claim, the court will not be able to accept it. You're just asking people to move out, aren't you? You will clearly inform him that if you do not buy a house, I will return the deposit and move out immediately.

I didn't say anything, what do you want to ask?

I would like to reply as follows to the dispute in the sale of the house you are asking for: 1. The sale and purchase of the house is a purchase and sale between equal subjects, and the problem is the core issue in the sale and purchase of the house. 2. The 900 yuan tax issue you said is actually the first problem of house sales, no matter what you think, what you have agreed to at the time, and you want to recover it afterwards, it should be resolved through negotiation, and if the negotiation fails, it is not necessary to sue, because of the lawyer's fees, the litigation fee is several 900 yuan, which means that the lawsuit is profitable, and the person who makes the profit is also financially lost.

10,000 yuan of house sales, 900 yuan of controversy is a small matter, I advise you not to be angry about this little money, when you do decoration, be careful when you decorate, it is equivalent to getting it back.

Strictly speaking, the oral agreement should also be observed, and the subsequent transfer price difference is a supplementary clause and should be observed. However, if you really start a lawsuit, because the contract is beneficial to you, so if you completely and completely deny the oral agreement, then if he has no other evidence to prove it, he really has no way to take you but to perform according to the contract.

But I personally feel that it is not worth it to go to court for the sake of 900 yuan of property. I hope you can have a good talk with him, go through the transfer procedures as soon as possible, and complete the sale of the house.