Question 2: What role can the real estate license play in notarization at the notary office? A general notarial certificate only proves that the certificate is true or the copy is consistent with the original. If it is a notarized real estate license and it is used in China, as long as there is an original, the notarized real estate license will not play any role (the copy is the same as the original, so it is not convenient to take out the original and notarize it), and generally it will not give you a permit. However, you need to handle some other notarization related to the property (generally related to its sale, owner change or share change) or ask you to provide the real estate license and leave a copy in the notary office to prove that you have the right to deal with the property. When going abroad, you will ask for a notarized real estate license when you need proof of property. This is to prove your personal property.
Question 3: What is the function of real estate notarization? Housing is an important means of production and living, which is of great significance to the lives of ordinary people and social production. In order to standardize legal acts involving real estate, prevent real estate disputes and reduce litigation, many laws and regulations stipulate that legal acts involving changes in housing property rights and forms must be notarized. In recent years, Nanjing Notary Office is based on people's livelihood and serves the public. Every year, we handle thousands of notarized real estate sales contracts, real estate gifts, real estate transfer agreements, and house demolition (compensation and resettlement) agreements.
Types of notarization:
1. For real estate inheritance, a notarial certificate of inheritance right shall be obtained. In other words, if children or their families want to inherit the property, they must have a notarial certificate from the notary office; 2. The testator's will to dispose of real estate shall be notarized. If the will for the disposal of real estate has not been notarized, after the will comes into effect, the legal heir and the beneficiary of the will can negotiate and sign an inheritance division agreement according to the contents of the will, and after notarization, go through the registration formalities for the transfer of real estate ownership at the real estate management department; 3.cs.loupan/html/news/201205/393578: If real estate is donated, the donor's Gift Certificate and the recipient's Gift Certificate shall be handled, or both parties shall handle the Gift Contract Certificate; 4. Foreign-related, Hong Kong, Macao and Taiwan-related legal affairs concerning the transfer of real estate ownership must be notarized. If you want to know more information, you can log on to Changsha Real Estate Network. They have a special topic of buying a house and have relevant introductions.
Question 4: The role of real estate notarization. The signing and notarization of the sales contract can only show that the contract is legal and the creditor's rights are established, but it cannot show that the property is yours and you have no right to dispose of it. The Property Law stipulates that real estate (houses and land) must be registered before property rights can be established (except in special circumstances). If, during this period, he reports the loss of the real estate license and reissues it to others, others can obtain the property right of the house in good faith. The head of the household is right. The house has not been bought for five years, and the transfer fee is too high. (1) income tax: the property right of the house is exempted for five years, and it is paid at 1% of the house price or 20% of the difference between the original value and the present value of the house in less than five years. (The original value of the house is generally calculated according to the last deed tax).
(2) Business tax: the property right of the house shall be exempted for five years, and 5.5% of the house price shall be paid for less than five years. Seller's promise
Question 5: Is it useful if the house is not notarized? 1. The Housing Authority does not accept your request to' prevent the second transaction from re-issuing the real estate license', because at present he is the owner, and you have no control over what he wants, and the Housing Authority has no right to control it. Let's assume that you notarized it, and he took you 200 thousand, and then he can find another house to sell immediately, which is completely legal (in terms of this transaction), and then what can you do? You can only sue him for notarization, and he will bear the liability for breach of contract, refund you 200,000 yuan and bear the liquidated damages. 2. Generally speaking, you can set a limited time for notarization, such as' valid from XX years to XX years', or you can set a' notarization period until the transaction is completed', so you can request to set it until the transaction is completed. During the validity period, you still need the original owner to handle it, because you notarized the sale, not the entrustment, unless it included the entrustment (for example, the original owner entrusted you to handle the house transfer). Whether he goes or not, you need to bring his and his spouse's ID card, marriage certificate, household registration book and their respective copies. 3. It should be noted that the house price will definitely be different after five years, and the' final transaction price difference caused by house price changes' must be notarized, otherwise the 200,000 yuan you said in 1 1 year and the 200,000 yuan you can't get in 15 years. It's a big deal for you to chip in to buy a house. The landlord suggests that you find an existing home transaction, and the real estate policy changes. No one can predict the change in five years. For example, there is no inheritance tax now (so my friends and parents died, so I asked them to inherit it quickly), and it would be terrible if it were levied in the future. Are you sure nothing has changed after five years? You must be eager to move in when you buy a house. Even if you notarize the transaction five years later and you move in, if the house price is too high (assuming it changes from the initial 200,000 to 300,000), I will be the seller. 65438+ 10,000 Can I not be jealous? How much can the liquidated damages be? I'll give you a penalty plus a refund of 200,000 yuan, and I can still make money, and you have to bear the embarrassing situation of moving out of the house and looking for another house and the loss of 200,000 yuan that you haven't earned in five years because of inflation depreciation.
Question 6: What is housing notarization used for? Real estate notarization refers to the activities of notary organs to prove the authenticity and legality of legal acts, facts and documents related to real estate according to the application of the parties. Although the notarization of real estate is not a necessary part of real estate transaction, after the examination of the notary office, the parties can avoid many risks, and the notarized purchase contract or agreement can directly apply to the court for execution.
Question 7: What is the legal function of notarization of housing sales contracts? Didn't you have a real estate license before buying a house? But why is there a land certificate? What is the nature of land use? What are the reasons for not handling the title certificate? You have to figure out these problems first. I'm a lawyer. I have done notarization before and participated in demolition. Let me give you some preliminary suggestions about your problem:
First, if there is no title certificate, the notary office will not notarize your house now. I don't know if you 1999 notarized the house when you bought it.
Second, if the house itself is legal, your family will become the actual owner of the house after buying it. From the perspective of your family and the former owner of the house, the income generated by this house (including but not limited to the income from demolition compensation) should be enjoyed by your family; But after all, at that time, neither the buyer nor the seller registered the transfer (I don't know whether the land use right has been transferred), and the property right of the house can still be registered with the original owner (if the house was registered at that time), so for the third parties other than your family and the original owner (such as the Housing Authority, the Land and Resources Bureau and the Demolition Office), they only identify the ownership of the house according to the contents officially registered in the file, so they may still only recognize the original owner when demolishing the house. Of course, some demolition offices only want to complete the demolition as soon as possible, and may not consider legal issues at all. As long as the investigation confirms that the house has been sold to your family, they will directly compensate your family (if the compensation is a house, there will often be trouble when registering a new house, but cash compensation will do).
3. I paid great attention to legal issues when I participated in demolition before. I will investigate the legality of the house first. If your house is legal, but there is no transfer after the previous transaction, then I will ask the original owner of the house to sign a document acknowledging that the house has been sold to your house, and the proceeds from the demolition belong to your house, and at the same time sign a power of attorney authorizing your house to handle all relevant procedures for house demolition.
I suggest that you first perform the following steps:
1. Find the house purchase contract at that time and keep it properly;
2. Query the current location and contact information of the original owner;
3. Find out the question I asked before;
4. Contact the demolition office to find out about the demolition process and whether they have any relevant solutions for this situation in your home.
Because I don't know all the facts, the above suggestions are for reference only and don't make a final decision.
Your problem will be solved in the end, so don't worry too much. I hope I can help you.
Question 8: Is the notarization of real estate mortgage effective? According to Article 30 of the Measures for the Administration of Urban Real Estate Mortgage, the mortgagor shall go to the real estate management department where the real estate is located for real estate mortgage registration within 30 days from the date of signing the real estate performance mortgage contract.
Thirty-first real estate mortgage contract shall take effect from the date of mortgage registration.
Real estate mortgage should be registered. If it is not registered, even if it is notarized, the mortgage is invalid. Notarization only notarizes the authenticity of the agreement signature and has no actual effect.
Zongheng Law Network-Guangdong Decheng Law Firm-Lawyer Zhu Gui