Legal analysis
According to the relevant laws and regulations, real estate notarization refers to the activities of notarization institutions to prove the authenticity and legality of legal acts, facts and documents with legal significance related to real estate according to the application of the parties. Housing transfer refers to the procedures for the change of housing property rights obtained by means of transfer, sale, gift and inheritance. , and in the housing ownership registration center. The difference between real estate notarization and transfer: 1. Different clients. The notarization of real estate is only the notarization of the house sales contract, and the transfer refers to changing the name of the real estate license to the name of the buyer. Second, the effect is different. The notarization of real estate is handled in the notary office, which does not have the effect of transfer, but only serves as proof. When the property transfer is handled by the Housing Authority, the house must be transferred to the buyer, and the ownership really belongs to the buyer. Third, the scope of use is different. Notarization is not a necessary procedure for the sale of houses. Only after the examination of the notary office can the parties avoid many risks, and the transfer of ownership is a necessary procedure for the sale of houses. Generally speaking, whether the sales contract is notarized will have corresponding legal effect, and whether it is notarized needs to be decided by yourself. However, the transactions of four types of property, such as inherited property, donated property, property divided as heritage, foreign-related and transferred property from Hong Kong, Macao and Taiwan, need notarization.
legal ground
Article 209 of the Civil Code of People's Republic of China (PRC) establishes, changes, transfers and extinguishes the real right of immovable property, which shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered.