The process and procedure of buying and selling individual housing. The real estate license is the proof of the owner's ownership of the house. In addition, when we buy a second-hand house, we need to know the transfer of the house clearly. Let's share the process and procedure of individual house sale.
The process and procedure of buying and selling individual houses 1 You must know these before buying and selling individual houses.
1. Is the property certificate provided by the seller true?
2. What is the real estate area?
3. What is the purpose of the property? Office or residence, or something else
4. Is the property ruled, sealed up or restricted in other ways by judicial organs or administrative organs according to law?
5. Has the property been mortgaged?
According to the provisions of the Civil Code: during the mortgage period, if the mortgagor transfers the registered collateral, it shall notify the mortgagee and inform the transferee that the transferred subject matter has been mortgaged; If the mortgagor fails to notify the mortgagee or assignee, the transfer is invalid. Here, if the property has been mortgaged, then the mortgagor is the seller, and the mortgagee is the third person who mortgages the property, that is, someone, company or bank; The transferee is the property purchaser.
This provision means that the seller has mortgaged the property to a third party, and did not inform the third party or the buyer that the property has been mortgaged when transferring the property, so the transfer behavior is invalid. Only when the mortgage registration is cancelled or the mortgagee agrees can the property be bought and sold.
Personal house buying and selling process
I. Consulting and understanding information
For buyers and sellers of houses, knowing information is the first step. The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.
Second, find a house.
Looking for housing can be through the following channels
1, introduced by relatives and friends;
2. Understand and search through newspapers, online information or posting purchase information;
3. Choose a qualified real estate agency to buy.
Third, look at the house on the spot after finding the house.
After selecting the target housing, you need to go to the site to check it yourself. Experts remind: we must interview the property owner to determine whether the property right of the house is good and whether it has the conditions for listing and trading. For the renovated house, it is necessary to check whether the facilities such as water, electricity, natural gas and heating can be used normally and whether there are obvious quality problems in the house.
Fourth, sign a contract.
The seller provides the legal certificate of the house, and the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sale contract (or a house sale contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.
Verb (abbreviation of verb) ownership transfer
The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, approve the transfer procedures for houses that meet the listing conditions, and refuse the application and prohibit the listing transactions for houses that have no property rights or some property rights without the written consent of others.
Dealing with loans with intransitive verbs
For the buyer of the loan, after signing the house sales contract with the seller, both the buyer and the seller will go to the loan bank to handle the loan formalities. The bank will review the buyer's credit status, evaluate the house that both parties want to trade, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan.
Seven, complete the transaction.
After the buyer obtains the ownership certificate of the house and pays off all the house price, and the seller delivers the house and pays off all the property fees, the sales contract of the second-hand house of both parties is fully fulfilled.
What are the precautions for buying and selling individual houses?
1, whether the house formalities are complete (property ownership certificate, land certificate, deed tax certificate in some areas)
2. Whether the property rights are clear and undisputed (whether there are divorce, inheritance and * * * owners)
3. Whether the transaction house is rented (note: the sale does not break the lease).
4. Is the land situation clear?
5. Does the municipal planning have an impact?
6, whether the house is legal, (don't have illegal buildings, etc. , unable to handle the transfer).
7, whether the unit housing infringement.
8, water, electricity, heating property fees are in arrears, household registration migration.
9. Is the intermediary company illegal?
10. Is the contract clear?
The process and procedure of buying and selling individual housing. What is the process of individual housing sale and transfer?
1. After choosing a house, sign a tripartite agreement with the real estate agent and the owner and pay the down payment.
2. The buyer and the owner meet with the intermediary company, and under the supervision of the intermediary company, the owner and the buyer sign a real estate sales contract; At this time, the relationship between the two parties was formally established, and the buyer paid the down payment to the owner and the agency fee on the agreed date, and the agency company began to handle the loan procedures for the buyer. After the loan is agreed to be issued, the transfer formalities will begin.
3. According to the requirements of property right transfer registration, buyers and sellers need to prepare the information needed for transfer.
4. The full-time transfer agent of the intermediary company carries the buyer, the owner and relevant information to the local taxation bureau for tax verification; If it can be listed and traded, the local taxation bureau will issue a list of deed tax and business tax, which will be paid by the buyer and the homeowner on the same day, and the local taxation bureau will issue a tax receipt.
5. The buyer and the owner go to the real estate trading center to handle the registration and tax payment procedures under the leadership of the transfer clerk. The buyer and the owner shall submit deed tax and business tax receipts and all documents required by both parties for transfer, fill in the Application Form for Registration of House Ownership Transfer, receive the acceptance notice, and pay the house stamp duty at the same time. During this period, the real estate trading center will conduct a preliminary examination and review of the documents and tax payment provided by the buyers and sellers to ensure that the transfer conditions are correct, otherwise the trading center will inform the intermediary company of relevant issues in time.
6. The intermediary leads the new owner and the old owner to hand over the property, that is, to settle the expenses such as water, electricity, cable TV in the house, and at the same time conduct the final inspection of the furniture.
7. After 20 working days, the transfer clerk will inform and lead the new owner to the real estate transaction center to receive the new real estate license, and inform the original owner to prepare to receive the house payment. At this point, the transfer procedures for purchasing second-hand houses have been completed.
Second, what materials are needed for the transfer of second-hand houses?
1, original registration application (provided by the acceptance window)
2, the applicant's identity certificate
3. The original house ownership certificate
4. The original contract for the sale of local stock houses signed online.
5. If the buyer and the seller agree to transfer the transaction settlement funds through a special account, they shall submit the original certificate of custody of the transaction settlement funds of the stock house; If the buyer and the seller agree to transfer the transaction settlement funds by themselves, they shall submit the original statement of self-transfer of the transaction settlement funds of the stock house.
6. Original deed tax payment or tax reduction or exemption certificate
7. The house registration form and house plan on the house ownership certificate.
The process and procedure of buying and selling individual housing 3 I. Real estate transaction process
1. Sign a contract: At this stage, citizens need to sign a real estate brokerage contract with an intermediary agency in addition to a stock house sales contract.
2. Check the housing information: According to the new deed tax policy, you can also enjoy deed tax concessions for buying two houses for your family.
3. Repay the loan in advance: If the seller has not paid off the loan, he needs to apply to the bank for prepayment; After the approval of the bank, the seller will be issued an advance repayment reservation form.
4. Tax payment: Both buyers and sellers need to pay taxes at the tax bureau first, and then go to the real estate registration department for ownership transfer.
5. Account removal and property fee settlement: After paying taxes, the seller shall go to the police station in the jurisdiction where the house is located to issue a certificate of empty account. In addition, go to the residential property company to issue a property fee settlement list; If there is no property management company in the community, the social neighborhood Committee will issue a certificate of house transfer without property management.
6. Fund custody: Most second-hand house buyers are from mortgage to buy a house. In this link, the buyer must increase the down payment. If it is not used to help the seller repay the loan in advance, it must go to the real estate registration department for fund custody. In terms of specific amount, if you buy the first family suite, the down payment needs 2.5%; If you are buying a second family suite, the down payment needs 45%.
7. Transfer: After the fund custody is completed, both parties submit the acceptance form of real estate business and handle the registration of second-hand house sales.
8. Loan: After the new certificate comes down, the buyer can go to the bank to apply for the mortgage of other warrants, and the bank will approve it.
9. Water, electricity and gas transfer, house inspection and house delivery: In this link, both parties can go to the relevant departments with necessary documents, free of charge.
10. Loan cancellation: After confirming that the seller's account has moved out, the property fee has been settled, and there is no problem in the house acceptance, the buyer can sign a contract with the seller after the handover of water, electricity and electricity is completed, and the seller can fund the house payment check and withdraw the final payment from the real estate registration department.
Second, matters needing attention
1, check the listing information;
2. Ownership;
3. Building area;
4. Purchase procedures;
5. Indoor facilities;
6. payment method;
7. Delivery time;
8. breach of contract