Property buyers should first examine whether the qualification procedures of developers are sound, that is, whether the five certificates we often say are complete.
Second, buyers and sellers should register the ownership transfer at the real estate exchange within one month after the real estate transaction. You need to bring your ID card, household registration book, commercial housing sales contract and other documents when you register.
3. After receiving the notification from the Exchange to handle the transfer formalities, both the buyer and the seller shall carry their ID cards, household registration books and seals. After paying the handling fee, deed tax and stamp duty, you can go through the transfer formalities. The exchange will issue a real estate sales contract to the buyer. In principle, the real estate license must be handled jointly by the buyer and the seller. If the buyer and the seller or one of them cannot handle the formalities of ownership transfer and property right registration for any reason, they may issue a power of attorney to entrust an agent to handle it on their behalf.
4. After completing the formalities of transfer of ownership, the buyer shall apply for registration with the Municipal or District (County) Housing and Land Administration Bureau where the house is located within three months with the Real Estate Purchase and Sale Contract issued by the real estate exchange. The documents and materials needed to handle the application include: the house ownership certificate of the whole building owned by the seller, the commercial house sales contract, the copy of the stub of the commercial house sales invoice, the copy of the ID card, the registration form of the house ownership transfer, the wall boundary table and the area calculation table.
Fifth, the buyer can get the title certificate after being audited by the real estate management department.
In some places, in the process of buying and selling commercial housing, developers will also provide services such as transaction registration, transfer, and real estate warrants. However, the specific process is basically handled by the developers, and the buyers can't control the specific progress and can't know the relevant situation in time. Therefore, if there are conditions, it is best for buyers to handle it themselves or entrust agents with developers.
The basic process is as follows:
(1) Within 30 days after the signing of the house purchase contract, both the buyer and the seller shall apply to the real estate management department with the house ownership certificate (provided by the seller) and the legal documents of the parties, and declare the transaction price.
(2) The real estate management department shall examine the relevant documents, make a decision on whether to approve or disapprove the registration within 30 days from the date of receiving the application, and notify the parties in writing.
(3) The real estate management department shall verify the declared transaction price, and conduct on-the-spot inspection and evaluation of the bought and sold real estate as needed.
(4) The buyers and sellers of real estate shall pay relevant taxes and fees according to regulations.
(5) The real estate management department issues a transfer order.
(6) The buyer shall obtain the title certificate stipulated in People's Republic of China (PRC) Real Estate Management Law with the transfer letter.
Individuals who purchase commercial houses and apply for real estate licenses shall submit to the registration authority:
1. Purchase contract (original);
2. Purchase invoice (original);
3. Final statement of completion (original);
4. Personal ID card and its copy.
5 tax payment voucher
Requirements are as follows
1, the multi-layer maintenance fund is about 27 yuan per square meter; High-rise buildings are about 39 yuan per square meter;
2. The deed tax house price is 1.5%
3. The transaction stamp duty is three ten thousandths of the house price.
4. Property certificate fee 100 yuan.
5, cadastral map of 25 yuan
6. If the developer or intermediary company is entrusted to handle the real estate license, 2-300 yuan service fee will be paid.
Entrusted developer
Applicable conditions
In order to save your time and energy, you can choose to entrust developers or intermediaries to handle real estate licenses.
In the case of using bank mortgage loans, some banks have stipulated in the housing mortgage loan contract that "the developer needs to assist in handling the real estate license". In this case, only the developer or agency can be entrusted to handle the real estate license.
Even if the developer or intermediary agency is entrusted to handle the real estate license, the developer or intermediary agency can still choose to collect and pay taxes such as deed tax, public maintenance fund and stamp duty, or the developer or intermediary agency can only handle the application procedures for the real estate license, and the taxes such as deed tax and public maintenance fund can be paid by itself.
Scope of application: It is applicable when developers or agencies collect taxes and fees such as deed tax, public maintenance fund and stamp duty.
Step 1: Sign the entrustment agreement.
Usually, there is a clause in the "house purchase contract" about entrusting the developer to handle the real estate license, which itself can be regarded as a separate entrustment agreement. In addition, many developers will require buyers to sign a power of attorney entrusting them to handle the real estate license in addition to the purchase contract, and agree to hand over the deed tax and public maintenance fund to them before they can move in.
Sometimes, developers will entrust relevant procedures to specialized institutions or lawyers.
At this time, you can also choose a developer or an agent company to go through the relevant formalities, and the taxes and fees such as deed tax and public maintenance fund will be paid by yourself.
Precautions:
The agency agreement shall clearly stipulate:
1. Within what period should the developer apply for the real estate license (if the two certificates are separated, the land use right certificate and the house ownership certificate must be marked. Of course, if the local authorities are temporarily unable to obtain the land use right certificate for administrative reasons, they can only make concessions.
2. Within what time limit should the developer or agency provide the official proof of payment of relevant taxes and fees.
3. Agree how to deal with the case that the application cannot be processed as scheduled or the application has an error due to the developer's reasons. It's best to clearly stipulate such clear default treatment methods as "you can return a house" or "you don't return a house, but the developer has to compensate x% of the total house price".
4. Agree how the purchaser can verify the real estate license if the loan bank impounds the real estate license and the purchase contract, because in this case, the purchaser can only "take a look" at the real estate license.
5. Agree to handle mortgage registration. Some banks do not detain real estate licenses, but only handle mortgage registration. Whether the mortgage registration procedures are handled by the developer and how to handle them should also be clearly agreed.
6. Agree on the amount and payment method of the agency fee, and ask for the official receipt stamped by the developer.
If there is no detailed agreement in the purchase contract, please try to include these terms in this entrustment agreement.
Step 2: Pay the agency fee of the real estate license, public maintenance fund, deed tax and stamp duty.
When you move in, developers often ask you to pay these fees. Precautions:
1. Before paying the money, please know the charging standards of these taxes and fees, so as to verify whether the developer's calculation is correct. Please refer to the appendix 1 1 of this book.
Please keep the receipt after paying the money, and ask the payee to affix the official seal, and don't accept the "white note".
Step 3: Get the real estate license according to the agreed time.
Precautions:
1. Check the number of certificates carefully. If you agree to get two certificates, you must verify whether they are complete.
2. Carefully check the records of the real estate license, especially the important information such as area, location, owner's name and ownership status. If it is inconsistent with the contract, ask the developer to explain the reasons.
3. Check the mortgage items recorded in the "Other Rights" column.
4. Ask for an official invoice for paying taxes and fees.
Scope of application: applicable when paying taxes such as deed tax, public maintenance fund and stamp duty.
Step 1: Sign the entrustment agreement.
Precautions:
Matters needing attention are the same as "Step 1" in "Process 1".
Step 2: Pay the agency fee for the real estate license.
When the seller lives, the developer will ask you to pay. Precautions:
Step 3: Pay the public maintenance fund and deed tax to the relevant departments.
Regarding the payment method, you can ask the developer or the staff of the agency. Public * * * maintenance funds are generally collected by community offices in the area where the property is located, and some cities have begun to collect public * * * maintenance funds by banks. Precautions:
Please pay the public maintenance fund and deed tax in time. According to the law, the payment voucher of these two funds is a necessary voucher for handling the real estate license, so if it cannot be paid in time, it will affect your obtaining the real estate license.
Please be sure to keep the official receipt of tax payment and give it to the developer or agency in time so that they can handle the next job.
Step 4: Get the real estate license according to the agreed time.
After the developer or agency company pays the above taxes and fees, it can get the real estate license by handling the real estate license and mortgage registration.
If the loan bank impounds the real estate license and the house purchase contract, you must find an opportunity to carefully check the records on the real estate license. If there are errors in the records, you should ask for changes in time.
Precautions:
1. Check the number of certificates carefully. If the two certificates are agreed, be sure to check whether they are complete;
2. Check the records of real estate license carefully.
3. Check the mortgage items recorded in the "Other Rights" column.
4. Ask for an official invoice for paying taxes and fees.
Tip: check the property rights of the house in time.
Even if you entrust the real estate license, it is necessary for you to inquire about the property right status of the purchased house from the housing administrative department and the land administrative department in time. If "dangerous situations" are found, such as developers illegally setting mortgages, they can claim their rights in time.
References:
Property Ownership Certificate-Baidu Encyclopedia