How to transfer ownership after the sudden death of the seller of both parties to the real estate transaction?

In the process of buying and selling second-hand houses in Shanghai, people always hope that the transaction can be as smooth as possible. But sometimes it backfires, and it's annoying enough to have some transaction disputes. If you have no experience in buying and selling second-hand houses, you may be caught off guard by the sudden death of the owner. Today's law reading real estate case, Bian Xiao will analyze with you how to deal with such a situation.

Customer situation

During the transaction, the owner of the real estate suddenly died before the contract was signed, and the tax audit and purchase restriction verification failed to handle the transfer, resulting in the inability to transfer the real estate, which may result in a 20% difference in personal income tax. shzyshange44

Processing scheme

Shanghai second-hand housing transactions must be temporarily terminated, and the trading center will cancel the record. The legal heir of Party A goes to the notary office to notarize the estate, and then goes to the trading center to change the property right certificate, and at the same time, conducts tax review and changes its name. After the new property right certificate is processed, Party A and Party B shall re-sign the sales contract, review the tax, check the purchase restriction, handle the loan and transfer the ownership.

settlement of dispute

Then, if there is a 20% difference in personal income tax, who will bear it? This part of personal income tax should be borne by Party A, because the taxes and fees agreed by the landlord before his death do not include this part. During the transaction, Party A shall bear the extra taxes and fees caused by Party A. ..

If Party A is willing to bear this tax, it is suggested that Party A and Party B sign a supplementary agreement when dealing with second-hand houses in Shanghai, so as to clarify the taxpayer before continuing the transaction. If Party A is unwilling to bear the personal income tax of this difference, then Party A and Party B must solve this problem through consultation and even through judicial channels.

Finally, Bian Xiao still hopes that everyone can successfully and healthily complete the whole Shanghai second-hand housing transaction.