What's the difference between buying and selling houses and transferring houses?
1. House sale refers to the sale of the house after the seller sets the price. After the buyer pays the purchase price, the seller transfers the ownership of the house and the land use right occupied by the house to the buyer.
2, and the transfer of housing in addition to the sale of housing, there are two forms of housing gift and housing inheritance, that is to say, the owner of the house can transfer the ownership of the house and the land use right to the other party with or without compensation.
3. It can be seen that the sale of housing is only one of the forms of housing transfer, and the scope of housing transfer is larger than that of housing sale, covering more contents. Moreover, because the transfer of houses includes not only buying and selling, but also gift and inheritance, it is also necessary to talk about the specific situation when it comes to the process and transaction tax.
House transfer agreement
Seller: _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party A)
Buyer: _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party B)
Witness: _ _ _ _ _ _ _ _ _ _ _ (hereinafter referred to as Party C) Through friendly negotiation, Party A and Party B have reached the following terms on the transfer of Party A's property to Party B:
Article: Party A's statement on the property right of the house.
According to national regulations, Party A has obtained the property ownership certificate of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Party A shall take full responsibility for the perfection of the house. The structure of the house is: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 2 Party A's statement on the right to buy and sell
Party A guarantees that the house conforms to the laws, policies and regulations of the state concerning the listing of houses, and Party A has the right to list the house for trading. Party A shall bear the legal and economic responsibilities arising from the violation of relevant policies and regulations of the State and this Municipality. Article 3. Statement of Party B on the right to purchase
On the premise that the terms of this contract are established, Party B is willing to sign this agreement on purchasing the complete property rights of the above-mentioned house from Party A, and acknowledges that signing this agreement has legal effect only in this case.
Article 4. Housing price
Both parties agree that the sales price of the above-mentioned house is RMB per square meter of the building, and the total price is RMB. (in words _ _ _ _ million yuan only) Article 5 Terms of payment
(1) No bank loan is required. Party B shall pay a deposit equivalent to 10% of the total house price when signing the Municipal House Purchase and Sales Contract. 2. Party B shall pay the remaining 90% of the house price within 3 working days before the transfer formalities.
(2) Bank loan 1. Party B shall pay the down payment equivalent to 10% of the total house price when signing the Municipal House Purchase and Sales Contract. 2. Party B shall pay the deposit within 3 working days before the transfer formalities. 3. Part of the house payment for bank loan shall be paid directly by the bank according to the regulations of the bank.
Article 6. responsibility for breach of contract
1. After Party A and Party B sign this contract, if Party B breaks the contract halfway, it shall notify Party A in writing, and Party A shall return the payment made by Party B (excluding interest) to Party B within 3 working days, but the house purchase deposit belongs to Party A. If Party A breaks the contract halfway, it shall notify Party B in writing, and double the paid deposit and paid amount within 3 working days from the date of breaking the contract.
2. If Party B fails to make the payment according to the time specified in Article 5 of this Agreement, Party A has the right to pursue the default interest on the overdue payables of Party B. For each overdue period, Party B shall pay 0.4% of the house payment payable by Party A as a late payment fee. If the delay exceeds 65,438+05 days, Party B will be deemed to have breached the contract, and the deposit will not be refunded.
3. Party A shall vacate the house within 3 working days after obtaining all the house payment. For each overdue period, Party A shall pay 0.4% of the house price paid by Party B as late payment. If the delay exceeds 65,438+05 days, Party A shall be deemed to have breached the contract, and Party B may request the court to enforce it.
Article 7 Delivery of House Party A and Party B have reached the following specific agreement on the delivery of house.
There is no housing debt, such as telephone bill, electricity bill, property management fee and heating fee.
Article 8 Agreement on Property Rights Disposal After the signing of this agreement,
Party A and Party B shall apply to the district (county) real estate exchange where the house is located to handle the house purchase and sale procedures, and apply for the house ownership certificate according to relevant regulations. Taxes and related expenses arising from the above procedures shall be paid by both parties in accordance with relevant regulations. During the handling process, Party C shall pay in advance and provide corresponding bills when handing over the house for inspection.
Article 9. For matters not covered in this agreement, both parties may sign a supplementary agreement.
The annex to this agreement and the supplementary agreement signed by both parties are an integral part of this agreement and have the same legal effect. In case of any dispute during the performance of this contract, both parties shall settle it through consultation. If negotiation fails, both parties have the right to bring a lawsuit to the people's court where the house is located.
Article 10 An effective explanation of this Agreement is made in quadruplicate, one for each party, one for the district (county) exchange where the house is located and one for the witness. All have the same legal effect. It will take effect as of the date of signature and seal by both parties.
After voluntary negotiation, Party A transfers its legally owned house to Party B ... When transferring the house, it must pay attention to signing a written agreement to safeguard its property safety.
What is the difference between the sale of houses and the transfer of houses mentioned above? This is all the information about the house transfer agreement. Everyone should know something about the sale and transfer of houses. Whether it is for sale or transfer, everyone must have a certain understanding of the relevant information, so that there will be no problems. I hope everyone can have a smooth sailing in the transaction process.