The buyers and sellers of real estate put into use shall sign real estate sales contracts. The text of the contract can be a model text formulated by the Housing and Land Administration Bureau or a self-made contract. If a self-made contract is adopted, the parties concerned shall entrust a legal service institution recognized by the Municipal Real Estate Bureau to conduct pre-trial before applying for transfer, and the legal service institution shall put forward pre-qualified opinions on the self-made contract that meets the requirements. City, district and county real estate transaction management institutions shall, after accepting the application for transfer, review the application materials provided by the buyer and the seller, and the contents of the review are as follows:
1. Whether the materials provided by the parties are legal and valid;
Two, the contents of the application form and the materials provided are consistent and correct;
Three, the real estate ownership is clear, there is no ownership dispute or other unclear phenomenon, whether it belongs to the "real estate transfer measures" provisions shall not be transferred;
4. Whether the transferee can transfer the real estate according to the regulations;
5. Whether the purchased real estate has been mortgaged;
Six, the sale of leased real estate, whether the lessee gives up the preemptive right;
Seven, the sale of real estate owned by * * *, * * whether someone gave up the preemptive right;
Eight, the real estate transaction management institutions that other contents should be audited.
If the buyer and the seller are not satisfied with the decision made by the municipal, district and county real estate transaction management agencies not to transfer the ownership, they may apply to the Municipal Real Estate Bureau for administrative reconsideration or bring a lawsuit directly to the people's court.
Procedures and expenses for the transfer of housing property rights:
1 and the individual income tax shall be paid by the seller for the house transfer within 5 years. You don't have to hand it in five years ago.
2. The tax of 1.75% shall be paid for the first transfer (Finance Department).
3. Handling fee 6 yuan/m2 (charged by the Housing Authority)
4. The house appraisal fee is charged at 5‰ of the total price after appraisal (charged by the appraisal firm).
5. The notary fee is the highest in 300 yuan.
According to the above expenses, you can calculate it yourself.
Second-hand housing transfer
The materials to be provided for transfer mainly include: house ownership certificate, identity certificates of buyers and sellers, marital status certificate of sellers, house audit certificate, sales contract and other materials deemed necessary by the house registration agency.
At present, the taxes and fees involved in the sale of second-hand houses mainly include:
1. business tax (seller): The Ministry of Finance and State Taxation Administration of The People's Republic of China jointly issued a notice on February 30, 2008, and the new implementation standard of second-hand housing business tax was adjusted from 2009 1 October1to 65438+ February 3 1. The New Deal relaxed the policy of exempting business tax from buying houses for five years before: if individuals buy non-ordinary houses for less than two years and sell them to the outside world, they will be charged business tax in full; If an individual purchases non-ordinary housing for more than two years (including two years) or ordinary housing for less than two years for external sales, business tax shall be levied according to the difference between his sales income and the purchase price of the housing; Individuals who purchase ordinary houses for more than two years (including two years) for external sales shall be exempted from business tax.
2. Personal income tax: it will be levied when the purchased house is listed and traded for less than five years. There are two ways: ① the tax rate is 20%, which is levied according to the income from property transfer (transaction price-original house price-original deed tax paid-business tax paid-reasonable expenses); ② If the original purchase invoice cannot be provided, it will be levied at 1% of the transaction price. Seller's promise