1. What are the procedures for the developer to handle the property right certificate?
(1) signing an 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.
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 government can't get the land use right certificate temporarily for administrative reasons, it 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.
(two) to pay intermediary fees such as 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".
(three) according to the agreed time to receive the real estate license.
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 official invoices to pay taxes.
Second, how do buyers handle new housing property certificates themselves?
(1) Make sure that the developer has completed the initial registration. Ask the developer about the initial registration and make an agreement in the purchase contract. You can also check on the local real estate transaction information website.
(2) Get the application form for registration of house (land) ownership. To the local real estate management department to receive the "housing (land) ownership registration application form" and fill in. After filling it out, the developer should sign and seal it. Some developers will have ready-made stamp forms in their hands, which can also be collected and filled out by developers themselves.
(3) Obtain the map (table). There are three ways to obtain the mapping map (table), namely, the developer's office, the housing area measuring station designated by the developer, and applying to the registration department for mapping the housing area.
(4) Pay taxes and fees. Maintenance fund and deed tax are the expenses that must be paid for buying a new house. Can be paid by the local real estate management department or the designated collecting bank. After payment, be sure to keep the payment voucher.
(5) Submit application materials. The materials mainly include ID card, application form, house sales contract, mapping chart (table), deed tax payment certificate, special receipt for special maintenance funds, etc.
(6) get a real estate license. After submitting the application, property buyers should pay attention to retaining the license notice given by the management department and get the real estate license in time according to the notice time.
What taxes and fees do I need to pay for buying a house?
1, deed tax
According to state regulations, the sale of houses, whether commercial houses or stock houses, must pay deed tax to the state. According to the standard of residential housing, the deed tax is paid at 1%-4% of the total house price, and the specific proportion needs to be determined according to the relevant national policies, purchase time, unit price, purchase area, whether to buy a house for the first time and other factors. Non-residential houses shall be paid at 3% of the total house price.
According to the Notice on Implementing Preferential Deed Tax Policies from 20 10, 10 and 1, if an individual purchases an ordinary house and the house belongs to the only family house, the deed tax will be levied by half. If an individual purchases an ordinary house of 90 square meters or less, and the house belongs to the only family house, the deed tax shall be levied at the reduced rate of 1%.
In general, the purchase of houses below 90 square meters is levied at the rate of 1%, 90- 144 square meters at the rate of 1.5%, and above 144 square meters at the rate of 3%; The second purchase is levied at the tax rate of 3%, regardless of area.
2. stamp duty
Stamp duty is a kind of tax levied on contracts or documents with contractual nature, property rights transfer documents, business books, rights, licenses and other documents determined by the Ministry of Finance. For buyers, the tax rate of stamp duty is five ten thousandths, that is, the tax that buyers should pay is the value of the house multiplied by five ten thousandths, and the stamp duty is paid by taxpayers themselves.
3. Housing maintenance fund
Housing maintenance fund actually includes housing public facilities special fund and housing maintenance fund. When selling commercial housing, the purchaser and the selling unit shall sign the relevant maintenance fund payment agreement, and the purchaser shall pay the maintenance fund to the selling unit according to the proportion of 2-3% of the purchase price.
4. Registration fee
The charging standard is divided into housing and non-housing housing registration fees in 80 yuan; The housing registration fee for non-housing is for each 550 yuan.
5. Transaction costs
3 yuan/m2 for residential buildings, but not for property buyers, and x 0 for non-residential buildings. Pay 35% of the calculation result.
The cost of real estate license and land use right certificate varies from place to place, but neither of them exceeds 100 yuan.
6. Assessment fee
0.5% of the appraisal result will be charged for the part with the appraisal price lower than 654.38+00000, and 0.25% will be charged for the part with the appraisal price higher than 654.38+0000.
The above knowledge is my answer to the question "What procedures do developers need to apply for property right certificates?" If a property buyer entrusts a developer to apply for property right certificates, it is necessary to issue a power of attorney to the developer, which should specify the developer's authority to apply for property right certificates, so as to avoid developing mortgages without property right certificates. If the reader needs to consult a lawyer about legal issues,