However, in reality, many people often encounter this situation. I met a set of second-hand houses that I thought were good, and even when the landlord made it clear that there was no real estate license, I bought them. What needs to be reminded here is that some people think that the sales agreement can be notarized at the notary office first to enhance the evidence. However, it must be said that there is no notarization of real estate license, and the risk for property buyers is enormous. The notarized purchase agreement cannot replace the real estate license, what's more, very few people can finally get or apply for the real estate license. Many friends want to buy a house first with the mentality of trying. I didn't expect that if one day the original owner mortgaged or resold the house, the interests of the buyers would be difficult to be guaranteed.
Second-hand housing transactions should follow the following procedures:
1. The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificate, identity certificate and other documents.
2. If the house provided by the seller is legal and can be traded on the market, the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sales contract (or a house sales contract). After the buyer and the seller reach an agreement on the location, property right, selling price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.
3. The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.
4. Contract. The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed.
5. Pay taxes and fees. The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.
6. Go through the formalities of property right transfer and transfer. After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the notice of receiving the property ownership certificate.
7. For the buyer of the loan, after signing the house sales contract with the seller, both the buyer and the seller will go to the loan bank to handle the loan formalities. The bank will review the buyer's credit status, evaluate the house that both parties want to trade, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan.
8. After the buyer obtains the ownership certificate of the house and pays off all the house price, and the seller delivers the house and settles all the property fees, all the second-hand house sales contracts between the two parties are fulfilled.