Related steps:
(a) to obtain the pre-sale area of commercial housing;
(two) the preparation of registration floor plan and room number;
(three) signed a contract for the sale of commercial housing and submitted for the record;
(four) the real estate bureau designated working days to retrieve the registered contract and file it.
2.( 1) If the house payment is paid in full, directly prepare the relevant materials for advance registration and real estate license.
(2) If it is necessary to apply for bank mortgage, the customer needs to prepare the bank mortgage materials, add a record contract, and send it to the relevant departments of the mortgage bank for review. After the audit, inform the customer to sign the bank mortgage contract in triplicate, all of which will be retrieved and stamped with the official seal of the company, and sent to the bank, one for the customer and one for the mortgage of the real estate bureau. (customers need to go to the bank to sign)
3. Register the real estate notice.
Related steps:
(a) to the real estate bureau to retrieve the "application for advance notice registration" and seal it;
(two) the developer's certificate and the agent's certificate;
(3) the commercial housing sales contract and the power of attorney of the agent;
(4) Advance customer advance notice registration fee (both advance notice registration and mortgage advance notice registration are within 80 yuan);
(5) The client carries the identity certificate, and the agent carries the relevant materials to the real estate bureau to go through the formalities, and the materials will be sent directly to the audit after completion;
(6) After the working day expires, the real estate bureau will notify the payment and get the advance notice registration certificate, and return the advance notice registration fee receipt to the customer.
(The customer needs to go to the real estate bureau to sign and review)
4. Deal with the advance notice registration of real estate mortgage.
Related steps:
(a) to the real estate bureau to retrieve the "mortgage notice registration application" and seal it;
(two) the relevant certificates of the mortgagee (bank) and the certificate of the agent;
(three) the relevant certificates of the developer and the certificate of the agent;
(4) Bank mortgage contract, commercial housing sales contract and power of attorney of the agent;
(5) Pre-lending customer mortgage advance notice registration fee (both advance notice registration and mortgage advance notice registration are within 80 yuan);
(six) the customer carries the identity certificate, to the real estate bureau to review and sign the application;
(7) After signing the certificate issued by the real estate bureau, pay the deed tax and maintenance fund with the certificate and other relevant materials;
(eight) send the payment receipt and other information back to the real estate bureau for review;
(9) At the end of the working day, the real estate bureau will notify the payment and receive the Mortgage Advance Registration Certificate, and return the Mortgage Advance Registration Fee Receipt to the customer.
(It is mainly handled by the developer, and the customer needs to go to the real estate bureau to sign and review)
5. Send the completed mortgage notice registration certificate to the bank, and the bank will lend money.
6. apply for a real estate license. There are two steps: the first step is the company's home ownership certificate, and the second step is the transfer of the company's real estate certificate to the owner's name.
The first step related steps:
(a) to obtain the surveying and mapping table and household map stamped by the surveying and mapping department of the real estate bureau. (Mainly issued by the company and audited by the Surveying and Mapping Office of the Real Estate Bureau)
(two) to provide the relevant documents of the developer, as well as the license certificate, specifically provided by the real estate bureau.
(3) Every household prepares a set of data, which is usually sent to several units in a building for processing.
(4) After the working day expires, pay the fee to the issuing department and get the real estate license.
(handled by the developer)
The second step related steps:
(1) Commercial house sales contract and invoice. The developer obtains the measured area of the Surveying and Mapping Department of the Real Estate Bureau, prints the unified invoice for commercial housing sales and submits it to the owner for real estate license, and the total house payment is refunded according to the area.
(2) Tax payment certificate (deed tax). The industry manager handed the invoice and the last payment stub to the deed tax department in exchange for the deed tax, which was not enough.
(3) The owner shall prepare the ID card, the original and photocopy of the household registration book and the marriage certificate (single certificate) in advance. If I am not here, the client needs to bring my notarial certificate.
(4) Give the property right certificate to the owner, prepare the above information and relevant information provided by the developer, and go to the real estate bureau to handle the property right certificate.
(5) The owner of the full amount can handle it by himself, but the loan customer needs to supervise it so as to handle other warrants quickly.
(six) after the expiration of the working day, the developer will collect evidence and pay the fees. (This depends on the specific situation)
(seven) the developer to retrieve the mortgage owner's real estate license, and attach the loan information for other warrants. (Mainly handled by the developer and signed by the owner)
(eight) after the expiration of the working day, the developer will collect evidence, the owner's real estate license shall be kept by the real estate license, and the other warrants shall be sent to the bank. ...& gt& gt
Question 2: How to apply for advance notice registration of real estate refers to the act that the parties sign an agreement on the sale of houses or other real estate rights and apply for registration with the registration authority according to the agreement to ensure the realization of real rights in the future. After the advance notice registration, if the right holder without advance notice registration agrees to dispose of the real estate, the real right effect will not occur. After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within three months from the date when the real estate registration can be carried out, and the advance notice registration is invalid. The advance notice registration system well avoids the phenomenon of "one room and two sales" in the process of buying and selling houses or other real estate. The parties involved in the transfer of real estate ownership due to sale, exchange, gift, inheritance, allocation, transfer, division, merger and judgment shall apply for transfer registration after the change of real estate ownership. When registering, we should pay attention to the following aspects: (1) Materials to be provided for the purchased real estate as a new commercial house: 1, the purchase contract filed at the pre-sale (sales) office of the commercial house; 2. Real estate license; 3. The original and photocopy of the house purchase certificate; 4. If the buyer is an individual, submit a copy of the ID card; If the buyer is the unit, a copy of the business license (stamped with the official seal of the unit), a power of attorney and a copy of the client's account card shall be submitted. (2) Materials required for the transfer of second-hand houses: house ownership certificate, house sales contract signed by both parties, identity certificates of both parties, etc. (3) Materials to be provided for the donation and transfer of the house: 1, house ownership certificate; 2. The House Gift Certificate notarized by the notary office; 3. Give both parties the original and photocopy of their ID cards; 4. If an agent is needed, a power of attorney and the original and photocopy of the client's ID card shall be issued; 5. The transferred house belongs to inheritance, including the house ownership certificate, the inheritance notarized by the notary office, the original and photocopy of the heir's ID card and other materials.
Question 3: What is advance notice registration and what materials are needed for advance notice registration? The so-called advance notice registration refers to the registration for the purpose of preserving the right of claim and realizing the creditor's right. In order to ensure the realization of property rights in the future, the parties may apply to the registration authority for advance notice registration as agreed. To apply for advance notice registration of house ownership transfer, the applicant shall submit: (1) an application for registration; (2) the identity certificate of the applicant; (three) the contract for the transfer of house ownership; (four) the transferor's house ownership certificate or real estate ownership certificate; (five) the parties' agreement on advance notice registration; (6) Other necessary materials. Fuzhou real estate dispute lawyer's comments: When the parties encounter real estate disputes such as house sales contracts, they must deal with them within the agreed time limit. If the performance of the contract is delayed due to one party's reasons, and the contract can not be continued during this period due to the implementation of the housing purchase restriction policy, the non-breaching party's litigation request for canceling the contract and asking the other party to bear the liability for breach of contract such as compensation for losses should be supported. Real estate dispute lawyer is a full-time lawyer who is committed to dealing with real estate construction, sale, lease, demolition and other disputes. If you have any other related legal questions, please visit Jiuwen Lawyer Network for free consultation. Brief introduction of Fuzhou lawyer Bao Luan: Since practicing, I have accumulated rich litigation experience. Mainly good at companies, real estate, property services, property rights, contracts, medical legal affairs, marriage and family cases, and various criminal cases. In legal services, we have always respected the service principle of "studying law intensively, being proficient in practice and being diligent and conscientious". Through continuous exploration, innovation and development, we have solved many difficult problems for our customers and won wide acclaim. In the process of representing each case, we also pay attention to carrying forward the legal spirit, so that the concept of pursuing fairness and justice can be passed on to customers, and the principles of equality, voluntariness, fairness, honesty and credibility can be reflected in customers' trading behavior. A high sense of responsibility, familiarity with legal norms and good practical experience are all guarantees for the success of debt collection.
Question 4: What does it mean to register the advance notice of buying a house? Advance notice registration refers to the registration made by the parties to limit the debtor's disposition of real estate and ensure the creditor's acquisition of real estate rights in the future when they agree to buy or sell the auction house or transfer other real estate rights. When the buyer handles the advance notice registration, he only needs to bring the copy and original ID card to the real estate transaction hall.
Question 5: What documents do I need to apply for the registration certificate of house advance notice? The following documents are required to apply for the Housing Advance Notice Registration Certificate:
(1) Application for registration;
(2) the identity certificate of the applicant;
(3) Registered commercial housing sales contracts;
(four) the parties' agreement on the registration of advance notice;
(5) Other necessary materials.
Advance notice registration refers to the agreement signed by the parties who buy or sell houses or other real estate rights. In order to ensure the realization of property rights in the future, they can apply to the registration authority for advance notice registration according to the agreement. For example, in the pre-sale of commercial housing, buyers can register the houses that have not yet been built in advance to restrict developers from selling or mortgaging the houses that have been sold again.
Article 20 of the Property Law stipulates: "In order to ensure the realization of property rights in the future, the parties may apply to the registration agency for advance notice registration in accordance with the agreement. After the advance notice registration, if the right holder without advance notice registration agrees to dispose of the real estate, the real right effect will not occur. " "After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within three months from the date when the real estate registration can be carried out, the advance notice registration is invalid."
Question 6: What is the registration of house advance notice? What are the requirements for housing advance notice registration? Lawyer Wei replied: Hello, I'm glad to answer your question. Advance notice registration refers to the registration made by the parties to limit the debtor's disposition of real estate and ensure the creditor's acquisition of real estate rights in the future when they agree to buy or sell the auction house or transfer other real estate rights. For example, in the pre-sale of commercial housing, buyers can register the houses that have not yet been built in advance to restrict developers from selling or mortgaging the houses that have been sold again. After the advance notice registration, the applicant has priority over others in the right of the real estate. However, according to the regulations, if the party concerned fails to exercise the right of claim after two years from the date of registration, the registration will automatically become invalid. According to the provisions of the housing registration method, in any of the following circumstances, the parties may apply for advance notice registration: (1) pre-purchasing commercial housing; (2) Mortgage with pre-purchased commercial housing; (3) Transfer and mortgage of house ownership; (4) Other circumstances stipulated by laws and regulations. After the advance notice registration, if the house is registered for disposition without the written consent of the right holder of the advance notice registration, the house registration agency will not handle it. After the advance notice registration, the creditor's rights are extinguished or the parties apply for housing registration within three months from the date when the corresponding housing registration can be carried out, the housing registration agency shall handle the corresponding registration in accordance with the advance notice registration items.
Question 7: What is the advance notice registration of commercial housing, the function of registration and how to handle the advance notice registration? Article 20 of the Property Law stipulates that the parties sign an agreement on the property right of buying and selling houses or other real estate, and in order to ensure the realization of the property right in the future, they can apply to the registration agency for advance notice registration according to the agreement. After the advance notice registration, if the obligee without advance notice registration agrees to dispose of the real estate, the real right effect will not occur. After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within three months from the date when the real estate registration can be carried out, and the advance notice registration is invalid. The so-called advance notice registration of commercial housing refers to the fact that buyers apply to the housing registration department in advance after signing the purchase contract and before issuing the real estate license, claiming their own property rights to the purchased house. Advance notice registration can be regarded as a kind of quasi-property right, and the buyer's advance notice registration is equivalent to adding a "security lock" to the property right of the house. After the advance notice is registered, the subsequent sale is invalid without the consent of the right holder who registered the advance notice. Second, the role of pre-registration of commercial housing Although there is a relatively perfect filing system for commercial housing contracts, the possibility of developers "selling more in one room" still exists. Because most of the commercial houses on the market are forward houses, it usually takes 1 to 2 years from the completion of contract filing to final delivery. In the context of the current tightening regulation of the property market, the developer's capital chain is generally tight, and it is easier to risk "selling more in one room" in order to seek more funds. Therefore, it is very necessary to carry out the advance notice registration system of commercial housing, prevent the phenomenon of "one room selling more" and protect the legitimate rights and interests of buyers. 1. The personnel of the development company who have signed the application but have not filed it apply for filing business in advance and submit it to the charging step. Pay at the charging window with the completed application payment form, the identity certificate of the purchaser, the purchase contract and the Application for Pre-registration (in triplicate). After charging, the toll collector will sign the opinion of "pre-registration", submit it to the audit link, and issue a bill for payment. After reviewing the identity certificate, purchase contract, pre-registration application form and payment bill of the purchaser, the auditor shall sign the "pre-registration opinion" and submit it to the archives, affix the pre-registration stamp on the pre-registration application form, and the auditor shall keep the sealed pre-registration application form and forward it to the archives. 2. The personnel of the development company who have signed the application for advance notice registration for the record shall pay at the charging window with the application payment form, the identity certificate of the purchaser, the purchase contract and the application for advance notice registration. After the toll collector collects the fee, he will issue a bill for payment. After checking the identity certificate of the purchaser, the purchase contract, the application form for advance notice registration (in triplicate) and the payment form, the reviewer shall affix the advance notice registration stamp on the application form for advance notice registration after checking the identity certificate, the purchase contract, the application form for advance notice registration and forward it to the Archives Section. The above are the answers to "what is the advance notice registration of commercial housing", "the function of the advance notice registration of commercial housing" and "how to handle the advance notice registration of commercial housing". In short, in order to avoid the situation of "one room and two sales", property buyers should handle the pre-sale registration of commercial housing in time after purchasing commercial housing, especially after the pre-sale of commercial housing. As the procedures for handling the advance notice registration of commercial housing in local housing management departments are different, you may wish to consult local real estate lawyers directly for specific matters concerning the advance notice registration of local commercial housing, and they will give you detailed answers.
Question 8: How does the registration authority pre-register the applicant? After the advance notice registration, the right of the original obligee to dispose of the real estate (such as selling the house to others or setting mortgage on the real estate) is restricted. Advance registration makes the right of registration claim have the effect similar to that of real right. Therefore, if such punishment occurs, it will be invalid because of the exclusive effect of advance notice registration. As a kind of real right registration of real estate, advance notice registration should be applied to the registration authority by the obligee (such as the obligee of pre-purchased commercial housing) and the corresponding registration documents should be submitted. After the registration authority has approved the registration, it shall record the advance notice registration items in the register. Because the advance notice registration is not real right (neither ownership nor other rights), generally no ownership certificate is issued. In Taiwan Province Province, China, it is clearly stipulated that "no voucher is required" for advance notice registration. However, Chinese mainland has implemented the registration and certification system for a long time, and it is difficult for the public to adapt if they are not given certificates. Therefore, in the process of revising the ownership registration method, both scholars and people in the industry tend to stipulate that after the advance registration, the right holder (advance notice) registration certificate will be issued. Therefore, the "Measures for Housing Registration" stipulates that "advance notice registration ... shall be recorded in the housing register, and the housing registration agency shall issue the" Registration Certificate ". According to the provisions of the Property Law, advance notice registration is not limited to the pre-purchase of commercial housing, but also includes other real estate rights, including the sale of existing houses (or second-hand houses). When registering the applicant, the registration authority should also deal with it according to different situations. 1. Pre-sale registration of commercial housing. When the Property Law was enacted, the main purpose was to protect the rights and interests of pre-buyers of commercial housing. In the future work practice, the pre-registration of pre-purchased commercial housing will definitely account for a high proportion. When the parties apply, because the house has not yet been built, it is different from the built house in operation: from the original mapping, it is still an open space or an old house that has not been repaired and measured, and the name of the house applying for registration has not been finalized. The house number used in the pre-purchase commercial housing agreement is mostly the construction number. However, in the pre-sale of commercial housing, according to the provisions of the Urban Real Estate Management Law, the seller has already held a construction project planning permit, and the funds invested in development and construction have reached more than 25% of the total investment in engineering construction, and has a pre-sale permit for commercial housing. So the geographical coordinates of the house are unchanged. Therefore, although the house has not been completed, it should still be preceded by surveying and mapping, that is, the location of the house should be marked on the on-site surveying and mapping map, and the house property right table should be established according to the floors, units and sets marked in the architectural design drawings, and a unified house number should be compiled and put on record in the register. When applying for advance registration of pre-purchased commercial housing, the parties concerned shall submit two main registration documents to the registration authority in addition to filling in the registration application form and showing their identity documents: one is the registered pre-sale contract of commercial housing; Second, because the property law stipulates that the application for advance notice registration should be "in accordance with the agreement", it should also mention the written agreement that both parties agree to handle advance notice registration. When reviewing the registration, we should also pay attention to the fact that there is no conflict between the registered items and the records in the register, so as to avoid the developers from repeating the notice registration when they sell one room and two houses. After approval and registration, corresponding records shall be made in the register. Then the advance notice registration certificate can be issued. 2. Pre-registration of existing home transfer. The advance notice registration of the transfer of existing homes should be relatively rare. Some scholars believe that the transfer registration of existing homes can be directly handled, so the advance notice registration is not applicable to the transfer of existing homes. But first, in fact, the parties have this demand (for example, after the buyer and the seller sign the house purchase and sale agreement, the seller hopes to have some time to obtain the supporting documents required for the transfer registration, while the buyer hopes to obtain the ownership in order to guarantee); Second, from the perspective of the property law, it should include the advance notice registration of the transfer of existing homes (in some countries and regions, the advance notice registration is mainly aimed at the sale of existing homes).
Question 9: What are the procedures for pre-registration of houses? According to the provisions of Article 20 of the Property Law, "the parties sign an agreement on the sale of real rights of houses or other real estate. In order to ensure the realization of future property rights, you can apply to the registration agency for advance notice registration as agreed. After the advance notice registration, if the obligee without advance notice registration agrees to dispose of the real estate, the real right effect will not occur.
After the advance notice registration, the creditor's rights are extinguished or the application for registration is not made within three months from the date when the real estate registration can be carried out, and the advance notice registration is invalid. It can be seen that the certificate of house advance notice registration refers to the certificate that the parties apply for advance notice registration to the real estate registration management department (real estate bureau) in order to ensure the realization of future property rights when signing the house sale agreement, and the real estate management department reviews and registers it according to law.