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Do you still need a homeowner after you get the house?
After the notarization of the real estate license, the original owner must be present in person at the time of transfer. The buyer also needs to be present at the time of transfer. Both parties should prepare the property right transfer contract, identity certificate, surveying and mapping report, property right consent and other related materials. If the materials are wrong or incomplete, the transfer cannot be completed, and the complete materials need to be sorted out before proceeding. After the real estate license is notarized to others, the original owner still has the right to sell the property before the transfer is completed. After the transfer formalities are completed, the property right of the house is officially transferred, and the original owner cannot dispose of the property.
The role of real estate notarization:
1. Ownership certificate: Property notarization can prove the ownership of the property and is a legal document to prove the ownership;
2. Prevention of disputes: Notarization can prevent and reduce disputes caused by property ownership;
3. Easy to trade: notarized real estate can increase the trust of buyers and sellers in the transaction;
4. Inheritance and gift: in the inheritance or gift of real estate, notarization can be used as proof of legal acts;
5. Loan mortgage: mortgage the notarized property, which is helpful for the smooth progress of the bank approval process;
6. Emigration abroad: When going through immigration formalities, the notarization of real estate can be used as proof of personal assets.
To sum up, even if the property ownership certificate has been notarized, the original owner still needs to transfer the ownership in person, and the buyer must bring complete materials including the transfer contract and identity certificate to the scene. Until the formal completion of the transfer procedures, the property rights were transferred to the buyer, and the original owner retained the right to sell.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 209
The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law.
Natural resources owned by the state according to law may not be registered.
Article 2 10
The registration of real estate shall be handled by the registration agency where the real estate is located.
The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.
Article 2 14
The establishment, alteration, transfer and extinction of the real right of real estate that should be registered according to law shall take effect when it is recorded in the real estate register.
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