What problems should Anshan pay attention to when doing real estate license?

This publicity column is specially designed to pay for the real estate license of ordinary people, so they can rest assured that they will not continue to be wronged, which is convenient for ordinary people to enhance their awareness of self-rights protection.

1. How much should I pay for the real estate license? How much should I pay?

According to the national policy, the registration fee is one in 80 yuan and one in 240 yuan. One production fee is free, and each extra copy is charged 10 yuan. It is based on:

1, 1 1998 "Measures for the Registration of Urban Housing Ownership" (revised by Order No.200199 of the Ministry of Construction) stipulates that the obligee shall pay the registration fee and the production fee in accordance with state regulations.

2. Article 2 of the Notice of the State Planning Commission and the Ministry of Finance on Standardizing the Charging Methods and Standards for Housing Ownership Registration (JJ [2002] No.595) implemented on May/Kloc-0, 2002: Housing ownership registration includes initial registration, change registration, transfer registration and cancellation registration. Article 3: Housing expropriation, the unified standard is expropriation by suite, and the charging standard for each suite is 80 yuan. Housing outside the housing is regulated by quota, and the standards are approved by the ministries and agencies. Article 4: One copy is free of production fee, and the production fee can be charged for each additional copy 10 yuan. Article 5: In addition to the charging items and standards stipulated in this circular, the Housing Authority shall not charge any other fees such as housing survey fees in the process of handling the real estate license. Article 8 This circular shall be implemented as of May 1 2002, and the original relevant state regulations and local regulations shall be abolished at the same time.

3. Notice of Sichuan Provincial Price Bureau and Finance Department on Relevant Issues Concerning the Implementation of the State Planning Commission and the Ministry of Finance's Measures and Standards for Charging Housing Ownership Registration Fees (Sichuan Price Fee [2002] No.238) Article 3: (1) For housing, the standard for each set of fees is 80 yuan. (2) Housing charges other than houses: factories, hospitals, schools and other houses are charged per case 160 yuan; Party, government and military organs, social welfare and welfare units are charged per piece 120 yuan; Commercial premises (outlets) are charged according to each case of 240 yuan. Fifth in addition to the fees and standards stipulated in this notice, no other fees such as housing survey fees shall be charged.

Two. The document policy prohibiting arbitrary charges by the Housing Authority is as follows

1, the State Planning Commission and the Ministry of Finance issued the Notice on Comprehensively Rectifying Housing Construction Fees and Cancelling Some Fees on April 6, 2006, 5438+0. Second, cancel a number of illegal and unreasonable charging items. All localities that are similar in nature and content to the fees announced and cancelled in this notice, regardless of the name, will be cancelled. The items involved in the cancellation of housing management fees include housing exchange management fees, real estate transfer transaction management fees, and housing reform commercial housing transaction management fees. The transaction fee charged by Xuanhan Housing Authority has been cancelled.

2. On April 30, 2000, the State Planning Commission issued the Notice on Implementing the Administrative Measures for Intermediary Services to Clean up and Regulate Intermediary Service Fees (total price {2000} 5 1 1), Article 2: Strictly regulate intermediary service fees. It is strictly forbidden for government departments to decompose the work within the scope of their duties into intermediary organizations for charging, and change free services into paid services; It is forbidden for intermediaries to link intermediary services with the functions of government departments and impose fees; It is strictly forbidden to bind intermediary service charges with government law enforcement charges or hitchhike with each other.

3. Article 4 of the Notice of the Ministry of Construction on Further Changing Work Style and Effectively Strengthening and Improving the Registration and Certification of House Ownership (Jian Jian [1999] 1 19): Standardize the charging behavior and reduce the burden on the parties. Charges explicitly cancelled by the state shall not be charged or charged in disguised form, and no unit or individual may violate them. Through administrative means, the parties are forced to accept intermediary services such as evaluation, consultation and agency, and charge fees, so as to reduce the charging standards of all aspects of individual house purchase as much as possible and reduce the burden on buyers.

Third, do you have to pay transaction fees, evaluation fees and survey fees for handling real estate licenses?

These three items belong to intermediary service charges. According to Article 5 of the Measures for the Administration of Intermediary Service Fees (J.J. [1999] No.2255), when providing services and implementing fees, intermediaries should follow the principles of openness, fairness, honesty, fair competition and voluntary compensation by clients, and provide qualified services in strict accordance with business processes. Fourteenth according to the requirements of the client, the intermediary agency shall sign an entrustment agreement with the client when charging fees. The entrustment agreement shall include the entrusted matters, the obligations and responsibilities of both parties, the charging method, the charging amount and the payment time. Article 23 If an intermediary institution violates the principle of voluntariness and, in conjunction with an administrative organ, an institution exercising administrative functions or an industry organization, forces or disguises its clients to buy designated products or accept designated services and collect fees, the competent price department shall investigate and deal with them according to the Price Law and the Provisions on Administrative Penalties for Price Violations. Therefore, it is illegal for the Housing Authority to charge the above three fees forcibly or in disguised form when we handle the real estate license.

4. Under what circumstances should the transaction fee, evaluation fee and surveying fee be paid?

Housing sales transactions in the trading center, it should be given a transaction fee. Otherwise, it should not be given. According to Article 4 of the Measures for the Administration of Commercial Housing Sales (Order No.88 +0 of the Ministry of Construction on April 4, 2006), houses can be sold by themselves or by an intermediary agency. Moreover, most of our houses are not sold through the trading center, so we should not give trading fees. When you do a real estate license, there is no need to evaluate it at all. Therefore, the assessment fee should not be given. Surveying and mapping fees should not be paid. Surveying and mapping is the responsibility of the Housing Authority. He should do these jobs after receiving the registration fee from 80 yuan or 240 yuan.

5. Is it necessary for the trading center to conduct a preliminary examination when handling the real estate license?

According to the provisions of Article 27 of the Measures for the Administration of Urban Housing Ownership Registration, the housing management department shall review the application of the obligee. If the ownership is clear and the source of property rights is complete, it shall be registered and issued within 30 days. Therefore, the review is the responsibility of the Housing Authority. In order to collect transaction fees, it is illegal to hand over the audit right to the trading center, which violates the provisions of Article 2 of JJ[2000]5 1 1.

6. What information do I need to apply for the real estate license?

According to Article 16 of the Measures for the Administration of Urban Housing Ownership Registration, when newly-built houses (commercial houses built by developers and self-built commercial houses) are initially registered, relevant supporting documents such as land use certificate, construction land planning permit, construction project planning permit, construction permit, and housing completion acceptance data shall be submitted. Seventeenth because of the sale, exchange, gift, inheritance of housing transfer registration, it should be submitted (the transferor's) housing ownership certificate and related contracts, agreements, certificates and other documents. Therefore, you don't need to go to a trading center, an evaluation company or a surveying and mapping company to go through any formalities and pay any fees.

7. What should I do if I don't give the transaction fee, evaluation fee and surveying fee, and the Housing Authority doesn't give me the real estate license?

Article 26 of the Measures for the Administration of Urban Housing Ownership Registration: The housing management department shall decide whether to register, suspend registration or not within 7 days from the date of accepting the application, and notify the applicant in writing. Article 27 The Housing Authority shall issue the real estate license within 30 days after acceptance. If the applicant refuses to pay unreasonable fees, it is illegal for the Housing Authority to stop issuing real estate licenses. The applicant may complain to the relevant departments or bring an administrative lawsuit to the housing management department.

8. Do I need a real estate license to buy and sell a house?

That's not true. According to Article 133 of the Contract Law, the ownership of the subject matter is transferred from the delivery of the subject matter. Article 1 1 in the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Contracts (Fa Shi [2003] No.7): If the house is transferred and occupied, it shall be deemed as the delivery of the house.