What problems do novices often have when dealing with second-hand housing transactions?

Common problems in second-hand housing transactions

1. inherited property? 2. Divorce property? 3. Property entrusted for notarization? 4. The company's real estate? 5. Property with multiple title certificates? Can the house in the inheritance procedure be sold?

If the heir wants to sell the inherited house, he should go through the transfer procedures of the inherited house first, and then sell the house (Chaoyang District Land and Resources Bureau stipulates that it can be sold after completing the notarization procedures of inheritance, without waiting for the change of the property right certificate).

Can the owner of the right to use the house (such as the tenant of public housing) transfer the ownership, that is, transfer the right to use?

Must be confirmed by the property unit (owner). When handling, the broker first asks the customer which unit or housing management office the house belongs to, and then asks whether this unit or housing management office allows users to transfer the right to use the house, what procedures are needed and how to charge. Can the house that needs to be "changed" be sold?

Not all developers are willing to "change the order", so we must first obtain the consent of the housing developers and pay for the house in one lump sum. The specific operation method is to stipulate that the buyer and the seller directly sign a written agreement with the housing developer * *, and sign a new contract after changing the original housing sales contract. Developers will charge a certain fee according to different standards. What is the difference between handling the housing of Chaoyang District Housing Authority?

If the house belongs to the direct management house, the house file is not in the Housing Authority, but in the subordinate housing management office. It takes about three weeks for the Housing Authority to collect the housing files from the housing management offices in this area before it can go through the normal transfer procedures. If both husband and wife have their own delivery rooms, can they be sold?

Can be sold. However, there are restrictions on the relevant area standards. According to the relevant policies and regulations, the highest level of husband and wife shall prevail, and the remaining sales area shall be treated as exceeding the standard.

What is the highest proportion of second-hand housing loans?

Ordinary commercial mortgage loan: up to 80%. The buyer's credit and qualification are also the evaluation factors of "house age" within five years.

Personal housing provident fund guarantees entrusted loans: up to 90% of buyers' income is not enough to pay monthly repayment. Could it be the same payer?

Yes, but it accounts for the share of property rights. Can foreigners, Hong Kong, Macao and Taiwan people apply for housing mortgage loans?

Not allowed. If the spouse is from China, he can apply for a loan as a purchaser, and the income of foreigners can be used as a factor in the qualification examination of repayment.

How to exempt relocated households from tax?

If the demolition agreement has been obtained, when buying a house, show the demolition agreement, ID card and household registration book on the day of tax payment, and go through the formalities of deed tax exemption. However, if the purchase price exceeds the demolition price, the deed tax of the difference will be paid;

If you buy a house first without a demolition agreement, you can bring the deed tax certificate and ID card account book to the local local tax department for tax refund when you get the demolition agreement.

After the purchased public houses are sold, will the deed tax be paid for the purchase of commercial houses within one year?

It's free. This policy can be enjoyed within one year before and after the sale (couples can also enjoy it).

What is the role of brokerage companies in housing sales?

Answer: It mainly serves three purposes: ① Information channel ② Intermediary mediator ③ Why do you need a brokerage company to play the role of intermediary mediator?

Answer: The completion of house sale is a trading time, not a trading time. Buyers and sellers will have differences on the time of property right transfer and payment delivery. According to the prior agreement of the three parties, the transfer of property rights and the delivery of payment need to be carried out under the witness of the intermediary, and at the same time it plays the role of voucher and formalities guarantee. There is an intermediary to transfer the ownership and pay the money according to the prior agreement of the three parties. What is the nature of housing property rights? What is the biggest difference between the two?

A: The nature of property rights is mainly divided into private bungalows, purchased public houses, affordable housing and commercial housing. The main difference is the source of land. The land of purchased public houses and affordable housing is allocated by the state free of charge, and the land of commercial housing is paid by the state to developers. Therefore, in the re-transaction, the purchased public housing and affordable housing need to pay the land transfer fee, while the commercial housing does not need to pay the land transfer fee in the re-transaction. How to calculate the pool area of purchased public houses?

A: The calculation basis of the shared area of housing reform is the surveying and mapping policy stipulated by the state, and the general shared coefficient is not more than 1.333. How to measure the pool area of commercial housing?

Answer: The pool area of commercial housing is calculated by the developer according to the pool area and the actual construction area (refer to national standards). How to list the real estate with "cost price" or "preferential price" on the real estate license?

Answer: The purchased public houses marked with "cost price" on the property right certificate can be directly listed and traded. The purchased public houses marked with "preferential price" on the real estate license need to pay the house price (1560 yuan/m2× 6%× construction area) at 6% of the cost price of the housing reform in the current year before they can be listed and sold according to the relevant policies of the purchased public houses. (Cost of housing reform in 2004 1.56 yuan /m2) How can affordable housing be put on the market again?

A: Families who have purchased affordable housing have lived for less than five years and may not sell their housing at the market price. It can be sold to families that meet the purchase conditions of affordable housing, or through relevant government departments, and the unit price for sale shall not be higher than the unit price at the time of purchase. Families who have purchased affordable housing for five years can sell it at the market price. The comprehensive land price shall be paid by the seller to the local County Bureau of Land and Housing Management according to 10% of the turnover. Do you need to pay land transfer fees for private transactions?

Answer: Private houses don't have to pay land transfer fees when trading.

Does the listing and sale of public houses need the consent of the original property unit?

A: There are two kinds of property rights of public houses in Beijing: one is that public houses purchased in Beijing are municipal-level property rights houses, which can be listed and sold without the consent of the original property rights unit according to the Implementation Measures for the Sale of Public Houses Purchased in Beijing implemented by 1 in March 2003; The other is the "central delivery room", which is the public house of the central enterprises and institutions in Beijing. According to the Administrative Measures for the Purchase of Public Housing by Central Units in Beijing, which came into effect on June 10, 2003, it is required that the original property unit establish a complete housing file and confirm that the housing does not exceed the standard before it can be listed for sale. The real estate license has not been completed yet. Can the owner sell the house?

A: No, because the house is not qualified for listing and trading. If there is no real estate license, neither the Housing Authority nor the notary office will accept the transaction procedures. However, the owners who intend to sell can register with Chain Home in advance, join the chain home's business of "renting and selling at the same time", rent it first to obtain income, and sell it at any time after the property right certificate is completed, and then go through the relevant transfer procedures. What are the conditions for the purchase of affordable housing?

A: The following two conditions are met: First, the annual household income is below 60,000 yuan; Second, the application for property buyers must be non-housing families or non-standard families whose current housing area does not meet the housing subsidy area standard stipulated by this Municipality. What's the difference between selling a "central delivery room" and selling a Beijing delivery room?

A: ① The listing of the central delivery room needs to go through the listing approval procedures at the "Central Delivery Room Trading Office" located in Blue Island; (2) The listing of central house delivery needs to exceed the standard; (3) The entrusted intermediary transaction of central house delivery must be handled by three designated intermediaries such as Chain Home; (4) the owner must provide the property heating settlement certificate of the house sold. Do you have to pay the land transfer fee for the sale of affordable housing and purchased public houses? According to what standard? Who will pay the bill?

A: Both should be handed in. Affordable housing is allowed to be sold at the market price after living for five years, and the comprehensive land price is paid at 10% of the transaction price, which shall be paid by the seller to the county land and housing management bureau where the house is located; The standard for paying the land transfer fee for the sale of purchased public houses is: the housing reform cost in the current year × 1% × construction area (the housing reform cost in 2004 was 1560 yuan /m2), which was paid by the purchaser; If the purchased public houses and affordable housing have been traded once and the land transfer fee has been paid, there is no need to pay the land transfer fee again. Can foreigners and Hong Kong, Macao and Taiwan people buy second-hand houses? What's the difference between the purchase procedures? Can I apply for a loan? Can I pay in foreign currency?

Answer: You can only buy second-hand commercial housing, not public houses and affordable housing, because public houses and affordable housing are welfare. Hong Kong and Macao people can apply for a loan through a chain home, just like the mainland. Foreigners and people from Taiwan Province Province must first apply for the approval form for foreigners to purchase houses in Beijing in the office building of Henderson Building, Jianguomen Neijie Street. Foreigners and people from Taiwan Province Province can't apply for loans through the chain for the time being, but they can apply to HSBC and Citigroup personally. The house payment cannot be paid in foreign currency. The buyer brings a copy of the sales contract and real estate license of the pre-purchased house, and the remittance slip of the house money remitted from abroad is converted into RMB at the foreign exchange bureau. What are the advantages of second-hand housing compared with newly developed commercial housing?

A: Relatively speaking, second-hand houses have the following three advantages: ① Location advantage, second-hand houses are generally developed earlier, in a better location, and the surrounding transportation, commerce and education facilities are relatively mature; 2 advantages of existing houses, second-hand houses are existing houses, and the advantages and disadvantages are clear at a glance; (3) Price advantage: The price of second-hand houses in the same lot is generally lower than that of newly-built commercial houses 10%-30%, and the property fee is low. At the same time, the construction area of most public houses is converted according to the usable area of * 1.333, and the housing acquisition rate reaches 75%, which is much higher than that of most newly-built commercial houses. What is a limited time sale?

A: The owner exclusively entrusts the chain home to sell the house, and the chain home pays a certain deposit in advance. During the entrustment period, the chain home made free publicity and promotion through newspaper advertisements, chain home network, exhibitions, chain stores all over the city, company promotional materials and other channels to achieve the purpose of rapid sales. After the entrustment expires, if the house is not sold, the deposit paid by the chain owner will not be refunded. What is transparent trading?

Answer: It means that buyers and sellers meet in the course of trading, so that both parties have an open, fair, reasonable, transparent and standardized operating environment. What is "both renting and selling"?

A: It's a product made by Chain Home for owners who have vacant houses but can't decide whether to rent or sell them. If the owner joins the chain home rental business, he can get the house rent for one year first, during which the owner can decide whether to sell the house at any time. If it is sold, one month later, Chain Home will pay the house price to the owner according to the terms of the contract, and the total house price will be deducted from the unexpired rent during the lease period according to the price agreed by both parties. The liquidated damages of the leased customer shall be borne by "Chain Home". What is the second-hand housing transaction fund custody business?

A: The second-hand housing transaction fund custody business is a new model of second-hand housing transaction jointly launched by China Construction Bank and Chain Home, which solves the concern that "the buyer is afraid to pay first and the seller is unwilling to transfer the ownership first" in the original second-hand housing transaction. From the transaction process of the new model, CCB provides "intermediary guarantee" for buyers and sellers, and Chain Home provides pre-transaction matching and post-transaction property transfer of second-hand houses, which makes the previous process more transparent and gives the buyers and sellers of second-hand houses the greatest benefits. What are the new business tax regulations?

Answer: If an individual purchases a house for less than 5 years, business tax will be levied at the time of sale according to the total transaction price; Individuals who have purchased houses for more than 5 years and meet the ordinary housing standards shall be exempted from business tax when selling; If it does not meet the standard of ordinary residence, the business tax shall be levied according to the difference between the bid and the sale. The business tax rate is 5.5%. After the introduction of business tax, the concept of ordinary residence was further clarified, so what is ordinary residence? What's the difference between it and the original ordinary house?

A: An ordinary house meets the following three conditions at the same time: the plot ratio of residential buildings is above 1.0 (inclusive); The single building area is below 140 (inclusive) square meters; The actual transaction price is lower than the average transaction price of housing on the same level of land (different levels of land in different regions of Beijing have different land prices) 1.2 times or less.

The original ordinary house refers to the house with the transaction price below 9432 yuan/square meter. Can I apply for a mortgage when buying a second-hand house? How much mortgage can I apply for?

A: It can be mortgaged. Houses within five years can be mortgaged up to 80%. Can the transfer of property rights be expedited?

A: No, at present, it is urgent to cancel the transfer in the eight districts of the city. Who needs to sign and seal the replacement sales contract for confirmation?

Answer: What matters should be paid attention to when signing the contract when the warrant supervisor and relevant personnel handle the second-hand housing mortgage?

Answer: The seller must cooperate with the advance payment and transfer procedures; If the seller needs to be notarized in advance, the seller must cooperate unconditionally; If the buyer and the seller do not go through the formalities in person and have a notarial certificate, the notarial certificate cannot be notarized without sub-entrustment. If not, a supplementary agreement should be signed with the company to avoid the company's risks. What can I do if I sell a house with a property right certificate but the loan has not been paid off?

A: There are three ways: a, the owner can apply to the bank for prepayment; B. If the buyer pays in one lump sum, he can use the "chain home" operation to pay off the bank loan with the house payment paid by the buyer; C If the buyers still need mortgage loans, they can entrust the chain home to handle the re-mortgage business. (All the above three methods need to apply to the original mortgage bank for early repayment.) What if the buyer and the seller can't attend the transfer in person?

A: There should be a notarial certificate issued by a nationally recognized notary office, with the original and copy of the client's ID card attached. Special circumstances can be handled by the "chain home" to assist relevant departments. What should I pay attention to when buying and selling money?

Answer: ① There are four ways to collect money: cash, passbook, check and remittance;

② Cash can be delivered when the house payment is less than 50,000 yuan;

③ It is suggested that customers use bank passbook, deposit slip and bank card for payment. When paying, the company's financial staff will take the customer to the bank to transfer money. When paying the fee, the customer should bring the original ID card of the passbook holder and the original ID card of the agent.

(4) If the customer pays the house payment by cheque, the finance department will only issue a general receipt before the cheque is credited to the company account. After the payment is credited to the company's account, the customer can exchange the receipt with the company for a formal house payment receipt;

⑤ If the customer remits money to the account designated by the company, the customer shall keep the remittance receipt and exchange it with the company. What are the rules for invoicing business?

A: The customer will invoice the finance department of the head office; When issuing invoices, you must bring a receipt for the house payment; The invoice amount shall not be higher than the agency fee amount; There is no invoice for the house payment traded by the replacement department, and the deed tax/stamp duty finally reaches the customer. What documents do I need to bring to take out the house payment? If it's inconvenient for me, can I entrust someone else to collect the house payment?

Answer: I need to bring my original ID card to the "Chain Home" Finance Department to collect the house payment. Buying a house is the full payment method. If the owner entrusts others to collect money, it is necessary to carry the owner's power of attorney (the power of attorney is accompanied by a copy of the ID cards of the client and the principal); Original ID cards of the client and the client. Buying a house is a loan method, and the owner can only show up with the original ID card that has not expired, or produce a formal notarial certificate. How to tell whether it is a central production unit from the name of the unit?

A: Judging from the name of the unit in the purchase and sale contract of purchased public houses, those with the prefix of "China" or "Beijing" (excluding "city") are mostly delivered by the central government. The details can be confirmed with the Blue Island Trading Hall. The real estate bureau with the prefix "Beijing" (excluding "city") requires proof of non-central production. How to see whether the real estate is in Beijing Real Estate Bureau from the real estate certificate?

Answer: The first line of Article 1 of the Property Ownership Certificate is marked with the word "city ×××××", beginning with the word "city". What is a real estate gift? Do you need to go through any formalities?

A: The transfer of property rights without amount is called gift. For the gift of real estate, a notary fee of 2% of the appraised price, a deed tax of 3% of the appraised price and an appraisal fee of 5‰ of the appraised price are required. Customers have paid enough money to buy a house and go to the notary office for notarization. Can you assume that the property has been legally owned by him?

Answer: It is legally permissible for buyers and sellers of real estate to notarize transactions, but it cannot be said that notarized real estate can legally replace the house ownership certificate without the registration of house ownership. Article 59 of the People's Republic of China (PRC) Urban Real Estate Management Law stipulates that the state implements the system of registration and certification of house ownership; Article 17 of the Measures for the Administration of Urban House Ownership Registration stipulates that if the house ownership is transferred due to the sale or transfer of the house, the parties concerned shall apply for transfer registration within 30 days from the date of the fact. Therefore, notarized real estate transactions only prove the authenticity and legality of the transactions in accordance with the law to protect the rights and interests of the parties, and cannot replace the registration of real estate ownership stipulated by laws and regulations. Therefore, a notarized real estate transaction can only be protected by law if a real estate ownership certificate is issued. A customer wants to buy a house and write the title certificate in his son's name. Can you do it? What supporting materials are needed?

A: Yes. If your child is under the age of 18, you need to submit the relationship certificate between the ward and the guardian, the valid certificate of the guardian and the notarial certificate of the legal guardian. 18 years old can apply directly. What kind of preferential policies can customers who have a demolition agreement get if they buy a house again?

A: If the demolition subsidy is higher than the purchase price, the deed tax can be exempted. If it is lower than the purchase price, the deed tax shall be paid according to the difference. (In practice, except Chaoyang District, you should first pay 1.5% of the transaction price to the local real estate bureau, and then go to the local local tax bureau for tax refund with the corresponding bills. Chaoyang district first goes to the local taxation bureau to apply for the tax exemption certificate, and then goes to the real estate bureau for transfer. ) How many ways are there to apply for personal housing mortgage loan? Can individual housing loans be pledged?

A: It can be divided into two types. One is real estate mortgage; The other is pledge. Pledges can provide bank certificates of deposit, passbooks, bills of exchange, bonds, etc. Should the customer compensate for the termination of the contract due to demolition or other force majeure?

A: If the contract is terminated due to force majeure such as demolition, there is no need to pay compensation according to the contract.

Who will keep the house title certificate after mortgage registration?

Answer: After mortgage registration, the property right certificate belongs to the property owner for personal preservation. If the owner can't handle the sale formalities in person, how should he entrust others to handle it?

Answer: A Both the trustee and the property owner and his wife handle the entrustment notarization. Both the property owner and his wife need to provide the original ID card, household registration book, property right certificate and marriage certificate, and the original purchase agreement if they are public houses; B. If the owner of the property dies and one of the first-in-line heirs (parents, spouses and children) wants to sell, other notaries are required to give up inheritance. Notarization requires the presence of all the first heirs, as well as the death certificate of the property owner and the original property right certificate. C singles directly handle entrusted notarization in the sale of second-hand houses. Under what circumstances can the deed tax be exempted?

A: You can waive payment under the following circumstances:

A the buyer has a demolition agreement provided by the municipal government, and the purchase price is lower than the demolition price. More than the demolition payment, the excess shall be paid in accordance with the provisions of the state;

B The buyer has sold the reconstructed house before buying the house (within one year), and the price of the house sold is lower than that of the house purchased, so it can be exempted from tax. If the house price is oversold, the excess shall be paid according to the provisions of the state. How to change the name of the ownership certificate when the owner dies?

Answer: You need to carry the owner's will, the death certificate of the owner of the house sold, the legal heir's waiver of inheritance certificate, the original house purchase agreement and the property right certificate to go through the renaming formalities. For details, please refer to the regulations of each district housing authority. If there is no will before the property right is born, the legal first heir shall go to the notary office for notarization of inheritance at the same time, and then go to the Housing Authority for relevant procedures. There is no need to pay deed tax for renaming the real estate license, and only 5 yuan needs to pay stamp duty. If the owner of the house has died, but his (her) relatives want to sell the house, is it ok? How to deal with it specifically?

A: Yes. All the legal first heirs of the property owner have the right to make a decision to sell the property, provided that all the legal first heirs agree to sell and go through the formalities of renaming (notarization is required). If the customer's house is for sale, but the specific time of sale is uncertain, but the customer wants to rent it during this time, what kind of business can he run? What are the specific provisions of this business?

A: The business of "renting and selling at the same time" is specifically aimed at owners who have vacant rooms but are not sure whether to rent or sell them.