Can the house sales contract be notarized by the notary office?

Notarization contracts are generally carried out in notary offices. The notarization of the second-hand housing sales contract must first submit the materials, and then the notary will review them and inform the parties to fill out the Application Form for the Notarization of the Housing Sales Contract. After accepting the application, the notary will first focus on examining the sales contract between the parties. The buyer and the seller apply to the notary office for notarization. The seller needs to submit the following materials: ID card, passport, military officer's card, household registration book, real estate license, land certificate, marriage certificate, etc. Buyers need to provide ID cards, passports, military officers' cards, household registration books, etc. If one party cannot be present in person to entrust others to handle it, it must also submit a notarized power of attorney; If the transaction property is owned by more than one person, the seller should be all * * * people (and their spouses) and need to be present. According to the certification materials submitted by the parties, the notary conducts the following examination: 1, whether the identity documents provided by the applicant are consistent with myself; 2. Whether the applicant has full capacity, and there is no situation of limited capacity or incapacity; 3. Whether the applicant's intention of buying and selling houses and notarization is true and voluntary; 4. Whether the consequences of the applicant's own understanding of the upcoming transaction and notarization are consistent with the actual consequences of his actions; 5. The buyer and the seller have no objection to the main terms of the transaction (such as transaction object, transaction amount, payment method, etc.). ), or at least they have basically reached an agreement; 6. The ownership of the transaction is clear, and there is no restriction or prohibition of the transaction; 7. If there are multiple owners of the transaction property, all owners reach an agreement with the buyer. 8. The application of the parties conforms to the provisions of notarization jurisdiction. After completing the above eight preliminary examinations, the notary thinks that there is no problem and meets the conditions of notarization acceptance, and informs the parties to fill in the Application Form for Notarization of House Sales Contract and pay the notarization fee according to the regulations. Notaries perform the obligation of informing, and inform the parties that the materials and all statements submitted must be true. If the notary discovers false materials through investigation, the parties concerned shall bear corresponding legal responsibilities and even criminal responsibilities, and the notarial fees paid will not be refunded. If the parties accept it, the notary office formally accepts the notarization application of the buyer and the seller and starts the notarization procedure. After accepting the application, the notary first focuses on examining the sales contract between the parties. For the location, construction area, building age, ownership status, transaction amount, payment method and time, delivery situation, etc. of the transaction property, it is necessary to ask both parties one by one whether they are clear and have no objection. If you disagree with any of them, the notarization procedure shall be suspended and resumed after the parties reach an agreement through consultation. In addition, the notary should also examine whether the sales contract clearly stipulates the ancillary facilities of the house, minor defects, water, electricity, gas, television, telephone, broadband, household appliances, furniture, property, household registration, tax burden, area error agreement, risk transfer and other relatively minor but easily controversial matters. If the agreement is not clear, the notary shall remind the buyer and the seller and indicate it in the notarized conversation record. The content of the house sales contract is complicated, not only the house sales, but also involves many collateral obligations and many legal provisions, which may be difficult for the general parties to understand. Now the real estate management department provides a standard contract, leaving little room for the parties to conclude, which is not standardized in practice and cannot meet the needs of different parties. The ever-changing trading situation only uses the same kind, and many parties will sign two kinds of contracts when conducting second-hand housing transactions: one is for the real estate department and the other is for themselves. In this regard, we require that the parties applying for notarization of second-hand houses can only sign the same contract, and only the contract notarized by the notary office shall prevail. According to the application of the parties, the notary can improve or redraft the house sales contract for the parties. According to the actual situation of the buyer and the seller and the sales contract, and in accordance with the requirements of the Rules of Notarization Procedure, the notary talked with the buyer and the seller respectively, and made a transcript of the conversation. The notary investigates all relevant aspects of the transaction. For example: 1, check whether the identity of the seller is the real owner; 2. The marital status of the seller. If the seller is married, his spouse must be present and give written consent to the seller to sell the above property; 3, whether all * * * people and their spouses have been present and agreed to sell; 4. Whether the real estate license and land certificate submitted by the seller are true or not, and if necessary, go to the real estate department to check the files or see the house on the spot; 5. How is the land use right of the house obtained, and is it forbidden to buy or sell? 6. If the land use right is obtained by allocation, the land transfer fee shall be paid, and whether the land transfer fee is clearly agreed; 7. Whether the property is mortgaged, and if it is mortgaged, whether the consent of the mortgagee has been obtained; 8. Whether it is leased, and if it has been leased, whether the lessee gives up the preemptive right; 9. Is there any risk of imminent demolition of the property? If so, does the buyer know? 10, whether the payment method and property right transfer method agreed by both parties have considerable risks for one party but one party has not found them; 1 1, whether the agreement of the parties on the terms of the contract violates the existing laws and regulations, etc. When a notary inquires about the registration files in the registration authority, he shall make a record of the file inquiry on the spot and make a record of the on-site inspection of the house. He may also use some auxiliary means such as taking photos and videos according to actual needs. Notary issues notarial certificate of house sales contract. The notarial certificate must meet the following requirements: after investigation and verification of all aspects of the transaction, it is determined that the materials provided by the buyer and the seller and the transaction intention are true; At least the main terms of the sales contract are clear and specific; The parties still insist on accepting the terms that may be unfavorable to one party after being prompted by the notary. After the notary issues the notarial certificate, it reminds both parties to go through the formalities of ownership change in the real estate department with the notarial certificate within 30 days after the contract takes effect. The time of transfer of housing rights is the time when the real estate department approves the change registration, not the time when the house is actually delivered. If the parties need it, the notary office can provide extended services. After accepting the entrustment of the buyer and the seller: 1, assign a special person to apply for transfer to the real estate registration authority, handle all the formalities of property right change, collect the warrants on behalf of the buyer, and hand over the two certificates to the buyer in the agreed way; 2. Providing financial supervision services. For buyers and sellers of second-hand housing transactions, apart from transfer, the most important link is payment. The seller's core interest is to receive all the house payment smoothly and safely, and the buyer is also concerned about whether the paid house payment can not be occupied by others. The recent frequent cases in which the intermediary maliciously occupies the customer's house payment or deposit reveal the great risk of this link. The notary office provides full supervision of funds, and can pay agency fees and other miscellaneous fees in a planned way according to the agreement of both parties, while the house payment can be deposited and notarized, so that the seller can unilaterally collect the house payment at the notary office after all the transfer procedures are completed by virtue of the agreed conditions. If the notary office provides the service of collecting two certificates and supervising the house payment at the same time, the second-hand housing transaction can reach the absolute security state of "paying with one hand and delivering with one hand" that can only be achieved by traditional movable property transactions. When the notary office handles the transfer formalities, the buyer and the seller shall provide a written power of attorney, which may include the authorization to handle the formalities for registration and change of ownership, pay relevant taxes and fees, and handle the property right certificate and land certificate when necessary. If it is necessary to supervise the purchase price, the relevant formalities shall be handled in accordance with the Detailed Rules for Notarization of Deposits of the Ministry of Justice. How to smoothly obtain second-hand housing mortgage loan consumer credit "eight steps" Second-hand housing refers to the self-use housing that the owner has purchased and wants to sell in the real estate market, including second-hand commercial housing, second-hand public housing that allows listing and trading, and affordable housing. Everyone should be cautious about buying and selling second-hand houses. It is inevitable that there will be a little mistake in the general sales contract, which will eventually lead to some disputes between the buyer and the seller. Therefore, it is also a safer way to notarize the sales contract in the notary office, which can better protect the rights and interests of buyers and sellers.

Legal objectivity:

Article 28 of the Notary Law of People's Republic of China (PRC) * * * When handling notarization, the notary office shall examine the following matters respectively according to the rules for handling different notarization matters: (1) the identity of the parties, the qualifications for applying for notarization and the corresponding rights; (two) whether the contents of the documents provided are complete, whether the meaning is clear, and whether the signature and seal are complete; (3) Whether the certification materials provided are true, lawful and sufficient; (4) Whether the matters applied for notarization are true and lawful.