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Where do the formalities and certificates need to be handled when the house is renamed?
If it is a second-hand house, you must go through the formalities of property right transfer first. If you buy a new house, you must first apply for a real estate license and a land use certificate.
Detailed description of property transfer:
First of all, we must sign a house sale contract or a house purchase contract.
According to the People's Republic of China (PRC) Urban Real Estate Management Law and the Regulations of the Ministry of Construction on the Management of Urban Real Estate Transfer and other laws and regulations, the parties involved in the transfer of real estate within the state-owned land in the urban planning area must sign a written transfer contract.
The main contents of the contract shall include: the names and residences of both parties, the names and numbers of the real estate ownership certificates, the location, area and scope of the real estate, the plot number (the number of each land use right certificate approved by the Land Planning Bureau), the way and time limit for obtaining the land use right, the use or nature of the real estate, the transaction price and payment method, the delivery time of the real estate, the liability for breach of contract and other matters agreed by both parties.
Secondly, it is necessary to go through the formalities of house transfer.
The procedures for handling the property transfer formalities are as follows:
1. Both parties shall, within 30 days after the signing of the house sales contract, apply to the real estate management department with the relevant documents such as the real estate ownership certificate, the legal certificate of the parties and the transfer contract, and declare the transaction price;
2. The real estate management department shall review the relevant documents provided and make a written reply on whether to accept the application within 15 days;
3. The real estate management department shall verify the declared transaction price, and conduct on-the-spot investigation and evaluation on the transferred house as required;
4. The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;
5. The real estate management department issues the transfer order.
After handling the above procedures, both parties shall obtain the certificate of real estate ownership according to the transfer procedures and the provisions of People's Republic of China (PRC) Real Estate Management Law.
(1) Property Ownership Certificate; ② Sales contract (original); (3) Original and photocopy of ID cards of both parties; (4) Application for registration of house ownership (received at the acceptance window).
Matters needing attention in property transfer:
1. If a company purchases a private house, it must also provide the original and photocopy of the qualification certificate (business license or organization code certificate) of a legal person or other organization, the power of attorney of the legal representative of the company (collected at the acceptance window), and the original and photocopy of the trustee's ID card;
2. If the house is not transferred, the land use right certificate shall be submitted;
3. If the party concerned cannot handle it in person, it shall issue a power of attorney or a notarial certificate, and the client shall issue the original and photocopy of the ID card;
4. If the house has been rented and the lessee is not the lessee, submit the certificate that the lessee waives the preemptive right;
5. If there is a * * * owner, a certificate that the * * * owner agrees to sell and a certificate of ownership of * * * are required;
6. If the judgment is made by a court, a notice of court judgment and assistance in execution shall be issued.
Go through the transfer formalities at the trading center, and bring the original and photocopy of the real estate license and the original and photocopy of the ID card.
To handle the transfer formalities, both the original owner and his wife need to be present: those who bring their ID card, household registration book, real estate license, deed certificate and marriage certificate (single person needs single certificate) can apply for the registration of house ownership transfer as long as they bring their ID card and submit the following materials:
(1) Application for registration;
(2) the identity certificate of the applicant;
(three) all of the housing or real estate ownership certificate;
(four) materials to prove the transfer of ownership of the house;
(5) Other necessary materials.
The materials mentioned in Item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequests, inheritance certificates, division agreements, merger agreements, legal documents that come into effect by the people's courts or arbitration committees, or other materials that prove the transfer of house ownership.
Second, the second-hand housing transfer process
The first step is for the buyer to investigate the property rights of the house. When examining the integrity, authenticity and reliability of property rights, we should pay attention to whether the owner's name on the property certificate is consistent with that of the seller, whether there is mortgage or not, and whether there is anyone.
The second step is to sign a second-hand house sales contract.
The third step is to find an evaluation company to make an evaluation. This process usually takes 5~7 working days.
The fourth step, the loan house should handle the relevant mortgage business. If it is a combination of provident fund loans and commercial loans, you must apply to the provident fund center and the bank at the same time. This is the most time-consuming stage in the whole second-hand housing transaction process, which usually takes about 40 working days.
Fifth, after handling the mortgage, we should pay attention to the cancellation of other property warrants.
Step 6, hand over the contract to the relevant service window of the property rights trading center of the housing management department and receive the acceptance form.
The seventh step is to pay the relevant taxes and fees to the agricultural tax center with the acceptance form and get the deed tax payment certificate.
Step 8: Go to the land management department to apply for the land certificate with the tax payment contract certificate.
Step 9, go to the housing management department to apply for the real estate license with the tax contract certificate.
If the house is paid in full, the third and fourth procedures can be omitted. After these steps, the three certificates of real estate have been completed. The whole process takes about one and a half months to two months.
Third, the real estate license transfer process
After the transfer of the real estate license, the property in the legal sense belongs to the buyers. What are the specific procedures for the transfer of the real estate license? The following specifically introduces the materials and specific processes that should be submitted for the transfer of private houses for real estate licenses.
① Copies of ID cards of both parties (original verification);
(2) If the transferor entrusts others to handle it, it is required to submit the original power of attorney notarized by the notary department, a copy of the client's ID card and a copy of the trustee's ID card (original inspection);
(3) If the housing reform house is listed for transfer, a copy of the household registration book (original inspection) shall be provided, which shall be handled by the spouse and adults living together. If it cannot be handled at the scene, the original notarized document agreeing to the listing transfer shall be issued;
(4) If the real estate license is marked as owned by * * *, it must be handled by the owner of * * *. If you can't be present, you must produce the original power of attorney notarized by the notary department, a copy of the client's ID card and a copy of the trustee's ID card (original inspection);
(5) If the transferee is a company, it is required to provide a copy of the legal person qualification certificate (legal person code certificate or business license) (original inspection), the original power of attorney, the copy of the client's ID card and the copy of the agent's ID card (original inspection);
6. If the transferee is entrusted by an individual, it is required to provide the original power of attorney, a copy of the client's ID card and a copy of the trustee's ID card (original inspection);
⑦ The transferor shall submit the original house ownership certificate and a copy of the land use right certificate (original inspection);
(8) Property right registration application form and real estate transfer contract;
Pet-name ruby other necessary materials.
Time limit for real estate license processing: 7 working days (excluding acceptance date)
If you apply for a place, if you have a real estate license, you should bring a real estate license and a land use certificate, and change your ID card. If you want to go to the local housing authority (some places are called the Urban and Rural Planning Bureau) to change the household registration book, you may need to provide a written explanation of the name change, some are inheritance, and some are transactions.
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