What are the procedures for Taiwan Province people to buy a house in the mainland?

Sign the house sales contract → pay the house price → hand over the house → register the house ownership.

The following registration procedures are for reference. The specific procedures and rates are subject to the policy of the location of the house.

First, the sale of housing, gift, exchange, inheritance and other facts, should handle the transfer of housing ownership registration. To apply for housing ownership registration, the following materials shall be submitted: (1) an 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.

Extended data

Form of contract:

The subject matter of the house sales contract is relatively large and important, and the law stipulates that it should be concluded in writing. Article 40 of the Urban Real Estate Management Law stipulates that "a written transfer contract shall be signed for the transfer of real estate". Article 28 of the Regulations on the Development and Management of Urban Real Estate stipulates: "In the sale of commercial housing, both parties shall sign a written contract. ..... "The above provisions are the legal basis for determining that the house sales contract should be in written form. According to the provisions of laws and relevant judicial interpretations, the written forms of housing sales contracts should include the following:

(1) Formal house sales contract

Formal housing sales contract is the basic type of written housing sales contract, which generally includes the basic terms of housing sales contract such as housing location, structure, construction area, price and its payment term, delivery term, quality standard, property right transfer registration, etc. Although laws and regulations do not stipulate that buyers and sellers must adopt a unified text of the house sales contract, when handling the registration of property rights transfer, the house property registration authority often requires the use of the standardized contract text formulated by the competent construction department, otherwise it will not be registered.

However, it does not affect the establishment and effectiveness of written housing sales contracts, because there is no unified contract text. In practice, when buying and selling commercial housing, it is required to use the format text uniformly produced by the competent construction department. However, before signing the formal contract text, the developer usually provides the subscription book, appointment agreement and other appointment contract texts for the buyers to sign, some of which have the nature of this contract and are equivalent to the house sales contract. There is no uniform requirement for the format of the second-hand housing sales contract. Generally, buyers and sellers will draft a house sales contract based on consensus, which will take effect after being signed and sealed by both parties and will be performed accordingly. The standard contract filled in by the property right registration authority will only serve as the registration document.

(2) Employment contracts with specific conditions.

Article 5 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts (hereinafter referred to as the Judicial Interpretation of Commercial Housing Sales) stipulates: "The agreement on the subscription, ordering and reservation of commercial housing has the main contents of the commercial housing sales contract stipulated in Article 16. If the seller accepts the purchase price according to the agreement, the agreement shall be deemed as a commercial housing sales contract." According to the view of the First People's Court of the Supreme Court, the agreement on the subscription, ordering and booking of commercial housing is an appointment contract signed before the developer obtains the approval procedures for project establishment, planning and construction application and obtains the commercial housing sales license (in fact, the signing of the appointment contract is not limited to this period). In order to ensure the transaction safety, protect the owner's rights and interests, and promote the signing of the contract, it is stipulated that an appointment contract with the actual performance conditions of the contract is regarded as this contract. The author believes that this provision of judicial interpretation, although well-intentioned, has a general effect and is easy to mislead.

First of all, there are as many as 13 items in the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales, while reservation contracts such as subscription books are standard contracts drawn up by developers, with few items of 13, so it is rare for buyers to protect their rights and interests according to this Article. Secondly, the basis for determining the nature of the contract is the content of the contract, not the name of the contract. If an appointment contract has the main contents of a commercial housing sales contract, it shall be recognized as a commercial housing sales contract and no longer has the nature of an appointment. Third, "the seller has accepted the payment as agreed" means that the sales contract has actually been fulfilled.

Even if the appointment contract does not fully conform to the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales, as long as the subject matter is clear and the price is determined, according to the relevant provisions of the Contract Law, it can be completely concluded that the housing sales contract between the two parties is established. If the machinery applies the provisions of the judicial interpretation, it will be concluded that the house sales contract should be established according to the Contract Law, but it cannot be established according to the judicial interpretation.

(3) Other written forms of the house sales contract.

Article 1 1 of the Contract Law stipulates: "Written form refers to forms that can tangibly express the content, such as contracts, letters, data messages (including telegrams, telex, faxes, electronic data exchange and emails)." According to the third paragraph of Article 3 of the Electronic Signature Law, "electronic signatures and data messages" are not applicable to documents "involving the transfer of real estate rights such as land and houses". Undoubtedly, the housing sales contract in the form of "data message" is excluded. Letters and other materials that record the intention of buying and selling houses in a tangible way between the two parties shall be recognized as other written contracts for buying and selling houses. In some cases, without a written contract, it is impossible to recognize the existence of an oral contract. The buyer claims that the house sales contract is established by the receipt or invoice of the house purchase price held by him.

At this time, the receipt or invoice of the purchase price held by the buyer is not only a written contract form, but also evidence of the actual performance of the contract. If the location of the house specified in the receipt or invoice is specific and the house price is clear, it is deemed that the purchase contract between the two parties is established. The author believes that the existing written evidence must be able to prove three facts when other written forms of housing sales contracts are established: the expression of the meaning of housing sales, the specific location and price of housing.

Baidu Encyclopedia: House Sales Contract