How to transfer the second-hand house? What department do you want? What information do you need to provide? In addition, one of the seller's husband and wife died of illness. Are there any other mate

How to transfer the second-hand house? What department do you want? What information do you need to provide? In addition, one of the seller's husband and wife died of illness. Are there any other materials? /link? URL = vuderzkcnboyr 0 ctqhqy 9 PPA 396 nczarle 6 1 Pb 2 eqlfyly 7 qaapgyb 4 he-pcsacfp 0 gcsliklby 9 ejvubnisgglpbe 7y 6 vudmtlf 6 lwhptvdewqx 937 f _ kwgqq 1 ihewmuesy 7 kkjxge 1 opvggalk

Second-hand housing transactions refer to those that have been registered in the real estate trading center, completed the initial registration and general registration, and listed again. Second-hand housing is relative to the commercial housing in the hands of developers, and it is commonly known as the secondary market of real estate property rights transactions, including commercial housing, second-hand public housing (housing reform housing) that allows listing transactions, poor housing, demolition housing, self-built housing, affordable housing, price-limited housing and so on.

Tax calculation

buyer

1, deed tax: transaction price or evaluation price (whichever is higher) × 1.5% (commercial housing, second-time house purchase or houses larger than 144 square meters, the tax rate is 3%).

2. Transaction service fee: construction area (m2) ×3 yuan.

3. Transaction stamp duty: transaction price or evaluation price (higher) ×0. 05%

4. Registration fee for property right transfer: 50 yuan (RMB 65,438+00 for each additional 65,438+0 persons, and the Buyer 80 yuan).

seller

1. Transaction service fee: construction area (m2) ×3 yuan.

2. Transaction stamp duty: transaction price or evaluation price (higher) ×0. 05%

3. Land transfer fee: transaction price or appraisal price (higher) × 1%

4. Housing for needy people: transaction price or appraisal price (higher) × 1%

5. Commercial house: the land transfer fee is based on the benchmark land price × 3% × unpaid construction area.

6. Cost allocation: transaction price/total area × allocated area ×20%( 10/0% (below10 floor); transaction price/total area × allocated area × 20% (above10 floor).

7. Individual income tax: transaction price or evaluation price (whichever is higher) × 1% (the restructured house has lived for five years and is the only room).

8. Business tax and additional tax: transaction price or evaluation price (higher) ×5.5% (the real estate license or deed tax payment certificate at the time of purchase is less than five years).

Matters needing attention

(1) Is the house complete?

The real estate license is the only proof that the owner owns the house. There is a great risk for the buyer not to get the house if he conducts the house transaction without the real estate license. The owner can mortgage or resell the real estate license, even if it is not obtained in the future, the owner can mortgage and resell it. Therefore, it is best to choose a house with real estate license for trading.

(2) Whether the property right of the house is clear.

Some houses have multiple owners, such as heirs, families and couples. To this end, the buyer should sign a house sales contract with all owners. If only some * * * people dispose of the property owned by * * without authorization, the sales contract signed by the buyer with other * * * people is generally invalid.

(3) Whether the transaction house is being rented.

Some second-hand houses have a material burden when they are transferred, that is, they are also rented by others. If buyers only look at the property ownership certificate and pay attention to the transfer procedures, but not whether there is a lease, then it is very likely that buyers will get a property that cannot be moved in or used in time. Because China, including most countries, recognizes that "buying and selling does not break the lease", that is to say, the housing sales contract cannot compete with the previously established lease contract. This point is ignored by many buyers and intermediary companies in practice, and is also used by many sellers, which leads to more disputes.

(4) Is the land situation clear?

Second-hand housing buyers should pay attention to the nature of land use, whether it is allocation or transfer. The allocated land is generally used for free, and the government can recover it for free. Transfer means that the owner has paid the land transfer fee and the buyer enjoys more complete rights to the house. Also pay attention to the service life of the land. If the land use right of a house is only 40 years and the owner has used it for more than ten years, then it is a bit uneconomical for the buyer to measure whether it should be based on the price of commercial housing with the land use right of the same lot for 70 years.

(5) Does the municipal planning affect it?

Some homeowners may be eager to sell their second-hand houses because they know that their houses will be demolished in about 5 to 10 years, or that high-rise houses will be built near their houses, which may affect the municipal planning conditions such as lighting and price. As a buyer, you should fully understand the details when buying.

Formal process of second-hand housing transaction

(6) Whether the welfare house is legal.

Housing reform, housing projects and affordable housing are all welfare housing policies, which will be subject to certain restrictions when they are transferred. Moreover, these houses have certain national regulations on the nature of land and the scope of housing ownership, and buyers should avoid conflicts between sales contracts and national laws when purchasing.

(7) Is the unit house infringing?

The housing of general units includes cost employee housing and standard employee housing. The nature of the two plots of land is allocated, and the land use fee should be paid when transferring. Furthermore, for the standard-priced housing, the general unit enjoys part of the property rights, and the unit enjoys the preemptive right when the employees transfer their ownership. If the buyer does not pay attention to these, it may infringe upon the legitimate rights and interests of the unit together with the owner.

(8) Is the property management fee in arrears?

Some owners have long been in arrears in property management fees, electricity fees and gas (natural gas, heating and gas) fees when they transfer their ownership, and have already owed a lot of fees. The buyer bought the house without knowing it, and the buyer may have to bear all the expenses.

(9) whether the intermediary company violates the rules

Some intermediary companies provide intermediary services in violation of regulations, such as providing zero down payment service for buyers when lending second-hand houses, that is, all the money paid by buyers can be defrauded from banks. Buyers think they have taken advantage. I don't know if the bank finds out, all the responsibilities may be borne by him.

(10) Is the contract clear?

Although the second-hand housing sales contract does not need to be as comprehensive as the commercial housing sales contract, it should also clearly stipulate some details, such as contract subject, rights protection, housing price, transaction mode, liability for breach of contract, dispute settlement, signing date and so on.

There are many and complicated tax regulations for the sale of second-hand houses, and the accumulated amount of tax is relatively large, so it is very necessary to estimate the tax burden. According to national regulations, the buyer should bear deed tax and stamp duty, and the seller should bear business tax, urban construction tax, education surcharge and personal income tax under certain conditions. According to the nature of buying and selling houses and the actual situation in various places, land value-added tax, property tax, handling fee, transaction management fee and other taxes may also occur. In addition, factors such as the nature, size, use and registration time of property rights may also change the tax rate of deed tax. According to the actual situation of the house to be traded, the buyer and the seller can specifically understand the tax items and tax rates from professionals or relevant departments.

Property right inquiry

Step 1: Ask the seller to provide legal documents, including property right certificate, identity certificate, qualification certificate and other documents.

The title certificate refers to the Property Ownership Certificate and the Land Use Right Certificate.

Identity documents refer to identity cards, work permits and household registration books.

Qualification certificate refers to checking the subject qualification of both parties to the transaction. For example: commercial housing sales should check the seller's housing development and operation qualification certificate; The agent shall check whether the power of attorney is valid; * * * There is a house for sale, and other * * * consent certificates are needed. Other documents refer to: lease the property, and check the agreement or proof that the lessee waives the preemptive right; Winning property, to check the winning notice and the corresponding certificate.

Step 2: Inquire about the property right source of the purchased property from the relevant property management department.

1. Who is the owner? If * * * owns property, we should pay attention to the proportion of property rights and ownership forms of each * * *;

2. Document number, that is, the document number of the transaction. If the inquirer wants to get the whole document, he can use this number to get a copy of the document from the relevant parties;

3. Registration date, that is, the signing date of the transaction;

4. Transaction price, that is, the transaction transaction price. Inquirers should note that if the transaction price is marked as "partial transaction price", it means that the transaction price includes not only houses, but also other real estate products;

5. Other contents, such as the floor plan of the house.

Step 3: Check whether the house has a debt burden.

Housing property records only register the authenticity of the owner's property rights and the original transaction facts. As for the debts and liabilities arising from the housing operation, you must check the relevant certificates. Including: mortgage contract, lease, etc. , but also to learn more about the loan amount and repayment amount, interest and rent amount, so as to have a deeper understanding of the property. In addition, buyers also need to know whether the house is mortgaged and whether the house is sealed up by the court.

Legal points

The buyer must pay attention to transaction security: one purpose, eight musts.

One purpose is that all transactions must be subject to the purpose that the subject rights and legal rights of the real estate to be transferred can be obtained according to the agreement.

Eight musts means: 1. When concluding a real estate sales contract, especially when paying the down payment, be sure to find out whether the right of the real estate you want to buy is mortgaged, sealed up or frozen. (You can spend 30 yuan RMB in the trading center where the house is located to inquire about the real estate rights information that needs to be traded); 2. When paying the house price (or paying most of the house price), you must have completed the transaction application and obtained the acceptance receipt issued by the real estate trading center; 3. A certain amount of house payment must be reserved, and it can only be paid if the house expropriation inspection conforms to the contract; 4. When concluding a sales contract, the other party must be required to transfer the name of the maintenance fund, water, electricity, coal, telephone and other accounts of the transferred property at the same time under certain conditions; 5. If the down payment for buying a house is used for the seller to repay the bank loan, it is necessary to grasp the time limit for the bank to cancel the mortgage and issue a receipt room for accepting the transaction to the real estate trading center (the shorter the time limit, the better, because if the seller is involved in litigation, it will be immediately seized by the court); 6. To fully understand whether the transferred real estate is leased; 7. Before paying the deposit and the house payment, it is necessary to find out whether the main body of the contract is the property owner; 8. When concluding a sales contract, it must be agreed that the seller will move out all the registered permanent residence, and can go to the local police station to jointly investigate the registered permanent residence with the seller before signing the contract. In case of historical problems, it must be clearly stipulated in the contract.

The seller's transaction security must pay attention to: one purpose, three main points.

One purpose is that all transactions must be subject to the purpose that the price of housing sales can be paid in full.

Three must mean:

1. In principle, do not apply for a transaction without receiving most of the house payment. If the buyer does not pay the house price, you should take remedial measures including litigation. 2. When the house is handed over and all the keys are delivered, all the house payment will be charged; 3. If the buyer takes the sales contract concluded with the seller as the mortgage loan, and the mortgage loan is used to pay the house price of the seller, the loan bank shall issue a letter of guarantee to the seller before applying for the transaction, or the buyer and the seller agree with the bank that the loan will be paid directly to the seller by the bank.

Transaction process

The whole process of second-hand housing transaction is roughly divided into the following stages:

(1) The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificate, identity certificate and other documents.

(2) If the house provided by the seller is legal and can be traded on the market, the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sales contract (or a house sales contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.

(3) The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.

(4) contract. The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed. Beijing has cancelled the contract for the sale of real estate during the transaction, which is also commonly known as the "white deed".

(5) Pay taxes and fees. The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.

(6), handle the transfer of property rights transfer procedures. After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the notice of receiving the property ownership certificate.

(7) For the buyer of the loan, after signing the house sales contract with the seller, the buyer and the seller go to the loan bank to handle the loan formalities. The bank will review the buyer's credit status, evaluate the house that both parties want to trade, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan.

(8) After the buyer has obtained the ownership certificate of the house and paid off all the house price, and the seller has delivered the house and settled all the property fees, all the second-hand house sales contracts of both parties have been fulfilled.

Trading risk

How to avoid the risk of second-hand housing transaction

1. When signing a house purchase contract with the owner of a second-hand house, the buyer should consider the possible hidden dangers caused by factors such as rising house prices in advance, stipulate the liability for breach of contract, and go through the transfer formalities as soon as possible to avoid the other party's remorse.

Before buying a house, the buyer should fully understand the various procedures required for the sale of the house. It is best to choose professionals to provide legal advice and then sign the contract carefully.

3. When signing the house purchase contract, the buyer shall ask the other party to provide the certificate that ensures the right to dispose of the house sold or the certificate that the husband and wife and other people agree to dispose of it.

4. Buyers and sellers of second-hand houses should choose formal intermediary agencies when trading, and agree on the contents agreed by both parties in writing.

5. In order to know the real situation of the purchased house, buyers should know the situation from the property, neighbors and developers before buying a house, and it is best to go to the scene to see the house and make a written agreement on how to bear the responsibility for quality problems.

6. The law clearly stipulates that houses built on rural homestead cannot be listed and traded, and it is suggested that urban residents should not buy such houses, which are not protected by law.

Five customs

Five levels of second-hand housing transaction

Pricing permission

The most critical link in the sale of second-hand houses is house price evaluation. For inexperienced owners, it is difficult to find buyers if the price is set high, and it will suffer economic losses if it is set low.

Suggestion: entrust the house to a reputable intermediary company, and then make a fair evaluation of the customer's house through market comparison method, income method and cost method. The common market comparison method requires appraisers to have rich trading experience, be familiar with the market price, and be able to make a more accurate evaluation of the house price according to the location, orientation, decoration degree and age of the house.

Contract settlement

Second-hand housing transactions often lead to disputes because the contracts signed by both parties are not standardized. When signing a contract, we often pay attention to many details, such as indoor facilities, payment methods, specific delivery time, tax payment and so on.

Suggestion: If a formal intermediary company is entrusted and a sale transaction is finally reached, the intermediary company will provide a standardized and detailed text of the sale contract, which will reduce a lot of trouble for buyers and sellers and avoid disputes arising from irregular contracts. Subsequently, the seller should settle all the property fees and heating fees to prepare for the next link of the title deed transfer.

Transfer gap

Handling the title deed transfer of the house is the most time-consuming and labor-intensive step in the process of buying and selling. Handling the transfer involves a series of policies and regulations, and the procedures are cumbersome. Due to the lack of real estate transaction knowledge, relevant experience and procedures of relevant departments, buyers often run off their legs, and things are not done satisfactorily, which consumes a lot of human and financial resources.

Suggestion: Some formal intermediary companies can handle the transfer on their behalf, and the staff of their accreditation departments are familiar with relevant policies, regulations and processes and have rich experience. Therefore, entrusting a professional intermediary company to handle property transfer is the first choice of most consumers, which saves time, effort and worry.

Payment settlement

Paying the house payment is a link that customers are most worried about, ranging from hundreds of thousands to hundreds of thousands. Once there is a problem, the buyer will suffer huge losses. In the sale of houses, there is a real estate delivery risk. Buyers are worried about the transfer of property rights and can't get the title certificate; The seller is worried that the title certificate is in the buyer's name and the buyer is in arrears with the house payment.

Suggestion: In view of the above situation, some large formal intermediary companies have launched the "intermediary mediator" service. The buyer will hand over the house payment to the intermediary company for safekeeping, and the seller will hand over the original title certificate to the intermediary company for safekeeping. The intermediary handles the transfer of property rights for both parties. After getting the new title certificate, the intermediary pays the house price to the seller on the one hand and the new title certificate to the buyer on the other, which ensures the interests of both parties.

Jiao Jiao Pavilion

Property delivery is the last link in commercial transactions. If it can be successfully completed, the customer can move in immediately, and the original owner is no longer responsible for the house.

Suggestion: When the real estate is submitted for examination, the intermediary company will provide a real estate submission form for the buyers and sellers to fill in and confirm. The contents of house inspection mainly include: whether the house property conforms to the contract; Whether the furniture in the house has been emptied; Whether the key has been delivered; Whether the utilities, gas, telephone and cable viewing fees have been settled.