Do I need to be present when the house is transferred?

Whether I need to be present at the transfer of real estate generally depends on the situation:

1. Both the original owner and the new owner of the house must be present at the notarization and transfer formalities. This is to ensure the authenticity of the wishes of both parties and the effectiveness of the whole transfer;

2. However, under some special circumstances, if the owner of the house is unable or inconvenient to arrive at the scene due to physical reasons, he may entrust others to handle it. However, it is not just a verbal entrustment. You must produce a power of attorney, which can be a power of attorney, a power of attorney, etc. This power of attorney must be signed by both parties, and then the client will attend the relevant formalities in person.

The process of house transfer is as follows:

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 the 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, and the buyer and the seller sign the house sales contract. After the buyer and the seller reach an agreement on the location, property right status, transaction price, delivery time, delivery method and property right disposal of the house, the two parties 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 part of the property rights without the written consent of other property owners, the application shall be refused and the listing transaction shall 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. Now Beijing has cancelled the real estate sales contract in the transaction process, which is also commonly known as the "white contract";

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. Go through the formalities of property right transfer and transfer. After the real estate transaction management department completes the registration of property right change, both parties to the transaction 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 house ownership certificate;

7. For the buyer of the loan, after signing the house sales contract with the seller, both the buyer and the seller will 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. The buyer obtains the house ownership certificate and pays off all the house price, and the seller delivers the house and pays off all the property fees.

Legal basis:

Article 2 14 of the Civil Code of People's Republic of China (PRC)

The establishment, alteration, transfer and extinction of the real right of real estate that should be registered according to law shall take effect when it is recorded in the real estate register.

Article 2 15

A contract concluded between the parties on the establishment, alteration, transfer and elimination of the real right of immovable property shall come into effect upon the establishment of the contract, unless otherwise provided by law or agreed by the parties; Failure to register the real right shall not affect the validity of the contract.

Article 2 16

Real estate register is the basis of ownership and the content of real right.

The real estate register is managed by the registration agency.