What's the procedure for buying a garage?

1. If there is property right, the transaction can be transferred normally; If not, there must be something to prove, such as the land use certificate reflected in the real estate license, (it is necessary to re-measure the real estate area and fairly modify the property certificate area), (if there is relevant proof, the seller should provide this basis to the buyer, and indicate in the transaction contract that it is the "property certificate" of the garage, and check with the developer to change the name directly, that is, change the contract with the developer. Need to go to the property company to change the name. If not, find an intermediary to sign a tripartite agreement. )

If only the garage is marked in the remarks of the property right certificate, but there is no independent property right certificate, then the garage can not be traded separately, but only with the house. The garage trade will be reflected in the supplementary explanation of property right registration in the basic situation of the house where the two houses sign the second-hand house sale agreement and pay taxes. According to Zhu, in fact, property buyers can buy this kind of garage without a house, so it is necessary to divide the property right certificate. At present, the methods vary from place to place. For example, the new district divides the area before the housing transaction, and other districts directly handle the division area in the transaction.

Unmarked garage transactions are the most prone to disputes and the most troublesome. Experts especially remind buyers to pay more attention, because there are a large number of such cases in second-hand houses. Before this kind of second-hand house transaction, the buyer should check the owner's agreement, invoice or receipt and other relevant documents, and it is best to go to the house transaction registration department for file transfer, and measure the garage area with a ruler to verify that the registered building area of the house does include the garage area. If you have relevant documents, just go to the property company to change your name; If there is no basis, it is necessary to make a clear agreement. Both parties should agree on the details of the house, including the garage, the garage area, the garage price and the location of the garage if necessary. If there is a partial basis, the seller shall provide the basis to the buyer, and indicate the Property Certificate as the garage in the transaction contract.

2. Parking spaces can only be transferred. Parking spaces without property certificates only have the right to use, but no property rights. Therefore, in the transaction of second-hand housing with parking spaces, the seller can only transfer the right to use to the buyer, but can not conduct property rights transactions. In some residential areas, the above-ground or underground parking spaces are generally only rented, and the owners are granted the right to use 10 and 20 years, which are managed by the residential property. For this kind of second-hand real estate transaction, as long as the original owner carries the parking space use right agreement, the buyer and the seller go through the parking space transfer formalities at the property company and change their names, the parking space use right can be directly transferred from the seller to the buyer, and it does not need to be reflected in the house sales contract. Of course, buyers can also buy houses without parking spaces, and the original owners can also return the right to use parking spaces to the property in advance.

Lawyers reminded that this kind of parking space with no ownership but only the right to use generally has a parking space right agreement signed by the original owner and the property. Second-hand housing buyers must attach great importance to this parking space contract, because it is the only proof. At the same time, other agreements on the transfer of parking space use rights should also be properly kept.