Buy a house and go to the trade center
Publish: 2021-05-19 00:42:57
1. Finally, we must go to the trading center for the transfer of ownership and real estate certificate. Generally, the government can also handle other related affairs about buying a house in the trading center, such as paying taxes and inquiring about housing information. Banks usually set up stalls in the trading center to draw loans and deposits.
2. It is impossible to have such a situation. First, if it is a housing purchase with provident fund loan, that is, after the approval of the provident fund center, the bank designated by the provident fund will carry out mortgage loan, and the approved loan will be directly transferred to the developer. Second, if it's a personal housing loan, it's only to mortgage the real estate purchased by the lender. There's no need to mortgage other people's real estate certificate. Third, if it's to mortgage other people's real estate certificate, then you belong to the guarantor. At that time, if there is a debt dispute, you also have the responsibility. Therefore, the house property certificate cannot be borrowed.
3. First of all, you can't find the seller's information. This is the seller's private information. Only the seller's house ownership registrant and lawyers can apply for inquiry with their identification
if you are buying a house, you have the right to ask the seller to check the relevant housing registration information, but generally you do not need to check it in person! Because the housing property right transaction is a large real estate transaction, not every trader is clear about the transaction procere so as to protect his legitimate rights and interests. Therefore, the housing property right transaction procere stipulates that the transaction needs to be notarized, and the staff of the notary office not only need to verify the identity of the buyer and the seller when doing notarization, In addition, we need to go to the archives section of the housing property rights trading center to inquire about the information of the housing transaction, so as to ensure that the housing is real and effective and can be legally traded
of course, if you are not at ease, you can propose to follow the notary or the seller to the archives section of the housing property trading center to check the relevant registration information of the housing ownership! It's your right. The original data of housing property rights include: contract, purchase invoice, of ID card, contact information, housing plan, if there is a loan, of course, there is housing ownership certificate, if it is demolition, there are resettlement agreement, supplementary agreement, demolition agreement, settlement list, etc.
if you are buying a house, you have the right to ask the seller to check the relevant housing registration information, but generally you do not need to check it in person! Because the housing property right transaction is a large real estate transaction, not every trader is clear about the transaction procere so as to protect his legitimate rights and interests. Therefore, the housing property right transaction procere stipulates that the transaction needs to be notarized, and the staff of the notary office not only need to verify the identity of the buyer and the seller when doing notarization, In addition, we need to go to the archives section of the housing property rights trading center to inquire about the information of the housing transaction, so as to ensure that the housing is real and effective and can be legally traded
of course, if you are not at ease, you can propose to follow the notary or the seller to the archives section of the housing property trading center to check the relevant registration information of the housing ownership! It's your right. The original data of housing property rights include: contract, purchase invoice, of ID card, contact information, housing plan, if there is a loan, of course, there is housing ownership certificate, if it is demolition, there are resettlement agreement, supplementary agreement, demolition agreement, settlement list, etc.
4. The basic process of mortgage loan is as follows:
on-the-spot house inspection:
loan officers, intermediaries, appraisers, buyers and sellers go to the house site where the mortgage loan is applied for to conct on-the-spot house investigation
property right verification
the property owner and the co owner (the seller) shall bring the original ID card and the original house property certificate to the housing authority for verification and go through relevant proceres
signing the contract:
the bank carefully checks and verifies the original data of the customer, identifies the authenticity of all the signers, supervises the signature of the customer, collects the original property certificate and deposit (the specific amount is determined by the buyer and the seller), copies the data, and reminds both parties to handle accounts in the bank
fill in the contract:
the bank sorts out the information and fills in the contract according to the relevant information provided by the customer
payment obligation:
the bank will inform the customer to pay the fee after passing the preliminary examination
property right transfer:
the buyer and the Seller shall handle the property right transfer proceres with the help of the housing authority; The lender shall prepare relevant materials and go to the bank for mortgage proceres
bank loans.
on-the-spot house inspection:
loan officers, intermediaries, appraisers, buyers and sellers go to the house site where the mortgage loan is applied for to conct on-the-spot house investigation
property right verification
the property owner and the co owner (the seller) shall bring the original ID card and the original house property certificate to the housing authority for verification and go through relevant proceres
signing the contract:
the bank carefully checks and verifies the original data of the customer, identifies the authenticity of all the signers, supervises the signature of the customer, collects the original property certificate and deposit (the specific amount is determined by the buyer and the seller), copies the data, and reminds both parties to handle accounts in the bank
fill in the contract:
the bank sorts out the information and fills in the contract according to the relevant information provided by the customer
payment obligation:
the bank will inform the customer to pay the fee after passing the preliminary examination
property right transfer:
the buyer and the Seller shall handle the property right transfer proceres with the help of the housing authority; The lender shall prepare relevant materials and go to the bank for mortgage proceres
bank loans.
5. After buying a house, I need to get a certificate.
6. First sign a real estate sales contract (which can be bought by the local real estate trading center). In the contract, you should specify the agreement of both parties, such as how to pay and how to pay in several times. Generally, you should pay 30% down after signing the sales contract, and then go to the real estate trading center to transfer the ownership. 60% will be paid on the day of transfer, and the last 10% will be given after you get the property certificate
the transfer procere is not complicated. As long as the original and of both sides' ID cards, household registration book, marriage certificate, tax payment certificate, contract and house property certificate, you can transfer the ownership. Note that both parties must be present, to sign, if one party does not go to the notary office to commission
the one-time payment is one month faster than the loan, and the other is no different. The total time is that you can transfer the ownership on the day of signing the contract (with all the information), get the new certificate 20 working days after the transfer, and then hand over the water and electricity charges.
the transfer procere is not complicated. As long as the original and of both sides' ID cards, household registration book, marriage certificate, tax payment certificate, contract and house property certificate, you can transfer the ownership. Note that both parties must be present, to sign, if one party does not go to the notary office to commission
the one-time payment is one month faster than the loan, and the other is no different. The total time is that you can transfer the ownership on the day of signing the contract (with all the information), get the new certificate 20 working days after the transfer, and then hand over the water and electricity charges.
7. Real estate trading center can
government affairs center or land trading center can't.
government affairs center or land trading center can't.
8. In your area of the housing authority can handle, take both sides of the ID card, account.
9. It's not your house in the legal sense< There are four steps in the process of second-hand house transfer:
first, there is no loan between the buyer and the seller: the buyer and the seller agree on a contract signing date; Within three working days after signing the general contract, the buyer shall pay the down payment to the seller; And agreed a real estate into the trading center time. On the day of entering the trading center, the buyer shall pay the seller all the house money except the balance. After 20 working days, get a new house property certificate; With the new property certificate for property transfer proceres, water, electricity and coal transfer, and finally in the delivery, the next home will be the balance to the seller< Second, the seller has the loan outstanding: the buyer and the seller agree on a contract signing date; Within three working days after the general contract is signed, the down payment will be paid to the intermediary company for supervision; The seller, the buyer and the intermediary company jointly witness the repayment of the outstanding bank loans of the landlord. After 7 working days, the bank loan is concluded, and both parties agree on a time when the real estate enters the trading center; On the day of entering the trading center, the buyer shall pay the seller all the house money except the balance
after 20 working days, get a new house property certificate; Handle the property handover proceres, water, electricity and coal transfer with the new house property certificate; Finally, at the time of delivery, the buyer will settle the balance to the seller
Third, the buyer's loan purchase: first, the buyer's loan amount and credit are reviewed; After verification, both parties reach a sales agreement. The buyer and the seller agree on a contract signing date; The buyer shall pay the down payment to the seller within three working days after signing the general contract; The buyer signs a loan agreement with the loan company or bank; After 7 working days of loan review, both parties agree on a time when the real estate enters the trading center; After entering the trading center for 20 working days, get a new house property certificate; The bank lends money to the seller with the new house property certificate; Handle the property handover proceres, water, electricity and coal transfer with the new house property certificate; Finally, at the time of delivery, the buyer will settle the balance to the seller< Fourth, both the buyer and the seller have loans: first, the buyer's loan amount and credit are reviewed; After verification, both parties reach a sales agreement. The buyer and the seller agree on a contract signing date; Within three working days after signing the general contract, the buyer shall pay the down payment to the intermediary company for supervision; The seller, the buyer and the intermediary company jointly witness to pay off the outstanding bank loans of the seller; After 7 working days, the bank loan is concluded, and the buyer signs a loan agreement with the loan company or bank; After 7 working days of loan review, the buyer and the seller agree on a time when the real estate enters the trading center; After entering the trading center for 20 working days, get a new house property certificate; The bank lends money to the seller with the new house property certificate; Handle the property handover proceres, water, electricity and coal transfer with the new house property certificate; Finally, at the time of delivery, the buyer will settle the balance to the seller
time required for the transfer of house property certificate:
if there is no problem with the materials, you must go to the house property bureau and fill in some forms and an inventory contract. The amount on the inventory contract must be the same as that on the contract. After the materials are handed over to the real estate bureau, there will be a receipt, which must be paid on the date stated above. Generally, it takes about 15 working days. After paying the taxes, I will wait in line there to get the new house property certificate. The time limit for handling the house property certificate is 10 working days (from the next day after the registration and acceptance)<
fees to be paid for the transfer of second-hand housing:
transaction taxes cover 8 types of taxes, including deed tax, business tax, stamp tax, urban construction tax, personal income tax, land value-added tax, ecation surcharge, local ecation surcharge, etc. The rates of various taxes vary from region to region, but there is little difference
1. Deed tax: the base tax rate is 3%, and the preferential tax rates are 1.5% and 1%
the levy ratio of ordinary houses is 1.5% of the transaction price, and that of non ordinary houses is 4%. Specific levy ratio: ordinary houses below 90 square meters (1% for the first set and 3% for the second set); 90 to 140 square meters of ordinary residence (1.5% for the first set and 3% for the second set); Villas and other non ordinary residential (4% of the transaction price)
2. Business tax: the tax rate is 5.5%
according to the new real estate policy in 2010, business tax is levied in full on non ordinary houses with less than 5 years' purchase time, business tax is levied on non ordinary houses with more than 5 years' purchase time or ordinary houses with less than 5 years' purchase time, and business tax is exempted on ordinary houses with more than 5 years' purchase time
3. Stamp ty
the first is the proportional tax rate, which is applicable to the documents of real estate property right transfer, and the tax rate is 0.05%. At the same time, it is applicable to the housing lease contract, and the tax rate is 1%, and the tax rate is 0.03% for the real estate purchase and sale contract
the second is the fixed tax rate, which is applicable to the certificate of real estate rights, including the house ownership certificate and the land use certificate. The tax rate is 5 yuan per piece
4. Personal income tax: the tax rate is 1% of the total transaction amount or 20% of the difference between the two transactions, which shall be borne by the seller
the income tax on the transfer of indivial housing is required for the sale of non unique housing as a family unit. There are two conditions here: one is the only house of the family; the other is that the purchase time is more than five years. If the two conditions are met at the same time, indivial income tax can be exempted; If any condition is not met, indivial income tax must be paid
note: if it is the family's only residence but the purchase time is less than 5 years, it needs to pay in the form of tax deposit first. If it can buy the house again and obtain the property right within one year, it can refund the tax deposit in whole or in part, and the specific amount of refund is according to the lower transaction price of the two houses
5. Urban construction tax, ecation surcharges and local ecation surcharges, etc.
the collection of such taxes is based on the business tax amount, and the urban construction tax, ecation surcharges and local ecation surcharges are paid according to 7%, 3% and 1% of the actual business tax amount
note: capital supervision is good for both the seller and the buyer of second-hand housing. It is provided by an independent third party (capital supervision institution / bank) to protect the interests of both parties and avoid disputes in the sale of second-hand housing, thus recing the risk of second-hand housing transaction.
first, there is no loan between the buyer and the seller: the buyer and the seller agree on a contract signing date; Within three working days after signing the general contract, the buyer shall pay the down payment to the seller; And agreed a real estate into the trading center time. On the day of entering the trading center, the buyer shall pay the seller all the house money except the balance. After 20 working days, get a new house property certificate; With the new property certificate for property transfer proceres, water, electricity and coal transfer, and finally in the delivery, the next home will be the balance to the seller< Second, the seller has the loan outstanding: the buyer and the seller agree on a contract signing date; Within three working days after the general contract is signed, the down payment will be paid to the intermediary company for supervision; The seller, the buyer and the intermediary company jointly witness the repayment of the outstanding bank loans of the landlord. After 7 working days, the bank loan is concluded, and both parties agree on a time when the real estate enters the trading center; On the day of entering the trading center, the buyer shall pay the seller all the house money except the balance
after 20 working days, get a new house property certificate; Handle the property handover proceres, water, electricity and coal transfer with the new house property certificate; Finally, at the time of delivery, the buyer will settle the balance to the seller
Third, the buyer's loan purchase: first, the buyer's loan amount and credit are reviewed; After verification, both parties reach a sales agreement. The buyer and the seller agree on a contract signing date; The buyer shall pay the down payment to the seller within three working days after signing the general contract; The buyer signs a loan agreement with the loan company or bank; After 7 working days of loan review, both parties agree on a time when the real estate enters the trading center; After entering the trading center for 20 working days, get a new house property certificate; The bank lends money to the seller with the new house property certificate; Handle the property handover proceres, water, electricity and coal transfer with the new house property certificate; Finally, at the time of delivery, the buyer will settle the balance to the seller< Fourth, both the buyer and the seller have loans: first, the buyer's loan amount and credit are reviewed; After verification, both parties reach a sales agreement. The buyer and the seller agree on a contract signing date; Within three working days after signing the general contract, the buyer shall pay the down payment to the intermediary company for supervision; The seller, the buyer and the intermediary company jointly witness to pay off the outstanding bank loans of the seller; After 7 working days, the bank loan is concluded, and the buyer signs a loan agreement with the loan company or bank; After 7 working days of loan review, the buyer and the seller agree on a time when the real estate enters the trading center; After entering the trading center for 20 working days, get a new house property certificate; The bank lends money to the seller with the new house property certificate; Handle the property handover proceres, water, electricity and coal transfer with the new house property certificate; Finally, at the time of delivery, the buyer will settle the balance to the seller
time required for the transfer of house property certificate:
if there is no problem with the materials, you must go to the house property bureau and fill in some forms and an inventory contract. The amount on the inventory contract must be the same as that on the contract. After the materials are handed over to the real estate bureau, there will be a receipt, which must be paid on the date stated above. Generally, it takes about 15 working days. After paying the taxes, I will wait in line there to get the new house property certificate. The time limit for handling the house property certificate is 10 working days (from the next day after the registration and acceptance)<
fees to be paid for the transfer of second-hand housing:
transaction taxes cover 8 types of taxes, including deed tax, business tax, stamp tax, urban construction tax, personal income tax, land value-added tax, ecation surcharge, local ecation surcharge, etc. The rates of various taxes vary from region to region, but there is little difference
1. Deed tax: the base tax rate is 3%, and the preferential tax rates are 1.5% and 1%
the levy ratio of ordinary houses is 1.5% of the transaction price, and that of non ordinary houses is 4%. Specific levy ratio: ordinary houses below 90 square meters (1% for the first set and 3% for the second set); 90 to 140 square meters of ordinary residence (1.5% for the first set and 3% for the second set); Villas and other non ordinary residential (4% of the transaction price)
2. Business tax: the tax rate is 5.5%
according to the new real estate policy in 2010, business tax is levied in full on non ordinary houses with less than 5 years' purchase time, business tax is levied on non ordinary houses with more than 5 years' purchase time or ordinary houses with less than 5 years' purchase time, and business tax is exempted on ordinary houses with more than 5 years' purchase time
3. Stamp ty
the first is the proportional tax rate, which is applicable to the documents of real estate property right transfer, and the tax rate is 0.05%. At the same time, it is applicable to the housing lease contract, and the tax rate is 1%, and the tax rate is 0.03% for the real estate purchase and sale contract
the second is the fixed tax rate, which is applicable to the certificate of real estate rights, including the house ownership certificate and the land use certificate. The tax rate is 5 yuan per piece
4. Personal income tax: the tax rate is 1% of the total transaction amount or 20% of the difference between the two transactions, which shall be borne by the seller
the income tax on the transfer of indivial housing is required for the sale of non unique housing as a family unit. There are two conditions here: one is the only house of the family; the other is that the purchase time is more than five years. If the two conditions are met at the same time, indivial income tax can be exempted; If any condition is not met, indivial income tax must be paid
note: if it is the family's only residence but the purchase time is less than 5 years, it needs to pay in the form of tax deposit first. If it can buy the house again and obtain the property right within one year, it can refund the tax deposit in whole or in part, and the specific amount of refund is according to the lower transaction price of the two houses
5. Urban construction tax, ecation surcharges and local ecation surcharges, etc.
the collection of such taxes is based on the business tax amount, and the urban construction tax, ecation surcharges and local ecation surcharges are paid according to 7%, 3% and 1% of the actual business tax amount
note: capital supervision is good for both the seller and the buyer of second-hand housing. It is provided by an independent third party (capital supervision institution / bank) to protect the interests of both parties and avoid disputes in the sale of second-hand housing, thus recing the risk of second-hand housing transaction.
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