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Procedures of second-hand house purchase and sale

Time: 2024.05.02 label: Property disputes Second hand housing disputes Reading: 1261 people
Lawyer's analysis:
1、 Look for houses and check houses.
2、 House and property right review before purchase and sale.
3、 File search. Both parties hold property ownership certificate The original should be checked by the Housing Authority to determine the ownership of the property and whether it has been mortgage I suggest you House purchase People should never underestimate this step. Finding out the property rights is a major event related to the ownership of the house.
4、 Determination of house property right and redelivery Deposit
5、 Sign a formal contract.
6、 Handling by the Buyer Mortgage loan If it is not a one-time payment, the buyer also needs to go to the bank to make a mortgage loan. Go to the bank Loan application Both the buyer and the seller should be present ID Original marriage certificate , account book, income certificate, bank statement business contract Etc.
7、 Transfer.
8、 House delivery.
The handover of houses generally involves the handover of property, water, electricity, cable TV, gas, etc. If there are furniture and appliances inside the house, it is also necessary to verify whether the seller is to be replaced or moved. The handover of water, electricity, etc. shall be handled by the management office, water affairs bureau, cable television station, power supply bureau and other departments respectively. Both parties shall prepare copies of property ownership cards, identity cards, etc.
Legal basis:
Article 33 of Housing Registration Measures
apply housing ownership For transfer registration, the following materials shall be submitted:
(1) Registration application;
(2) The identity certificate of the applicant;
(3) House ownership certificate or real estate ownership certificate;
(4) Materials proving the transfer of house ownership;
(5) Other necessary materials.
The materials in Item (4) of the preceding paragraph may be sales contracts, exchange contracts Gift contract . Legacy certificate inherit Proof, division agreement, merger agreement, legal documents in force by the people's court or arbitration commission, or other materials to prove the transfer of house ownership.
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Materials to be prepared for the transfer of second-hand housing: 1. The buyer: I will be present and provide valid identity documents and housing sales contract. 2. The Seller: hold valid ID card and house ownership certificate to handle on site. 3. If the property is leased, the Seller shall provide the above certificate

Materials to be prepared for the transfer of second-hand housing: 1. The buyer: I will be present and provide valid identity documents and housing sales contract. 2. The Seller: hold valid ID card and house ownership certificate to handle on site. If the property is shared by husband and wife, both husband and wife should be present at the same time

For real estate such as second-hand housing, if you want to obtain ownership, it is not enough just to hand over the housing, you must go to the housing management department to handle the transfer formalities of second-hand housing, and then get the property certificate. Therefore, it is necessary to transfer the ownership first, and then apply for the property ownership certificate. In some places, it takes 7-10 working days

Selected pictures and texts Pufa video Voice Answers
  • How to deal with the second hand house deception contract signing

     Legal Advisor

    Legal Advisor

    In case of a false agreement caused by fraud in the sale of second-hand houses, the victim has the right to apply to the court or arbitration institution for cancellation of the agreement within one year (90 days for a major misunderstanding) after knowing the fraud. When the fraudster misleads the other party into making an involuntary contract, the victim can safeguard his rights according to law.

    Views: one thousand four hundred and eighty-four 2024-07-02
  • Whether the deposit for second-hand house purchase can be returned

     Legal Advisor

    Legal Advisor

    In the sale of second-hand houses, the deposit is usually not refunded, and the buyer will lose the deposit if he defaults. However, if the Seller violates the contract or is unable to perform due to its fault, the Buyer may request the return and possibly double the compensation. If the transaction is suspended due to force majeure, the deposit paid by the Buyer shall be refunded in full and compensated accordingly.

    Views: one thousand two hundred and sixty-four 2024-07-02
  • How to deal with the second hand house deception contract signing

     Legal Advisor

    Legal Advisor

    In case of a false agreement caused by fraud in the sale of second-hand houses, the victim has the right to apply to the court or arbitration institution for cancellation of the agreement within one year (90 days for a major misunderstanding) after knowing the fraud. When the fraudster misleads the other party into making an involuntary contract, the victim can safeguard his rights according to law.

    Views: one thousand four hundred and twenty-nine 2024-07-02
  • What should buyers of second-hand houses pay attention to

    Lawyer Li Jun

    When purchasing a second-hand house, the buyer should pay attention to whether the house has the conditions for proper transaction, whether the property right of the house is clear, whether the quality of the house is qualified, whether the identity of the owner is true, and whether there are other non transferable situations; When signing the contract, the responsibilities of both parties for breach of contract shall be clarified, and the payment transfer time shall be indicated.

    Play volume: one thousand one hundred and twenty 2022-06-07
  • Should the notary office notarize the purchase of second-hand houses

    Lawyer Xu Wei

    There is no need to go to the notary office for notarization when buying or selling second-hand houses, and the law does not make mandatory requirements. The purpose of notarization in the purchase and sale of second-hand houses is to ensure the authenticity, validity and legality of the purchase and sale contract, but it only produces the effect of creditor's rights and does not produce the effect of changes in biological rights.

    Play volume: nine hundred and thirty-two 2022-06-07
  • Do you have to sign online to buy and sell second-hand houses

    Lawyer Xu Wei

    Online signing is not necessary for second-hand housing sales. Online sign refers to the process in which the transaction parties sign a contract and go to the relevant real estate department for filing, form a online sign number and publish it online. Users can query online through the online sign number. It is commonly used in the field of real estate transactions. The purpose of online signing is to prevent "multiple sales of one house" and make real estate transactions more transparent.

    Play volume: one thousand four hundred and seventy-two 2022-06-07
 Lawyer Liu Manping

Beijing Fengzhan Law Firm

Lawyer Liu Manping, graduated from Peking University Law School, a member of the Chinese Bar Association, once worked in Beijing Electronic Technology Vocational College (law lecturer), with solid theoretical foundation and rich case handling experience. Since practicing, he has served as the perennial legal adviser of many companies; Handled hundreds of civil, commercial and economic cases as well as criminal cases; It can provide a very professional and pertinent litigation strategy in cases such as medical damage compensation and labor disputes, company legal affairs and personal damage compensation. Maximize the protection and realization of the interests of the parties, and obtain a good reputation and praise from many parties. At the same time, Lawyer Liu enthusiastically participated in the Chinese entrepreneurs' rights protection service hotline, served as a member of the fourth Dongcheng District Lawyers Association's Rights Protection Committee and a member of the "Beijing Youth Sunshine Growth Plan Lawyer", and volunteered to provide advice and rights protection guidance for entrepreneurs. Success stories: Chen Moumou sued the Second Affiliated Hospital of Tianjin Medical University for medical damage compensation (the first case of death due to superbug infection in China) 103 employees including Wang sued Hefei Railway Branch Zhang and other 16 employees sued Minsheng Bank Three employees including Liu sued Beijing Abalone Catering Co., Ltd. and other labor disputes Shi Moumou, former chairman of Northwest Company of China Railway 15th Bureau, was finally acquitted after defense in the second trial of bribery case Yang Mou sued Shenzhen Dayongsheng Real Estate Development Co., Ltd. on the proposal of different execution rights Yang and four others sued Motorola Beijing for labor dispute Chen and the xxxx Military General Hospital of the People's Republic of China medical damage compensation dispute; Yang Moumou et al. and the Children's Hospital Affiliated to Capital Medical University Case of illegal detention of XXX Wan Meng's fraud case

Consult the lawyer
  • What is the compensation standard for liquidated damages of second-hand housing

    1163 people read

    In the transaction of second-hand houses, if there is a breach of contract, it is usually necessary to pay 20% of the contract amount as liquidated damages. If the loss is serious, the penalty may be increased as appropriate, but shall not exceed 30% of the actual loss. Both parties can negotiate in good faith to specify the specific standard of compensation for breach of contract in the contract, or assess the loss according to the actual situation. It is suggested that when signing the contract, the buyer must carefully read the relevant terms to ensure that their rights and interests are protected.

  • How to collect fees from lawyers of second-hand dispute houses

    1026 people read

    There is no uniform standard for legal service fees for disputes over second-hand housing transactions, which shall be determined by the parties and lawyers through consultation. The cost is usually calculated according to the percentage of the value of the subject matter of the contract, and may include the costs of lawyer witness, notarization, investigation, etc. It is recommended to directly communicate with lawyers to obtain specific quotations.

  • Is the risk guarantee for buying second-hand houses effective

    1743 people read

    In the transaction of second-hand housing, the effectiveness of risk guarantee shall be determined according to the situation. The purchase of a second-hand house with mortgage rights requires the approval of the mortgagee. Before operation, it is required to obtain a bank certificate or fill in the application for re mortgage, and use the house purchase money to pay the outstanding loan or change the lender. After completion, handle the ownership transfer and property right transfer procedures.

  • Whether it is legal for the owner of the second-hand house to request to postpone the delivery of the house

    1330 people read

    The extent of compliance with the property delivery date delay depends on the terms of the contract. If the developer fails to deliver the house on time, it will constitute a breach of contract. If the Seller fails to perform within three months after being urged by the Buyer, the Buyer has the right to terminate the contract and demand refund, interest and compensation. However, if the delay is caused by force majeure, the Seller shall not be liable for breach of contract.

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