Hefei buys a house to answer questions: how to trade a house without a real estate license?

Recently, a netizen who bought a house in Hefei asked, "The auction house I bought has not been delivered yet. Can I sell it? " , of course! Today, Bian Xiao will tell you how to trade a house without a real estate license. Hefei has a small partner who needs to buy a house and sell a house.

I just paid the down payment and haven't got a mortgage yet.

This situation is that the developer has not yet filed with the Housing Authority, which is the best solution.

Buyers and sellers can directly go to the developer to handle the contract transfer, that is, discuss with the developer, re-sign the purchase contract with the buyer, and recover the old purchase contract. Then the buyer pays the down payment to the seller. The latter thing is like buying a new house. The Housing Authority will directly write the buyer's name for the record, and the bank mortgage will be handled by the buyer himself. The real estate license will be directly the name of the buyer.

I'm paying the mortgage, but I haven't paid the house yet.

Method 1: Rename directly.

Process:

1, the seller will pay off the bank loan;

2. The seller takes out the mortgage contract with the settlement certificate issued by the bank to the Housing Authority;

3. The developer holds the contract and cancellation registration form to the premises bureau to handle the cancellation procedures of the house;

4. After cancellation, the buyer and the developer sign a new commercial housing sales contract, and then go to the Housing Authority for re-filing.

Precautions:

1, the house must pay off the bank loan.

2. The name change must be approved by the developer.

3. The buyer can't mortgage any more, and must buy it in full.

The advantage of this method is that the procedure is relatively simple and there is no tax in the whole process. The disadvantage is that it can't be mortgaged, and there are a lot of blank periods in the middle, which is risky.

In terms of national laws and policies, real estate without title certificate is not allowed to be traded. Therefore, the law does not protect this kind of trading behavior, and any problem can only be solved by itself.

Method 2: Both parties agree to wait for the real estate license to come down before the transfer.

This way belongs to the sale of second-hand houses, so there are more taxes to pay.

Including:

Personal income tax: 65438+ 0% of the total house price.

Deed tax: 65438+ 0% of the total house price under 90 square meters; 90 square meters to 140 square meters is 0.5% of the total house price of 65438+; More than 3%140m2 of the total house price. (Both are first suites)

(The deed tax shall be paid in two times, once when the seller himself handles the real estate license and once when the buyer handles the new real estate license. )

Business tax: 5.55%

The advantage of the second method is that it can be transferred in time with low risk; Disadvantages are high taxes and long time cost.

Matters needing attention

1. The house transaction without real estate license is risky, so both buyers and sellers should be cautious!

2. Under special circumstances, it is necessary to sell (buy) the house without the real estate license. Both parties should have a detailed understanding of the real estate, make clear when they can get the real estate license, agree on the appropriate standard of liquidated damages, and be psychologically prepared.

3. For the buyer, the risk can be reduced from two aspects. First, pay as little as possible before obtaining the real estate license; Second, first obtain the right to use and control the house, so that the law will tilt towards the buyers.

4. The house price will fluctuate, and the buyer and the seller should agree on the standard of liquidated damages to avoid one party's breach of contract when the house price fluctuates greatly.

Knowledge link: which houses have no property right certificate?

1. A house developed with collectively owned land is a so-called small property right house.

2, without the approval of the project or change the project without authorization.

3. Property without planning approval.

4. Change the planned real estate privately.

5. Change the land use of real estate without permission.

6. Land ownership is controversial.

7. Houses without sales license and property right certificate.

8, without acceptance or unqualified housing.

9. The land or house is not mortgaged.

10. The developer failed to pay relevant taxes.

1 1. Land and houses were sealed up by relevant departments.

(The above answers were published on 2016-11-24. Please refer to the actual situation for the current purchase policy. )

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