What are the procedures for house transfer?

1, learn about the housing information, see the house and choose the house;

2. The buyer and the seller initially reach an intention, and the buyer pays the down payment;

3. Sign sales contracts, apply for loans and pay down payment;

4. Pay relevant taxes and fees and handle the transfer of property rights;

5. Settlement of water and electricity costs of property management;

6. The buyer pays the remaining house price;

7. Turn the key and complete the transaction.

How to handle house transfer

1 Sign the contract

Where real estate is bought, sold, exchanged, donated or paid off, the parties to the transfer shall sign a real estate transfer contract.

2. Transfer application

The parties to the transfer of real estate shall apply to the real estate transaction management department for transfer after signing the transfer contract or joint venture, cooperation, merger and merger contract and other legal documents.

3. Price declaration

Both parties shall, within 30 days after the signing of the contract for house sale, exchange, gift or debt repayment, apply to the real estate transaction management institution with the certificate of real estate ownership and the legal proof of the parties concerned, and truthfully declare the transaction price of the transferred real estate.

4. Application for ownership transfer

The real estate transaction management department shall give a written reply to the applicant within 5 days from the date of accepting the transferor's application for transfer. If it does not meet the prescribed conditions or procedures, it shall make a decision not to transfer and notify the transferor in writing.

Step 5 pay taxes and fees

The parties involved in the transfer of real estate must pay the relevant taxes and fees in accordance with the relevant laws and regulations of the state.

6. Change registration

In line with the transfer conditions, the real estate transaction management department will transfer the transfer documents to the real estate management agency, which will handle the change registration in accordance with the relevant provisions.

Step 7 apply for a search warrant

After handling the above procedures, the real estate management department will issue a transfer form, and both parties will handle the real estate ownership certificate with the transfer form. The real estate registration agency will complete the registration of change of real estate right on 15 and make the real estate right certificate.

Legal basis:

"People's Republic of China (PRC) City Real Estate Management Law"

Article 37 The transfer of real estate refers to the act that the owner of real estate transfers his real estate to others through sale, gift or other legal means.

Thirty-eighth the following real estate may not be transferred:

(a) the acquisition of land use rights by means of transfer does not meet the conditions stipulated in Article 39 of this Law;

(two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;

(three) to recover the land use right according to law;

(four) a total of real estate, without the written consent of other co-owners;

(five) the ownership is controversial;

Failing to register according to law and obtain the ownership certificate;

(seven) other circumstances in which the transfer is prohibited by laws and administrative regulations.

Article 39 If the land use right is obtained by means of transfer, the following conditions shall be met for the transfer of real estate: (1) All the land use right transfer fees have been paid in accordance with the transfer contract, and the land use right certificate has been obtained;

(two) investment and development in accordance with the transfer contract, which belongs to housing construction projects, exceeds 25% of the total investment in development, and belongs to plots of development land, forming industrial land or other construction land conditions. If the house has been completed when the real estate is transferred, it shall also hold the house ownership certificate.

Fortieth to obtain the land use right by allocation, the transfer of real estate shall be reported to the people's government with the right of approval for examination and approval in accordance with the provisions of the State Council. If the people's government with the approval authority approves the transfer, the transferee shall go through the formalities for the transfer of the land use right and pay the transfer fee for the land use right in accordance with the relevant provisions of the state. If the land use right is obtained by allocation, and the people's government with the right of approval decides not to go through the formalities of land use right transfer when the real estate transfer is examined and approved, the transferor shall turn over the land proceeds from the real estate transfer to the state or make other treatments in accordance with the provisions of the State Council.

Forty-first real estate transfer, a written transfer contract shall be signed, and the contract shall specify the way to obtain the land use right.

Article 42 When the real estate is transferred, the rights and obligations stipulated in the land use right transfer contract shall be transferred accordingly.

Article 43 If the land use right is obtained by means of transfer, after the transfer of real estate, the service life of the land use right shall be the remaining service life after deducting the service life agreed in the original land use right transfer contract from the service life of the original land user.

Article 44 If the land use right is obtained by means of transfer, and the transferee changes the land use as stipulated in the original land use right transfer contract after the transfer of real estate, it must obtain the consent of the original transferor and the competent department of urban planning administration of the municipal or county people's government, sign an agreement on the change of the land use right transfer contract or re-sign the land use right transfer contract, and adjust the land use right transfer fee accordingly.

Article 45 The pre-sale of commercial housing shall meet the following conditions:

(a) have paid all the leasing fees for land use rights and obtained the certificate of land use rights;

(2) Holding a construction project planning permit;

(three) according to the pre-sale of commercial housing, the investment in development and construction has reached more than 25% of the total investment in engineering construction, and the construction progress and completion delivery date have been determined.

(four) to the real estate management department of the people's government at or above the county level for pre-sale registration, and obtain the pre-sale permit certificate of commercial housing. The pre-sale of commercial housing shall be reported to the real estate management department and land management department of the people's government at or above the county level for registration and filing in accordance with the relevant provisions of the state. The proceeds from the pre-sale of commercial housing must be used for related projects.

Forty-sixth commercial housing pre-sale, commercial housing pre-buyers will buy unfinished pre-sale commercial housing transfer again, by the the State Council regulations.