How to transfer only the real estate certificate?
Real estate transfer is a concern for many owners, especially when they only have a real estate certificate in hand. How to successfully complete the transfer procedures has become a focus. This article will introduce in detail how to handle the transfer when you only have a real estate certificate, and provide structured data to help you quickly understand the process.
1. Basic conditions for transfer of real estate certificate
If there is only a real estate certificate, the transfer needs to meet the following basic conditions:
| Conditions | Description |
|---|---|
| Authenticity of real estate certificate | The real estate certificate must be a legal and valid document without any traces of alteration or forgery. |
| Clear property rights | The property has no mortgage, attachment or other rights restrictions |
| Proof of identity of both parties | Both buyers and sellers need to provide valid ID documents |
| tax payment certificate | Need to pay relevant taxes and obtain tax payment certificate |
2. Transfer process with only real estate certificate
The following are the specific transfer steps when you only have a real estate certificate:
| steps | Operation content | Things to note |
|---|---|---|
| 1. Verify property information | Check the status of your property at the Real Estate Registration Center | Confirm that there are no restrictions on mortgage, seizure, etc. |
| 2. Sign the sales contract | Both parties sign a written house sales contract | It is recommended to witness through a formal intermediary or lawyer |
| 3. Pay taxes and fees | Pay deed tax, value-added tax, etc. | The tax rate depends on the property’s condition |
| 4. Complete transfer procedures | Submit materials to the Real Estate Registration Center | Both parties need to be present |
| 5. Get a new certificate | Wait for the approval to receive the new real estate certificate | Generally takes 5-15 working days |
3. List of materials that need to be prepared
Although you only have a real estate certificate, you still need to prepare the following materials:
| Material type | Specific requirements |
|---|---|
| Original real estate certificate | Must be intact and without damage |
| Proof of identity | Original and copy of identity cards of buyer and seller |
| sales contract | Both parties need to sign and confirm |
| tax payment certificate | Obtained after paying taxes and fees |
| Other proof | Such as proof of marital status, etc. (depending on the situation) |
4. Frequently Asked Questions
Q: Is it possible to transfer ownership with only a real estate certificate but no land certificate?
A: According to current policies, most areas have implemented unified registration of real estate. The real estate certificate and land certificate are integrated. Only the real estate certificate can also be transferred. However, it is recommended to consult the local real estate registration center in advance.
Q: How to transfer the property certificate if it is lost?
A: You need to go to the real estate registration center to go through the certificate renewal procedures first, and then you can transfer the ownership after a new certificate is issued.
Q: How long does it take to transfer?
A: Under normal circumstances, it takes 5-15 working days from submitting materials to receiving the new certificate. The specific time varies from place to place.
5. Transfer fee reference
| Expense items | reference standard | Description |
|---|---|---|
| Deed tax | 1%-3% | Based on the area of the house and whether it is the only residence |
| value added tax | 5.6% | Exemption after 2 years |
| personal income tax | 1% or 20% difference | Those who have lived for more than 5 years and whose only residence is exempt from tax |
| registration fee | 80-550 yuan | Standards vary from place to place |
6. Precautions
1. It is recommended to check the status of the property at the Real Estate Registration Center in advance to confirm that there are no rights restrictions;
2. The buyer and seller must be present in person to handle the transaction. Those who cannot be present must apply for a notarization entrustment;
3. Be sure to keep all receipts when paying taxes;
4. After the transfer is completed, the transfer of water, electricity, gas and other supporting facilities should be handled in a timely manner;
5. It is recommended to use formal intermediaries or lawyers to assist in handling the matter to avoid risks.
Through the above detailed introduction, I believe you have a clear understanding of how to handle transfer of property with only a real estate certificate. It is recommended to make adequate preparations in advance according to specific local policies and the actual situation of the property to ensure that the transfer is completed smoothly.
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