The transfer of second-hand houses will directly affect our personal interests, but some people are unable to handle the transfer. If the transfer of ownership cannot be handled, many people want to solve the problem fairly. If it is just not transferred, there is a certain risk. So, the risk of non transfer of ownership in the notarization of second-hand housing sales? What circumstances need to go through notarization procedures?
Second hand housing sales notarization does not transfer the risk?
1. The transaction was unsuccessful
If both parties to the transaction choose not to transfer ownership temporarily in order to avoid business tax, although such a house has property rights and looks very safe, there is still a risk of unsuccessful transaction. The seller may ask to cancel the transaction because the house is large, and the court may not award the house to the buyer when making a judgment on such disputes.
2. Restrictions on housing rights
If the property owner of the house is sealed up and mortgaged due to civil litigation, criminal punishment and other reasons, once the buyer purchases it, it will bear great risks. Even if the house has been notarized, it is invalid.
3. The co owner of the house does not agree to sell the house
If the co owner of the house is not present at the time of notarization, the co owner will not agree to sell the house on the ground of ignorance. In this case, even if the house has been notarized, it is invalid.
4. Can't get the property right certificate
If buyers buy houses with small property rights, they will not be able to obtain a legal real estate certificate. Once the house does not meet the urban planning, the government will demolish such houses free of charge, and the losses can only be borne by the buyers themselves.
What circumstances need to go through notarization procedures?
1. Notarization of sales contract
In the process of house purchase and sale, if one party is an overseas person, the sales contract must be notarized before it comes into force. If the customer with an overseas person is not notarized, it cannot be sent to the transaction.
2. Entrusted notarization
If both parties to the transaction are unable to handle the relevant real estate transfer procedures in person, they can only entrust other persons or intermediary companies to handle the relevant procedures. Generally, the transaction will require the parties who are unable to be present in person to issue a notarized power of attorney to handle the relevant transfer procedures for them.
3. Notarization of loan contract
If foreigners want to buy a house and need a loan, their loan contract must be notarized by the notary office. Only the loan contract notarized by the notary office will the transaction be accepted and other certificates of rights will be handled.
4. Gift notarization
The real estate gift generally needs to go to the transaction to handle the property right change. At this time, the gift agreement must be notarized, and the gift notarization fee is 2% of the total contract price.