Procedures for buying, selling and transferring real estate
Buying, selling and transferring real estate is one of the important and common transactions in social life. However, not everyone knows how to carry out legal procedures related to buying, selling, and transferring real estate accurately and legally. If you do not clearly understand the provisions of the law, you may encounter many risks and losses in terms of finance, time, and effort. Therefore, in this article, we will guide you through the necessary steps to carry out a successful, safe and legal real estate purchase, sale or transfer transaction.
1. Things to note during the real estate buying and selling process
To buy, sell and transfer real estate smoothly and safely, you need to note the following points:
- Find out carefully about the legal status of the real estate you want to buy or sell. You should check to see if the property is in dispute, mortgaged, has a loan, or has a construction plan. You can refer to different sources of information such as social networks, newspapers, television, Land Registration Office, local People's Committee, or ask for opinions of surrounding people.
- Find out carefully the information of the real estate seller or buyer. You should ask to see the seller's identity card, citizen identification card, household registration book, marital status certificate and documents related to the seller's rights to use and own real estate. If you buy a house in a real estate project, you should learn about the reputation, activities, and legality of the investor.
- Clear agreement on price, payment method, transaction time, and responsibilities of the parties during the real estate sale and transfer process. You should make a deposit contract to ensure your rights when trading.
- It is necessary to fully carry out legal procedures related to buying, selling and transferring real estate, including notarizing contracts, transferring red book names, and paying taxes according to regulations. You need to prepare necessary documents such as identity card, citizen identification card, household registration book, notarized contract, land use right certificate, land use right certificate and house ownership certificate. and other assets attached to land (red book, pink book) originals, and other documents as required by competent authorities.
2. Carry out procedures for buying and selling real estate according to the provisions of law
To complete real estate buying and selling procedures in accordance with the law, you need to follow these steps:
- Step 1: Sign a contract to transfer land use rights. According to Point a, Clause 3, Article 167 of the 2013 Land Law (amended and supplemented in 2018), land use rights transfer contracts (land purchase and sale) are required to be notarized at a competent authority.
- Step 2: Submit the registration application to transfer the name of the Land Use Rights Certificate at the Land Use Rights Registration Office under the District Department of Natural Resources and Environment where the land is located.
- Step 3: Receiving and checking: The Land Use Rights Registration Office under the District Department of Natural Resources and Environment where the land is located will receive the registration dossier. Based on the registration dossier, the land management agency will check and determine the location of the land plot. If the file has no problems, the management agency will send a notification to the tax authority to determine financial obligations (if any).
- Step 4: Fulfill financial obligations. After receiving notice from the tax agency, the land management agency will send a notice of payment of taxes and fees to the applicant to pay financial obligations at the tax agency.
- Step 5: Receive Certificate of land use rights. Land users need to fully submit tax receipts and registration fees to the land management agency.
Above is all the information we share about procedures for buying, selling and transferring real estate. If you have any questions about carrying out real estate buying and selling procedures or any other questions related to any other issue, please contact us via:
Address: No. 42/7 Ho Dac Di, Tay Thanh Ward, Tan Phu District, Ho Chi Minh City.
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