What's the use of real estate notarial certificate

Question 1: What is the use of real estate notarization? Property notarization is a common notarization business with a wide range of contents, including: notarization of property sales contract, property lease contract, property mortgage contract, pre-sale contract, property inheritance, property gift, property transfer agreement, property exchange agreement, property infringement agreement, house demolition (compensation and resettlement) agreement, property right confirmation, power of attorney involving property, will and legacy support agreement involving property, etc.

Property belongs to property. According to the Provisional Regulations on Notarization and the Rules of Notarization Procedure (Trial), the notarization of real estate should generally be under the jurisdiction of the notary office where the real estate is located; Foreign-related and Hong Kong and Macao-related real estate notarization shall be under the jurisdiction of the notary office approved by the Ministry of Justice to handle foreign-related notarization business; The notarization of Taiwan-related real estate is under the jurisdiction of the notary office designated by the judicial departments (bureaus) of all provinces, autonomous regions and municipalities directly under the Central Government.

In order to further promote the development of real estate notarization and continuously improve the quality of real estate notarization, the Ministry of Justice held the "National Conference on Real Estate Notarization" in Harbin, Heilongjiang Province in August, 1990. Responsible comrades of the real estate department of the Ministry of Construction, local judicial departments (bureaus) and some local notary offices and housing management departments attended the meeting. The meeting comprehensively summarized the experience of notarization institutions in handling real estate notarization, put forward the policy of further strengthening and developing real estate notarization business, and formulated specific measures to better provide legal services for the development of the real estate market and the reform of the housing system. After the meeting, the Ministry of Justice and the Ministry of Construction jointly issued the Joint Notice on Strengthening the Registration and Notarization of Real Estate.

The Joint Notice on Strengthening Notarization in Real Estate Registration Management is an important legal document jointly issued by the Ministry of Justice and the Ministry of Construction for notarization of real estate on1991August 3 1. The "Notice" stipulates: 1, the inheritance and gift of real estate, the parties should first handle the notarization of inheritance and gift, and then go to the real estate management department to handle the registration procedures for the transfer of real estate ownership with the notarized certificate and related deeds; 2. The testator's will to dispose of real estate shall be notarized. 3, foreign-related and Hong Kong, Macao and Taiwan-related real estate ownership transfer behavior, must be notarized, and then to the real estate management department for real estate registration and other administrative procedures; 4. Local real estate management organs and judicial notarization organs may, according to local actual conditions, formulate provisions that other real estate matters in the region must be notarized; 5. Notarization and real estate registration procedures. The notice shall take effect on 199 1 year 1 kloc-0/month1day.

Housing is an important means of production and living, which is of great significance to citizens' life and social production. In order to promote the healthy development of the real estate industry, standardize legal acts involving real estate, stabilize the real estate market and housing management order, prevent real estate disputes, reduce lawsuits, protect the legitimate rights and interests of the state, collectives and citizens, and give full play to the role of notarization as a legal means in real estate management. In addition to the Joint Notice on Strengthening the Notarization of Real Estate Registration Management, the state and local governments have stipulated in a series of laws, regulations and rules that legal acts and facts involving changes in property rights and forms of houses, and the handling of foreign-related and Hong Kong, Macao and Taiwan real estate must be notarized. For example, the State Council's "Several Provisions on the Management of Private Houses for Foreigners" stipulates that the relevant documents of house ownership registration or transfer, change registration and entrustment procedures must be notarized. The State Council's "Regulations on the Management of Urban House Demolition" stipulates that the compensation and resettlement agreement in house demolition can be notarized. If the demolition department is in charge of house demolition, the compensation and resettlement agreement must be notarized. Demolition of escrow houses, houses with property disputes, houses where the mortgagor and the mortgagee have not reached a new mortgage agreement within the prescribed time limit, the notary office shall handle the evidence preservation. The Ministry of Construction's Interim Measures for the Registration of Urban Housing Ownership stipulates that if others are entrusted to handle the registration of housing ownership, the power of attorney shall be notarized by a notary office. Specialized banks stipulate that mortgage loan contracts or mortgage guarantee documents involving house mortgage should be notarized by notary organs. Many local laws and regulations also stipulate that the inheritance, donation, production analysis, sale, transfer, mortgage and lease of private houses, and the pre-sale, sale, mortgage, transfer, inheritance, donation and exchange of commercial houses and employee houses in the housing system reform must be notarized. If necessary, please chat with QQ as a friend.

Question 2: What is housing notarization used for? Real estate notarization refers to the activities of notary organs to prove the authenticity and legality of legal acts, facts and documents related to real estate according to the application of the parties. Although real estate notarization is not a necessary part of real estate transaction, after the examination of the notary office, the parties can avoid many risks, and the notarized purchase contract or agreement can directly apply to the court for execution.

Question 3: What role can the real estate license play in notarization at the notary office? A general notarial certificate only proves that the certificate is true or the copy is consistent with the original. If it is a notarized real estate license and it is used in China, as long as there is an original, the notarized real estate license will not play any role (the copy is the same as the original, so it is not convenient to take out the original and notarize it), and generally it will not give you a permit. However, you need to handle some other notarization related to the property (generally related to its sale, owner change or share change) or ask you to provide the real estate license and leave a copy in the notary office to prove that you have the right to deal with the property. When going abroad, you will ask for a notarized real estate license when you need proof of property. This is to prove your personal property.

Question 4: What is the role of the Housing Management Office in notarizing the contract you signed? Even if there is a civil dispute in the future, it can increase the credibility of the contract. It is recommended that your loan mortgage should not be operated like this. You can try this. The property in his name is directly mortgaged in the bank, and the mortgaged money still belongs to him, which means that you have paid off your debt. The real estate license is your name. Specific procedures can try to consult the second-hand housing trading company. According to your own judgment, the bank is still highly credible.

Question 5: What role does real estate notarization play? Real estate notarization refers to the activities of notary organs to prove the authenticity and legality of legal acts, facts and documents with legal significance related to real estate according to the application of the parties. Although real estate notarization is not a necessary part of real estate transaction, after the examination of the notary office, the parties can avoid many risks, and the notarized purchase contract or agreement can directly apply to the court for execution. Incorporating notarization into the system of real estate management activities will make notarization a necessary procedure for real estate transactions, which will promote and guarantee the healthy development of the real estate market and the protection of the legitimate rights and interests of traders. (1) Notarization can guarantee the authenticity of real estate transactions. The authenticity of a civil act has two meanings: first, the actor did carry out the act; Second, the actor's behavior is the expression of his true meaning. In real estate transactions, there is basically no problem for traders to conduct transactions in person, and even if there is a problem, it is easy to be found and corrected; The problem is that the trader's behavior is based on his misunderstanding of the transaction. China's General Principles of Civil Law and Contract Law stipulate that a contract signed by the parties due to a major misunderstanding or a contract signed under the condition of misunderstanding due to fraud is not a true expression of will and belongs to a revocable civil act. Accordingly, in real estate transactions, the buyer signed the pre-sale contract of commercial housing based on the untrue propaganda of the real estate agent, and the transferee signed the house transfer contract because he was unaware of the defects of the house, which is not true. However, this situation exists in a large number of real estate transactions at present. Just because most parties are unfamiliar with the law, they mistakenly think that they can't change the fait accompli by signing and sealing the contract. Therefore, there are not many cases of bringing a lawsuit to the court to cancel the transaction. With the further popularization of social legal knowledge and the further expansion of lawyers' business, lawsuits in this area will definitely increase greatly. However, if the real estate transaction is notarized, such problems can be effectively avoided through the strict and meticulous inquiry, notification, examination procedures and evidence preservation measures of the notary office, so that traders can exchange relevant information honestly and in detail, express their opinions comprehensively and concretely, and ensure the authenticity of the expression of will. (2) Notarization can guarantee the legitimacy of real estate transactions. Real estate transaction involves many laws, and its behavior is regulated not only by special real estate laws, regulations and rules, but also by general principles of civil law, contract law, guarantee law, inheritance law, marriage law, company law and other laws. To ensure that the real estate transaction is legal, the most difficult thing is to ensure that the transaction does not conflict with any legal provisions. Most traders can't have such a high legal level. Taking notarization as a necessary procedure for real estate transactions, allowing professional legal persons who have the ability to fully grasp and correctly understand relevant laws and regulations to examine the transaction behavior can ensure the legitimacy of the transaction behavior.

Question 6: Is the notarization of real estate still useful? The property right of the house depends on the name of the registrant of the real estate license. What is notarized is the agreement.

Any agreement and notarization does not mean the transfer of housing property rights.

As long as there is no new property right certificate, the property right of the house still belongs to the original owner.

Question 7: What does the property certificate do and what is its function? 1. What's the meaning of the property certificate? I hope you can be more specific;

2, the specific role, the value of notarization is to prevent disputes, prevent litigation, and safeguard the legitimate rights and interests of the parties;

Question 8: The role of real estate notarization. The signing and notarization of the sales contract can only show that the contract is legal and the creditor's rights are established, but it cannot show that the property is yours and you have no right to dispose of it. The Property Law stipulates that real estate (houses and land) must be registered before property rights can be established (except in special circumstances). If he reports the loss of the real estate license and sells it to others during this period, others can obtain the property right of the house in good faith. The head of the household is right. The house has not been bought for five years, and the transfer fee is too high. (1) income tax: the property right of the house is exempted for five years, and it is paid at 1% of the house price or 20% of the difference between the original value and the present value of the house in less than five years. (The original value of the house is generally calculated according to the last deed tax).

(2) Business tax: the property right of the house shall be exempted for five years, and 5.5% of the house price shall be paid for less than five years. Seller's promise

Question 9: What is the function of notarization of real estate license? The notarization of real estate license is used to prove the authenticity of the house ownership certificate. In the practice of notarization, it is often used as a guarantor to prove the guarantee qualification to foreign institutions when studying abroad, visiting relatives or on business trips.

Question 10: Is the notarization of real estate gift useful? What I want to say is that I want to be simple and not spend too much money, but I can achieve the same goal. I only go through the relevant formalities of gift notarization (only the notarized certificate with seal is reserved in the end), and I don't go through the transfer formalities in the lobby of the real estate transaction center. 1. Generally speaking, it is necessary to give justice and go through the transfer procedures when transferring property between immediate family members, but at present, we can't afford that much money, so we have only done half of it, that is, it is only notarized, but it is still legally effective. 2. Does the notarial certificate signed by the notary office have the same legal effect if it is not transferred? 3. Will the notarial certificate expire with time? No matter how long it takes. After doing this, can I be exempted from inheritance tax with gift certificates after my parents die? And when you need to buy or sell, you can transfer the ownership directly with the notarial certificate? 5. Do immediate family members need notarization? Or just rely on gift notarization? 6. How much does it cost to notarize the transfer? Related links: How much should I pay for the house gift tax? Current house 104, market price 165438+ ten thousand. (1) Is the notarization fee calculated according to the amount per square meter or the percentage of the house price? What is the percentage? (2) The transfer fee is based on the above 1%+ 1.5%? Or something else? Supplementary question: 1. I heard that direct transfer should also consider whether to pay business tax. Under what circumstances can I avoid tax? Can I transfer the ownership directly without paying business tax? After notarization, I enjoy the creditor's right to the donor. Does it mean that once you have money to transfer ownership in the future, you only need to hold a notarial certificate to handle it? 3. After notarization, does it mean that the donor is about to leave the ownership of the house? That is, the donor withdrew from the property right? 4. Because of my family condition, I am very concerned. Is the notary fee expensive? Can you tell me? I live in Beijing, and you need experts to give you detailed answers. The short answer is as follows: 1\ However, notarization only has legal effect, and the meaning of effect is different. Notarization only means that you have creditor's rights to the donor, and transfer means that you have property rights to the house. Anyway, the house is not yours. 2\ Same as the first question. 3\ Notarization has different validity periods according to notarization contents. Your gift contract is not specified, and it should be valid for a long time. If you don't take the inheritance, you will definitely lose it. You can sell it in your name, otherwise you can't transfer it. 5. I don't know what the notarization of relatives is. Relatives are the same as usual, nothing special. If you want to prove kinship, just take a household registration book or something. 6. The cost varies from place to place. A: Donors are required to provide the following materials: 1, and identity documents of donors (such as resident identity cards and passports). ); 2. Real estate license; 3. If the donated property belongs to both husband and wife, both husband and wife should personally apply to the notary office or provide a notarized statement of consent for the spouse to donate property. 4. If the donated property belongs to * * *, someone should * * go to the notary office for notarization or provide a notarization consent * * * a statement that someone donated the property. 5. Other materials that should be provided. B: The donee shall provide the following materials: 1, and the donee's identity documents, such as resident identity cards and passports; 2. Other materials that need to be provided: C: Charging standard: 2% of the donation amount is charged for the property donation procedures. Step 1: The donor and the donee conclude a written contract for house donation, that is, a donation letter. 2. The donee shall pay the deed tax according to the Provisional Regulations on Deed Tax with the original house ownership certificate and gift certificate, and obtain the deed certificate. 3. notarization. According to the Joint Notice on Strengthening Judicial Justice of Real Estate Registration Management, the gift of real estate must be notarized. 4. Go through the registration formalities of house ownership transfer. When the donee who accepts the donated real estate applies to the real estate management department for change registration, he shall submit the following documents at the same time: ① an application; (two) the identity documents of the parties; ③ Original real estate title certificate; 4. Gift certificates and notarial certificates; 5 deed tax receipt 5. The donor delivered the house to the recipient. The title of "delivery" here should be the transfer of property rights: is the property donated by immediate family members tax-free? How to fill in the price? Text: I'd like to ask, can gifts given by immediate family members and spouses be exempted from personal income tax ... >>