(1) The buyer and the seller establish information communication channels, and the buyer knows the overall situation and property rights of the house, and requires the seller to provide legal documents, including house ownership certificate, identity certificate and other documents.

(2) If the house provided by the seller is legal and can be traded on the market, the buyer can pay the house purchase deposit (paying the house purchase deposit is not a necessary procedure for the sale of commercial housing), and the buyer and the seller sign a house sales contract (or a house sales contract). After the buyer and the seller reach an agreement on the location, property right, transaction price, delivery time, delivery method and property right disposal of the house through consultation, both parties shall sign at least three house sales contracts.

(3) The buyer and the seller apply to the real estate transaction management department for review. After the buyer and the seller apply to the real estate management department, the management department shall examine the relevant documents, review the property rights, and grant the transfer procedures for the houses that meet the listing conditions. If there is no property right or some property rights without the written consent of other property rights, the application will be refused and the listing transaction will be prohibited.

(4) contract. The real estate transaction management department shall, according to the property right status and the purchase object of the transaction house, report to the transaction department for approval step by step according to the approval authority set in advance, and both parties to the transaction may go through the formalities for signing the deed. Beijing has cancelled the contract for the sale of real estate during the transaction, which is also commonly known as the "white deed".

(5) Pay taxes and fees. The composition of taxes and fees is more complicated, depending on the nature of the transaction house. For example, the tax composition of commercial housing such as housing reform, rebuilding and demolition, and affordable housing is different.

(6), handle the transfer of property rights transfer procedures. After the real estate transaction management department completes the registration of property right change, both parties will hand over the transaction data to the issuing department, and the buyer will apply to the issuing department for a new property right certificate with the notice of receiving the property ownership certificate.

(7) For the buyer of the loan, after signing the house sales contract with the seller, the buyer and the seller go to the loan bank to handle the loan formalities. The bank will review the buyer's credit status, evaluate the house that both parties want to trade, and then approve the buyer's loan. After the two parties complete the registration change of property rights and the buyer obtains the house ownership certificate, the bank will issue a one-time loan.

(8) After the buyer has obtained the ownership certificate of the house and paid off all the house price, and the seller has delivered the house and settled all the property fees, all the second-hand house sales contracts of both parties have been fulfilled.

Second, second-hand housing transactions need to pay taxes and fees.

1, business tax (5.65% paid by the seller)

2. Individual income tax: (65438+ 0% of the total transaction amount or 20% of the difference between two transactions)

3. Stamp duty: (tax rate 1‰, equally shared by the buyer and the seller)

4. Deed tax: (basic tax rate is 3%, preferential tax rate is 1.5%, 1% is paid by the buyer)

5. Surveying and mapping costs

6. Total transaction costs of second-hand houses

7. Registration fee: (fee)

8. VAT

In the process of buying and selling second-hand houses, the following provisions must be observed:

1. The real identity of the owner must be confirmed before the second-hand house transaction.

Before signing a contract, buyers and sellers should first check the authenticity of the signing subject, mainly to verify the identity of the owner. Therefore, the authenticity of the owner's certificate and its consistency with the owner's identity are the prerequisites for signing a sales contract, especially when the buyer and the seller conduct their own transactions without the intermediary guarantee of a third party, which needs to be paid attention to by both buyers and sellers.

2. When signing the second-hand house sales contract, both parties must specify the liability for breach of contract.

The proportion of liquidated damages is clearly stipulated in the second-hand house sales contract, but there is no specific agreement on the payment time, which will cause the defaulting party to delay the payment time accordingly and reduce the actual binding force and execution of the terms. Therefore, the clause that "the buyer shall pay liquidated damages to the seller (the buyer) within _ _ _ days from the actual payment date (the actual delivery date of the seller) should be added in the contract to ensure the final implementation of the contract terms.

3. Time of payment and transfer must be indicated.

Many second-hand housing transactions are not one-time payment, but installment payment. Therefore, the seller needs to know the buyer's payment time, and the payment time of the final payment depends on the date of property transfer, so the buyer has the right to know the time of property transfer. Overdue, the breaching party should implement the liability for breach of contract in the housing sales contract according to the actual situation.

4, must indicate the second-hand housing related expenses handover time.

This is a subsidiary issue of the house itself that the buyer should pay attention to, and it is an important clause in "house delivery". Need to indicate the delivery date of water, electricity, gas, property, heating and other expenses. Because a clear handover time is the key to a clear division of responsibilities, at the same time, if it is a public housing transaction, the payment time and standard of property, heating and other expenses, whether the original owner unit has established requirements and changes, the cooperation that the seller needs to do, and the agreement that the buyer needs to sign must be clear in the contract.

Refer to the above contents: Baidu Encyclopedia-Second-hand Housing Transaction, Baidu Encyclopedia-Second-hand Housing Transaction Process.