Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
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Article author:Yingting Lawyers Group | Update time:2023-06-30 | Reading times:196
Notarization of the real estate certificate without transfer has no legal effect. Notarization only has legal effect on the agreement. If you choose house notarization for second-hand housing transactions instead of direct transfer, you usually want to pay less business tax. It may also be because the house itself does not have a title certificate or other problems. The risks of house sales only being notarized but not transferred are as follows:
1. Due to the large increase in the value of the house, the seller may ask to cancel the transaction.
Although the contract has been signed and notarized, the court may not determine that the house belongs to the buyer when deciding such a dispute.
2. House rights are restricted. For example, due to civil lawsuits and criminal penalties, the owner of the house is seized and mortgaged, and the seller cannot fully exercise his rights. Such houses may be confiscated and auctioned, and the buyer can only ask the seller to return the principal and interest.
Beijing Yingtong Law Firm specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition, and has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.
Legal basis: Article 18 of the "Rules of Notarization Procedure" When applying for notarization, a natural person, legal person or other organization shall submit the following materials:
(1) The identity certificate of a natural person, the qualification certificate of a legal person and the identity certificate of its legal representative, the qualification certificate of other organizations and the identity certificate of the person in charge;
(2) If you entrust another person to apply on your behalf, the agent must submit a power of attorney from the party concerned, and the legal agent or other agent must submit proof of agency authority;
(3) Documents applying for notarization;
(4) Certification materials for the matters applied for notarization. If property relations are involved, relevant property rights certificates must be submitted;
(5) Other materials related to the matters applied for notarization.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer at Beijing Yingting Law Firm for one-on-one online consultation.
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