How to safely transfer property disputes
In recent years, real estate disputes have occurred frequently, especially in the real estate transfer process. Disputes arising from unclear property rights, contract loopholes or debt issues are common. How to avoid risks and ensure transaction safety during real estate transfer? This article combines the hot topics and typical cases in the past 10 days on the Internet to sort out the precautions and solutions for real estate transfer.
1. Frequently Asked Questions about Real Estate Disputes and Transfers
According to recent discussions on legal consulting platforms and social media, real estate transfer disputes mainly focus on the following categories:
| Dispute type | Typical cases | Risk point |
|---|---|---|
| Property rights are unclear | The inherited property has not been transferred and multiple people claim ownership. | The co-owners or the validity of the will have not been found out |
| Contract loopholes | The verbal agreement was not written into the contract and the seller regretted it. | Ambiguous terms or lack of liability for breach of contract |
| debt dispute | The property is still being traded after it has been mortgaged or seized | Property status not checked |
| intermediary fraud | Forging property ownership certificates to defraud deposits | Intermediary qualification not verified |
2. 5 key steps for safe transfer of ownership
1.Verify title information: Check the ownership, mortgage and seizure status of the property through the real estate registration center to ensure that the seller has the right to dispose of the property.
2.Sign a written contract: Clarify the transaction price, payment method, transfer time and liability for breach of contract, and avoid oral agreements. Recent hot cases show that electronic contracts must be authenticated by the real names of both parties to be legally effective.
3.Fund supervision: The house purchase money is held in custody through a bank or a third-party platform, and the funds are released only after the transfer is completed to prevent the seller from running away with the money.
4.Notarization of the whole process: Notarizing the transaction process, especially when non-sales transfers such as inheritance and gift are involved, can reduce the risk of subsequent disputes.
5.Register in time: Complete the real estate registration within 3 working days after completing the transfer to avoid "selling one house and two".
3. Precautions for different transfer methods
| Transfer method | Applicable scenarios | Risk warning |
|---|---|---|
| Transfer of ownership | Ordinary second-hand housing transactions | You need to pay deed tax and personal tax, and be wary of yin and yang contracts |
| inheritance transfer | Transfer after the death of the property owner | Wills need to be notarized to avoid heir disputes |
| Gift transfer | Free transfer between relatives | The recipient will need to pay 20% personal tax on future sales. |
| Court judgment transfer | Divorce or debt settlement | Compulsory processing is required with a valid judgment |
4. New policy hot spots for real estate transfer in 2024
In light of the recent new regulations issued by the Ministry of Housing and Urban-Rural Development, the following changes require special attention:
1.Popularization of electronic property rights certificates: Real estate electronic certificates are implemented nationwide, and the authenticity can be verified online during transfer.
2.Cross-border transfer supervision: Foreigners need to provide tax payment certificate when purchasing a house to prevent money laundering.
3.inheritance tax pilot: Shenzhen and Hangzhou are piloting property inheritance assessment and taxation, and the transfer costs of high-value properties may rise.
5. Expert advice
In response to the recently hotly searched case of “elderly’s property was privately transferred by children”, lawyers reminded:
- Accessible for senior citizensReal estate joint registrationorRegistration of residence rightsProtect your own rights and interests;
- Be sure to do this before tradingFamily relationship verification, to prevent fake transfer;
- When encountering a dispute, keep WeChat records, transfer vouchers and other electronic evidence, which can be used as court evidence starting from 2024.
Real estate transfer involves significant property rights and interests. It is recommended to handle it through professional lawyers or formal intermediaries to ensure that every step is legal and compliant, and to fundamentally eliminate the risk of disputes.
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