Cities In Henan Province Real Estate Transaction Management

Original Language Title: 河南省城市房地产交易管理办法

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(November 23, 2001 130th meeting consideration of the people's Government of Henan province on March 23, 2002, Henan provincial people's Government released 67th) first to standardize the real estate transaction, protect the legitimate rights and interests of the parties, promoting the development of real estate market and the circulation of housing stock, according to the People's Republic of China on urban real estate administration law and relevant laws and regulations of the State, combined with the facts of the province, these measures are formulated.
    Second approach applied to urban planning area in the province's State-owned land in real estate transactions and real estate transaction involves the transfer of State-owned land-use rights trading, mortgages.
    Have purchased public housing and affordable housing for the first time is publicly traded, Henan province, in accordance with the purchasing public housing and the implementation of the interim measures for Administration of the listing of affordable housing.
    Article property mentioned in these measures refers to real estate development companies and sale of real estate for sale, buying real estate and after the debut, has purchased the public housing and affordable housing.
    Real estate transactions in these measures, including the transfer of real estate and mortgages. Article fourth provincial construction Administrative Department is responsible for the management of real estate transactions in the administrative area of the province.
    Within the people's Governments above the county level administrations responsible for the administration of real estate management of real estate transactions.
    Government land administration departments at or above the county level shall, in accordance with the regulations to make the administrative land management associated with real estate transactions.
    Fifth people's Governments above the county level land and real estate management departments shall, in accordance with the relevant provisions of the housing and land are housing ownership certificates and land use right certificate.
    City, County (City) people from one department or agency is responsible for property management and land management can produce, issuing real estate ownership certificate, ownership of the House and confirmations of the houses within the land-use rights and changes are credited to real estate ownership certificate.
    Sixth people's Governments above the county level land and real estate, and other relevant departments should carry out joint work, a window to foreign, parties to a real estate transaction at the same time handle the housing ownership, land use right certificates and other transactions.
    Real estate, land administration departments above the county level people's Government when handling real estate transactions, should be based on the principle of convenient and efficient, mutual coordination, communication with the doctor, in real estate transactions within the specified time limits.
    Seventh parties to a real estate transaction may authorize an agent to agent transactions, the Agency shall issue a power of Attorney, specifically delegate permissions.
    Article eighth real estate transfer, the Parties shall enter into a real estate contract, and shall from the date of transfer of real estate contract is signed within 30th housing ownership certificates, land use right certificate holders, party identification, transfer of real estate management of contracts and other relevant documents to the leased premises sector, land administration departments to apply for transfer.
    To qualify, property management, land management departments shall, from the date of the party applying for 15th place in registrars, housing ownership certificates, issued by the land use right certificate does not meet the criteria, should be clearly responded.
    Nineth party real estate Exchange, its peer part is exempt from taxes the price, super price according to the required standard to pay taxes.
    Sold the real estate purchased within 1 year of the parties, as a real estate Exchange.
    Article tenth shared real estate, all the co-owners shall be approved by the written consent of belonging to the sale, under the same conditions, the other co-owners shall have the preemptive right.
    Transfer rental leases for less than real estate, the lessor shall be 3 months advance written notice to the lessee; belongs to the sale, in the same condition and tenant right of first refusal if the transferee is not the lessee, the lessor shall inform the assignee to leasing, the original lease contract remain valid.
    11th presale, sale shall apply to the real estate management Department of the pre-sale of licenses. After the application is received by the management of the real estate shall examine the relevant documents and information, the site survey. Reviewed in line with conditions of sale, shall, upon receipt of the application within the 7th issue of the pre-sale of licenses.
    Does not meet the conditions, and shall notify the sale person and inform the reason to not be issued.
    Without the license of real estate sale and pre-sale presale people shall be permitted. 12th the pre-sale, buyer and seller shall enter into a written contract of sale of commercial housing.
    Pre-sale shall from the date of contract signing in the 30th local real estate management departments registration. 13th real estate sale after obtaining pre-sale permit, to publish the advance advertising.
    Sale of advertising content must be true and accurate, and shall not be misleading and deceiving the public and not in line with the pre-sale item content, and shall set forth the advance sale of commercial housing number and issuing authority of the permit.
    Pre-sale person pre-sale advertising and publicity materials issued by express, the purchaser has the right to request specified in the contract of sale of commercial housing.
    14th real estate purchaser transfers of commercial housing purchased, should be documented by both parties of the contract of sale of commercial housing to the real estate management Department for registration.
    Sale shall not alter the sale contract or invoice name. 15th mortgage real estate mortgage contract shall from the date of signing by the parties in the 30th, by presenting the relevant documents to the local real estate administrative departments to apply for registration of mortgage.
    Real estate mortgage contract take effect from the date of registration.
    Mortgage contract is terminated, the Parties shall from the date of suspension in the 15th to the original registration departments for mortgage registration.
    Real estate mortgage mortgage party that needs assessment should be evaluated by assessment agencies with the appropriate valuation certificate.
    During the 16th real estate mortgage the mortgagee without the written consent of, and shall not dispose of real estate mortgage or renovation, reconstruction or expansion of real estate shall not change the use of real estate.
    Agreed by the mortgagee, mortgage of real estate may be transferred or leased.
    17th the same set two or more mortgage right in real estate, the mortgagor mortgages that have been set should be inform the mortgagee.
    Claims secured by a mortgagor shall not exceed the value of its collateral.
    After a real estate mortgage, the value of the property is greater than the balance of the secured claim, may be mortgaged again, but not in excess of the balance.
    Article 18th acts in violation of these rules, clear penalties by relevant State laws and regulations, in accordance with its provisions.
    Article 19th forging, altering the housing certificate, certificate of land ownership, respectively managed by the real estate sector, land administration departments confiscating illegal income, and may be fined a maximum of 5000 Yuan.
    20th article violates these rules, without authorization, the pre-sale, in line with conditions of real estate sale, ordered to rectify by the real estate sector, and to a fine received 1% of the sale; do not meet the conditions of sale, real estate management Department be ordered to desist from the illegal act and to a fine received 1% of the sale. 21st article real estate management sector, and land management sector and the staff, has following behavior one of of, by where units or superior competent sector give main head and directly responsibility people administrative sanctions, constitute crime of, law held criminal: (a) violation this approach sixth article provides, on real estate trading party not while handle housing ownership certificate, and land right certificate and the other trading procedures or sector staff Zhijian non tie, for other set obstacles of; (ii) violation this approach provides,
    No valid reason not to handle or not handle real estate transactions in a timely manner; (c) in violation of these regulations section 11th, without a legitimate reason not to issue the license of real estate sale.
    22nd real estate transaction disputes by the parties, can be resolved by consultation, mediation or unwillingness to mediate, pursuant to an agreement for arbitration or initiate litigation to the people's Court.
    Article 23rd on the property management sector, land administration punishment decision may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law, if no application for reconsideration does not sue nor performs the decision of administrative penalty, made the decision to apply to the people's Court for compulsory execution.
                                                                                        24th article this way come into force on May 1, 2002.