How to Sell Prefabricated Houses

The sale of prefabricated houses must follow legal and compliant procedures, with specific steps outlined as follows:

I. Preparation Before Sale

1. Confirm Property Rights Legitimacy

   • The seller must be the lawful owner of the house, free from property disputes or legal restrictions (such as mortgages or seizures). If the house is jointly owned, written consent from co-owners holding more than two-thirds of the shares (in the case of divided co-ownership) or all co-owners (in the case of joint co-ownership) is required.
   • If the house is a self-built prefabricated structure, confirm that the land nature (such as homestead or collective construction land) meets trading conditions to avoid contract invalidity due to land restrictions.

2. Prepare Necessary Documents

   • Basic documents: registration application form, identification proof, and real estate ownership certificate (such as a property title deed). If the property title deed has not been issued, alternative solutions must be selected based on the situation:
     • Sign a letter of intent or pre-sale contract, specifying the time for property title deed issuance and conditions for property rights transfer;
     • Use a third-party fund escrow account to ensure transaction security.
   • Special documents: If the house is jointly owned, provide written consent from co-owners for the sale; if a loan is involved, provide written consent from the bank for the transfer.

II. Signing the Sales Contract

1. Clarity of Contract Terms

   • The contract must include core terms such as house基本信息 (address, area, structure), price, payment method (full payment/installment), delivery time, and liability for breach of contract. If the seller is multiple people, all co-owners must sign and confirm.
   • If the property title deed has not been issued, it can be agreed that "the property transfer will be completed within X days after the property title deed is issued," and specify liability for delayed issuance (such as paying a penalty or terminating the contract).

2. Fund Security Guarantee

   • It is recommended to transfer the house payment through a bank or third-party escrow account to avoid risks associated with direct payment.
   • If the house has a loan, agree on a timeline for the seller to clear the loan or have the buyer repay the loan on behalf of the seller and then cancel the mortgage.

III. Handling Property Transfer Procedures

1. Property Title Deed Issued

   • Both the buyer and seller bring the required documents to the real estate registration authority to submit an application. After paying taxes such as deed tax (paid by the buyer) and personal income tax (paid by the seller, exempt if the property has been held for five years and is the seller's only property), the buyer receives the new certificate.

2. Property Title Deed Not Issued

   • Wait for issuance and then transfer: This involves higher taxes (such as value-added tax) and time costs, suitable for buyers who accept a long wait.
   • Direct name change: The seller must clear the bank loan, cancel the mortgage contract, and then have the developer and buyer re-sign the contract and file it (applicable only to pre-sale houses with outstanding loans).
   • Contract transfer: If no mortgage has been processed, negotiate with the developer to change the purchase contract, with the buyer re-signing the contract and filing it.

IV. Follow-up Matters

1. House Delivery and Transfer
   • Deliver the house as agreed in the contract and handle the transfer of utilities such as water, electricity, gas, and property management to avoid lingering disputes.
2. Verification of Sales Restrictions
   • If transferring a pre-sale house, verify local sales restrictions in advance (such as not being allowed to transfer within X years after obtaining the property title deed) to avoid actions not protected by law.

Recommendation: Consult a professional lawyer or intermediary agency before the transaction to ensure the process is legal and compliant and to reduce risks.