Can I buy a relocated house, and do I have a real estate certificate?

Can I buy a relocation house? It is not recommended to buy a relocation house, and quality and property rights are things to pay attention to.

Not all relocated houses have real estate certificates, which are divided into two situations: 1. If there is a real estate certificate before demolition, the relocated house has a real estate certificate; 2. If there is no real estate certificate before the demolition, there is no real estate certificate for the relocated house.

Relocation housing, like commercial housing, can apply for the relocation housing ownership certificate by yourself. The documents that must be submitted for the real estate certificate of the relocated house: the house demolition and resettlement agreement, the old house demolition price certificate, the original house ownership certificate, the "agreement to pay for the maintenance of public facilities and equipment in the common parts of the residence", and the ID card.

Relocation houses, like commercial houses, have real estate certificates, and relocated houses with real estate certificates can be listed and traded.

Houses that have been registered with a title registration certificate can be bought and sold.

1. When signing the contract, it is necessary to pay attention to determine who bears the relevant taxes and fees. In particular, it is worth noting that the sale and purchase of relocated houses involves the payment of taxes and fees twice: one is the tax that the original owner needs to pay when obtaining the house ownership certificate, and the other is the tax generated when the original owner transfers.

2. When trading, buyers should prevent one house from being sold twice.

3. Be sure to agree on the time of real estate transfer and delivery, and when signing the agreement for the sale and purchase of the relocated house, it is necessary to indicate how many procedures for the transfer of house ownership from the date of obtaining the real estate certificate.

4. The buyer should keep the balance payment. There are many risks in buying and selling a house without a real estate certificate, if the buyer has a balance payment (a large amount of money is a good one), and the seller believes that the default income is less than the balance payment, the buyer's chance of default will be greatly reduced.

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The relocated house is the house that the developer pays to the relocated households when the land is expropriated, which is equivalent to the compensation house obtained from the demolition. If the owner has the title deed, such a house can be bought, because it is very secure, and the buyer does not need to worry. If the owner only has the return agreement given by the developer, the buyer needs to have an extra eye and cannot buy easily, otherwise he will endure a lot of problems.

If you particularly want to buy, you can take the return agreement to the notary office for notarization, and then get the real estate certificate, so that the transfer transaction can be carried out.

Now there are more second-hand relocation houses on the market, basically accounting for 10% of the share. Therefore, the house you buy may be a relocation house, but the owner has the real estate certificate in his hand and can go through the real transfer procedures, and it will not let you know that the house is a relocation house. As long as you have a real estate certificate, you don't need to worry about how you got the house.

Because this title deed is recognized by and supervised by the Housing Authority. If you have been damaged in the process of buying a house, you can protect your legitimate rights and interests with the help of the staff of the real estate bureau, and there will be no way to complain.

Now let's focus on the second situation, which is that there is no real estate certificate, only a return agreement. This kind of agreement is a private commercial agreement between the developer and the owner and is not endorsed by the Housing Authority. You can also sign a purchase agreement with the landlord in private, but it has no legal effect, and you may not be able to really move in after buying the house, and the other party may run away with the money.

For example, if the house belongs to the husband and wife, but because of the discord with the wife, he sells the house without permission, then you may get into a lawsuit, and there is no way to live in the new house. Therefore, it is not possible to have a purchase agreement, and the real estate certificate must be obtained through notarization, so that the sale and purchase transaction can be carried out.

It's not that there is a lack of trust between people, it's just that many people have suffered losses, so you must have a real estate certificate to buy a house.

I think it is possible to buy a relocation house; The relocation house does not have a real estate certificate within 5 years, and China's state stipulates that the relocation house is restricted from listing and trading within 5 years, and the house that has not obtained the house capital is not allowed to be listed and traded, because the safety of the transaction cannot be guaranteed, whether it is electricity, water supply, heating, gas, etc., the delivery date needs to be determined.

The relocation house can be purchased, but try not to buy it, the relocation house has a real estate certificate, but the relocation house will also have a lot of disputes, especially troublesome.

In our country, resettlement houses can be bought. The requirement for the relocated house to be bought and sold is that the owner has obtained the real estate certificate and can trade normally, and the relocated house with the real estate certificate can go through the normal process of second-hand sale or lease transaction, and the owner can not transfer the ownership only if the relocation agreement is in his hands. Relocation housing, like commercial housing, has a real estate certificate.

Legal analysis: Yes, it is a private transaction and an illegal act to carry out the sale and purchase of a shack house without obtaining the property rights of the house, even if it is notarized at a notary office, it is not protected by law, and the original relocated households can also recover their own real estate. Therefore, the transaction of the relocated house without obtaining the real estate certificate is invalid and not protected by law.

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; It shall not be effective unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Demolition and resettlement houses have real estate certificates. The relocated houses obtained through the formal demolition procedure have three certificates, including the real estate certificate, including the house ownership certificate, the house deed and the state-owned land use certificate. Relocation houses are houses built for the resettlement of demolished households, which can be approved by the county-level planning department and reported to the real estate administrative department for registration in accordance with the law, and can obtain a house ownership certificate recognized by the state.

[Legal basis].Article 3 of the Regulations for the Implementation of the Land Management Law.

The State implements a system of land registration and issuance of certificates in accordance with the law. The ownership and use rights of land registered in accordance with the law are protected by law and may not be infringed upon by any unit or individual. The content of land registration and the style of land ownership certificate shall be uniformly prescribed by the land administrative departments.

Land registration information can be searched publicly.

Article 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.

The concept of demolition and relocation is the material of China's special demolition policy. In the case of compensation and resettlement for demolition, the method of monetary compensation is adopted, and there is no difference between the purchase of commercial housing by the demolished person with the compensation money and the purchase of commercial housing by ordinary people, all of them are paid to buy the house, and the identity of the buyer is the same. Adoption refers to relocation housing.

The method of compensation, demolition and resettlement housing is not a commercial and residential building.

It cannot be used as a commercial house**, and the demolition house does not have a real estate certificate.

, the relocated households only have a relocation agreement in hand.

It is explained that at that time, under the case of collective land expropriation by real estate developers, a certain percentage of houses were allowed, but this was only a kind of commercial service agreement signed privately between the demolished households and real estate developers.

The house for which compensation was made was not granted to the Housing Authority.

Therefore, it is impossible to apply for a reasonable and legal property right certificate. There is no certificate of eligibility for title deeds.

Naturally, it is not possible to carry out a listing transaction, and if the buyer and the customer buy and sell the transaction without taking ownership of the home, it is a private direct transaction.

is not an illegal personal act. The owner of the house only has the relocation agreement in the hands of the real estate developer, and has not obtained the title certificate of the demolished house.

This kind of demolition house needs to pay more attention in the case of purchasing, because this kind of house without real estate certificate can not apply for transfer procedures, the house seller in the hands of the relocation agreement is only the house holder and the real estate dealer between the commitment, this agreement has not been recognized by the real estate authority, so in the case of the sale and purchase transaction, should be in the notary public to do the corresponding sale and purchase notary office.

Notarization. <>

Wait for the house ownership certificate to come out before you can handle the transfer. You can buy it if you have complete procedures, whether you buy commercial housing, demolition housing, or housing for sale, affordable housing.

You need to look at the formalities, go to the real estate bureau to check the register, to see if there is a problem with the procedures, this is a must, the real estate bureau has passed, there is no problem, the demolition house is nothing more than the commercial and residential building type, the distance between the building is also located, and there is no same residential community.

The commercial and residential buildings are good, the quality is not as good as the product, and there may be a certain shrinkage in the total area, and there is no difference between others.

It is possible to buy a relocation house, but the relocation house does not necessarily have a title deed.

It is possible to buy. There are title deeds. Demolished houses listed on the second-hand market account for about 10% of the entire second-hand market.

These demolished houses are generally divided into two situations: one is that the owner already holds a property ownership certificate; The other is that the owner only holds the relocation agreement. As the first case, that is, the owner has obtained the "Title Certificate" of the commodity community.

These relocated homes can be used for second-hand sale or rental transactions, as the Title Deed is recognized and regulated by the Housing Authority during the second-hand transaction. Therefore, the demolished house with the "real estate certificate" can be transferred and renamed on the exchange, which is very safe for buyers and does not have to worry about other things.

It is better not to buy a relocation house. The relocation house has a real estate certificate, but the relocation house may have a lot of disputes, and the quality of the relocation house is not particularly good.

OK. 1. What are the categories of relocated houses 1. The original house is private property, and the house obtained after relocation is a large property right (full property right). After obtaining the real estate book, this type of house can go to the regional trading center to transfer the ownership directly.

2. The original housing is public housing, and after the relocation, the small property rights (affordable housing property rights) can only be listed and traded after 5 years from the date of relocation, and the transfer cost is high. 2. Whether the relocated house can be bought and sold needs to be divided into different situations: 1. The owner has obtained the real estate certificate and can be traded normally The relocated house with the real estate certificate can go through the normal process of second-hand sales or leasing transactions.

Because in the process of second-hand transactions, the real estate certificate is recognized by the housing authority and supervised by it. 2. If the owner only has the relocation agreement in his hand, he cannot transfer the ownership If the owner only has the developer's relocation agreement in his hands, he cannot transfer the ownership and change the name in the real estate transaction center when doing the second-hand housing transaction. As the relocation agreement was only a private commercial agreement between the owner and the developer, it was not endorsed by the Housing Authority.

3. The difference between relocated housing and commercial housing: First, in terms of housing prices, there is a difference between commercial housing and demolition housing, and commercial housing can be listed immediately; The relocation housing enjoys the preferential treatment of the national policy, excluding the land transfer fee, which is relatively low. Second, the relationship between the buyer and seller of commercial housing and relocated housing is different, and the basis for the purchase of commercial housing is the "Commercial Housing Sales Contract" signed by the developer and the buyer, and the price of the house is stipulated in the contract; The basis for the purchase of demolition and resettlement houses is the "demolition compensation agreement" signed between the demolition unit and the person being demolished, which is stipulated in the agreement.

According to Article 44 of the Law of the People's Republic of China on the Administration of Urban Real Estate, the pre-seller of commercial housing shall, in accordance with the relevant provisions of the state, submit the pre-sale contract to the people's real estate management department and land management department at or above the county level for registration and filing.