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The real estate developer collects the payment but does not give the purchase contract.
There are 2 possibilities to classify and process:
1. The developer was temporarily suspended from signing online.
The developer was temporarily stopped from signing online by the Construction Committee for some reasons, and as long as it resumes online signing for a period of time, it can sign the contract.
2. The developer cannot sign online without getting the housing pre-sale license, and the buyer can ask to check out.
Commercial housing pre-sale license.
Information to be provided:
1. The business license of the development enterprise.
Qualifications. 2. The Planning Commission approves the project.
3. The red line map of the construction project, the site selection opinion, the planning land permit, and the construction permit of the construction project.
Planning permit for construction works.
4. State-owned land use right certificate.
Key Responsibilities:1. Responsible for the public housing of the city's units.
and directly managed public housing transaction approval.
2. Carry out policy guidance, supervision, management, coordination and service functions for the city's self-managed houses.
3. Responsible for the management of urban construction, resettlement and relocation in the city.
4. Responsible for the confirmation and issuance of certificates for urban public housing in the city, and handle the procedures for changing property rights and titles.
5. Implement the national, provincial and municipal guidelines, policies and laws, regulations and rules on the real estate industry.
The above content reference: Encyclopedia - Housing Authority.
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1. The contract is valid under certain conditions, but if you sign it with the developer, you can automatically be deemed invalid until the developer goes to the record.
2. The developer's new real estate record does not need to be signed by the owner.
Normal procedure: The developer must first go to the record, and then can have a pre-sale license, before signing a pre-sale contract with you, and then the house is completed, the house is exchanged for the purchase contract, the money is paid, and the developer goes to apply for the land certificate and real estate certificate.
Do you understand this kind of precedent relationship, those who violate the above procedural order have all kinds of problems, but absolutely no one cares, and the people have to bear their own losses and be fooled!
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The developer of the purchase contract has not been put on the record, and the developer should be urged to handle it as soon as possible, and then the buyer can first check whether the developer's five certificates are complete, whether it does not have the sales license, and the reason why it is not signed for various reasons, and the conditions for signing the contract or the developer is not qualified to sell. If you find any problems, you can check out as soon as possible.
How long does it take for a new housing authority to file?
The filing time of the purchase contract is generally within three months. The filing time can be divided into the following situations:
1. After the household signs the purchase contract, the developer will collect all the purchase contracts and hand them over to the Real Estate Administration Bureau for filing, if it is an online signing contract, it will be submitted for the record from the moment the contract is signed, and it will take about 3-5 days to handle it, if it is a paper contract, it depends on the time when the developer submits the record, and the general developer can handle it about seven days after submission.
2. If the householder's purchase method is a mortgage, after submitting the purchase contract to the Real Estate Administration Bureau for the record, all the loan information of the household must be submitted to the mortgage bank, and the loan procedures will be processed after the review is correct, which will take about 30 days. After the above is completed, the signing center will notify the tenant to come and collect the purchase contract.
3. Another situation is that your loan information is still in the state of review, if there is no problem with the audit, the bank will notify the developer to file for the record, and the residents can inquire after the record, and the loan can be released within 30 days soon, if the loan is not released after 30 days, you don't have to worry too much if you have a down payment receipt in your hand, and then wait for a while.
What are the procedures for real estate registration?
1. Housing registration and filing has been changed from the previous joint handling by the developer and the buyer to the unilateral handling by the developer; The director of the land and housing management bureau of the city or district or county shall complete the registration and filing procedures within 5 working days. At the same time, if the shared part attached to the pre-sale contract is inconsistent with the record of the shared part of the developer when applying for a sales permit in the past, the housing management department will not handle the pre-sale registration and filing.
2. The relevant new documents stipulate that, first of all, the buyer does not have to go to the housing management department with the developer for the record, but clearly stipulates that the developer is unilaterally responsible for handling the pre-sale registration and filing procedures. Secondly, the developer must go through the pre-sale registration and filing procedures for commercial housing within 30 days from the date of signing the contract with the buyer.
3. After receiving the developer's complete filing and registration materials, the municipal or district and county land and housing management bureau must complete the registration and filing procedures immediately if it receives the pre-sale contract of a commercial housing project under 10; If you receive a commercial housing pre-sale contract for a commercial housing project under 10 or 30, you must complete the registration and filing procedures within 3 working days.
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Legal analysis: According to the provisions of the Supreme People's Court's interpretation on several issues concerning the application of law in the trial of disputes over commercial housing sales contracts, if a party requests confirmation of the invalidity of the commercial housing pre-sale contract on the grounds that it has not gone through the registration and filing formalities in accordance with the provisions of laws and administrative regulations, it will not be supported.
If the parties agree that the registration and filing formalities shall be the condition for the pre-sale contract of commercial housing to take effect, the agreement shall prevail, unless one of the parties has fulfilled its main obligations and the other party has accepted it. Therefore, the failure to register and record the pre-sale sale contract does not lead to the invalidity of the contract, of course, if you and the developer agree to make the contract registration and filing a condition for the contract to take effect, follow your agreement.
Legal basis: "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Commodity Housing Sales Contracts" Article 6 Where a party requests confirmation of the invalidity of a contract on the grounds that the pre-sale contract of commercial housing has not gone through the registration and filing formalities in accordance with the provisions of laws and administrative regulations, it shall not be supported. If the parties agree that the registration and filing formalities shall be the condition for the pre-sale contract of commercial housing to take effect, the agreement shall prevail, unless one of the parties has fulfilled its main obligations and the other party has accepted it.
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The developer's refusal to file the house may be due to incomplete development procedures, unable to apply for the property right certificate in time, or secretly being re-mortgaged by the developer, one house with two owners, and the property right being divided by others.
The implementation of the housing purchase contract filing system can effectively restrain developers. It can not only prompt developers to speed up the construction of houses and handle property rights certificates according to regulations, but also make buyers more assured, and well avoid many hidden dangers brought by one house and two owners for consumers.
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If the developer does not file and register the purchase contract, it may be because there is no pre-sale certificate or other procedures are incomplete, resulting in the inability to record. If this is the case, you can apply to check out and ask the developer to compensate for the damages. If the developer has all five certificates, but has not filed and registered the purchase contract, he can file a complaint with the housing authority.
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I'm also in this situation, how do you solve it later?
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You can urge the developer to go through the procedures for housing preparation. After the general commercial housing is signed online, the developer shall file the contract, obtain the record number after being reviewed by the main gate of the relevant department, print out the contract text, sign and seal the buyer and seller, and each hold the number of copies that should be taken. After the contract is signed, a record number will be returned after the review of the real estate management department, indicating that the contract has been successfully filed.
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