How to buy and sell a house without title deeds?

1. You can sign a house purchase agreement with him, which explains the specific circumstances, including the deposit, and his transfer commitment, etc. Agreement templates can be searched from the web. Both parties signed and pledged. It is also possible to hire a lawyer to act as a notary public.

2. You can go with him to the place where he bought the house to confirm whether the house initialization registration and filing has been completed (generally completed within 3 months after delivery), and whether there is a contract record in the contract management system software of the sales office.

3. The sales office consults the specific property right certificate issuance time, and requires the sales office to provide five certificates and two books (copies are also acceptable, and there must be seals of relevant departments). The five certificates refer to the "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", and "Commercial Housing Sales (Pre-sale) License". "Two Books" refers to the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual".

If there is no problem, basically the title deed can be obtained.

Hope it helps! I'm a property salesman myself

I hope you don't get deceived! Title deeds have been difficult to get in recent years.

Generally, homeowners have land use certificates, but no real estate certificates.

It is not uncommon for even large-scale communities to have no title deeds.

It is advisable to consider all possible situations.

Discuss a compromise with the homeowner and then decide whether to buy it or not, anyway, you can't be deceived.

How should I buy and sell a house without a real estate deed? 3 ways to teach you.

Legal analysis: It is impossible to transfer a house without a real estate certificate, and only when the transfer is made, the house can completely belong to you. Houses with only a purchase contract can also be traded, but with the following risks:

1. It is difficult to determine whether the seller has the right to ** the house, and if the seller does not have the right to dispose of the house, the sale and purchase agreement between the two parties may be invalid.

2. There are great variables in the transaction, during the period from signing the sales contract to obtaining the real estate certificate, the seller may choose to terminate the contract due to a variety of factors, such as the seller regrets the house ****, unilaterally raises the price, and does not cooperate with the transfer. In the absence of a real estate certificate, if the seller insists on breaching the contract signed by the buyer and the seller, the buyer cannot force the seller to perform the transfer procedures based on the sales contract between the two parties, and often can only recover the purchase price paid according to the contract.

3. The seller resold the house to a third party by improper means, resulting in a dispute over the ownership of the house between the two buyers.

4. Due to the developer's reasons, the seller has been unable to obtain the property right certificate, resulting in the buyer's inability to handle the transfer of ownership, and therefore unable to enjoy the right to dispose of the house.

5. It is impossible to clarify the nature of the housing land, and the nature of the land is generally the transfer of land, but if the land is allocated, a part of the land transfer fee needs to be paid for the listing transaction, which will also produce certain contract risks.

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

Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

Article 470:The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

A house cannot be bought or sold without a title deed. Article 38 of the Law on the Administration of Urban Real Estate clearly stipulates that the following real estate shall not be transferred:

1) Obtaining land use rights by way of transfer, which does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

1. The house does not have a real estate certificate.

1) For developers, the main circumstances in which the property right certificate cannot be applied for are:

1. Projects that use collectively owned land for the development of the tour stalls.

2. Projects that have not been approved or changed without permission.

3. Projects that have not obtained planning approval.

4. Change the planned project without permission.

5. Projects that change land use without permission.

6. There are disputes over land property rights.

7. Houses without sales license and property right certificate.

8. Houses that have not been inspected or unqualified.

9. The land or house has not been released from the mortgage.

10. The developer has not paid the relevant taxes and fees.

11. The land and houses were judicially seized by the relevant departments.

2. Can a house be rented out without a title certificate?

Houses that do not have title deeds can generally be rented out. If the rural house does not have a property right certificate, it can also be rented out if there is no prohibition on renting.

Article 6 of the Administrative Measures for the Leasing of Commercial Housing stipulates that houses shall not be rented out under any of the following circumstances:

1) It is an illegal construction;

2) Failure to comply with mandatory standards for safety, disaster prevention and other engineering construction;

3) Changing the nature of the use of the house in violation of regulations;

4) Other circumstances where laws and regulations prohibit rental.

According to Article 703 of the Civil Code, which came into effect in 2021, a lease contract is a contract in which the lessor delivers the leased property to the lessee for use and income, and the lessee pays the rent.

Article 704 stipulates that the content of the lease contract generally includes the name, quantity, use, lease term, rent and payment period and method of payment, maintenance of the leased property, etc.

How do I buy and sell a house without a title deed?

1. First understand the current situation of your house, and ask if you can change the name, (the amount can be said to be a relative or something, and think about how to say it yourself, because some units cannot be transferred to people other than the unit, or to issue a certificate of relatives).

2. If there is no loan, then you can pay the down payment (personal suggestion is 50% of the sales price) to you according to the provisions of the contract, and then take the buyer to go through the procedures for changing the name, and let the buyer make up the balance payment for you within the same day after the name change.

3. If there is a loan, you need to ask the buyer to contact yourself for a loan, (if it is sold through an intermediary company, you don't have to worry, the intermediary will help him handle it). If the developer says that the name cannot be changed, the only way to do so is to wait for the real estate certificate to come down and go through the transfer procedures.

What should I pay attention to in a house transaction without a title deed?

A house without a title deed is riskier when trading, and both buyers and sellers should be cautious. For home buyers, to reduce the risk, it is necessary to pay as little as possible before obtaining the real estate certificate, and can agree on the custody of funds, and should first obtain the right to use and control the house, so that the law will be inclined to the buyer.

If you must sell or buy a house without getting the real estate certificate, both parties must have a detailed understanding of the property to ensure when the real estate certificate will be obtained, and the house price will fluctuate over a period of time, it is best to agree on the standard of liquidated damages, so as to avoid one party defaulting, and at the same time, there must be psychological preparation for the risk of the transaction.

Houses cannot be bought or sold without title deeds. According to the provisions of the relevant laws of our country, houses that have not been registered to receive the ownership certificate in accordance with the law and houses with disputed ownership shall not be transferred. Real estate transfer refers to the act of transferring real estate to another person by the owner of real estate through sale, gift or other legal means.

Therefore, a house cannot be bought or sold without a title deed.

Articles 3 and 6 of the Provisions on the Administration of Urban Real Estate Transfer.

Houses cannot be bought or sold without a title deed. China implements a unified registration system for immovable property, and the property right certificate is the proof of ownership of the house.

Legal basis] Article 38 of the Law on the Management of Urban Real Estate.

The following real estate is not transferable:

1) The chain of land use rights obtained by way of transfer is slow and wide, and does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) The right to use the land shall be recovered in accordance with the Law of Sale;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where the transfer is prohibited by laws and administrative regulations.

Properties that do not have title deeds are not allowed to be traded. Because China stipulates that the purchase and sale of real estate is subject to the registration of ownership transfer (that is, the so-called "transfer"), the real estate without the property right certificate cannot be transferred, and the state does not protect the real estate transaction that does not reach the household.

Secondly, we also recommend that you do not buy this type of house Genji-dong, because without the title deed, you will not be able to take out a loan, transfer the property, or notarize it without hail, and the signed agreement will be invalid.

Third, if you can't handle the transfer without the property right certificate, then the hidden risk will be very large, but the ownership of the property is still the original owner's. For example, if the original owner divorces the property, the property will be divided, and if he has debts sued, then the property will be listed as enforceable property by the court.

Article 13 of the Regulations on the Registration of Immovable Property.

The immovable property register is kept permanently by the immovable property registration authority. Where the immovable property register is damaged or lost, the immovable property registration authority shall rebuild it on the basis of the original registration materials.

How to compensate for the demolition of a house without a title certificate.

There is generally no compensation for the demolition of a house without a title certificate, because the object of compensation for demolition is generally the owner of the house.

The compensation given to the expropriated person by the people at the city and county level who made the decision to expropriate the house includes:

1) Compensation for the value of the expropriated house;

2) Compensation for relocation and temporary resettlement caused by the expropriation of housing;

3) Compensation for the loss of production and business suspension caused by the expropriation of housing.

The people at the municipal and county levels shall formulate subsidies and incentives to give subsidies and rewards to the expropriated persons.

How to divide a house without a title deed.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Article 77 stipulates that if the parties have a dispute over a house that has not yet obtained ownership or full ownership at the time of divorce and cannot reach an agreement through negotiation, the people's court shall not make a judgment on the ownership of the house, but shall make a judgment on the use of the house by the parties according to the actual situation.

After the parties have obtained full ownership of the houses provided for in the preceding paragraph, if there is a dispute, they may separately file a lawsuit with the people's court.

Legal basis:

In this case, it is best that the developer has not filed with the housing management department.

Both the buyer and the seller can go to the developer to make a deal, that is, negotiate with the developer, sign a purchase contract, and return all the original contracts. When the time comes, it's time to pay the deposit first. It's like buying a house, and when you go to the housing management office, there will be the buyer's signature on it, and as for the bank's mortgage, the buyer will do it himself.

If the developer does not sign the purchase contract for a long time, he should urge the Kaizhou Lingshu developer to handle it as soon as possible, so that the buyer can get the relevant documents as soon as possible, whether there is the qualification to sell, whether there is the qualification to sell, whether there is any qualification, whether there is any qualification, and whether there is any qualification. If you find a problem, you can check out the bill as soon as possible.

After signing the purchase agreement, the developer will summarize all the contracts to the property management department for filing, and if it is signed online, then there will be a detailed record from the moment of signing, which can be done in about 3-5 days, while the paper one depends on the developer's filing time, under normal circumstances, it can be done in about seven days after delivery.

If it is a mortgage, then submit the purchase contract to the housing authority, and then submit all the loan information to the mortgage bank, and confirm that it is correct, before the loan can be processed, and the whole process takes about 30 days. After completing the above procedures, the real estate agent will notify the owner to come and collect the purchase agreement.

The second is that your loan is still under review, if there is no problem, the bank will notify the developer, let them register, let them know, and they will get the money within 30 days, if they don't get the money after 30 days, then don't worry.

From the joint registration of the original developer and the buyer to the unilateral filing of the developer; Within 5 working days, the registration and filing of the city's or district and county land and housing management Wang Qi Bureau will be completed. At the same time, if the public part attached to the pre-sale contract of the commercial housing does not match the public part provided by the developer in the sales permit, the housing management department will not accept it.

According to the new policy, first, buyers do not need to go to the housing management department with the developer to file with the housing authority, and the clear rule is that the developer only needs one person to go through the pre-sale registration. Secondly, within 30 days from the date of signing the contract, the developer shall go through the pre-sale registration of commercial housing for the record.

After receiving all the filing materials submitted by the developer, the municipal, district and county land and housing management bureau shall immediately handle the filing if it receives a pre-sale contract for commercial housing; If you receive 10 or 30 pre-sale contracts for a commercial housing project, you must go through the filing and registration within 3 working days.

The above is the main content of how to trade a house without a property right certificate, I believe you have an understanding of these contents, and I hope to bring you some help.