Sign a house sale, the house does not have a real estate certificate, but there is a land use certif

Boss. You are offering a reward of 500 yuan, and no one can help you solve it.

Consult a lawyer.

The contract is actually a loan contract for private financing to loan sharks to developers to guarantee the final repayment, which is not complicated, but it is complicated for you to have selfish intentions and conceal the complexity of the project, which is estimated to be in the process of applying for approval and construction, or has been reported for construction and has entered the construction period, and the project is under construction. At present, the builder has financial difficulties to borrow money from the so-called buyer at a monthly interest rate of 3 cents, and if the developer cannot repay the principal and interest within 2 years, it will sell the commercial house in the real estate under construction to the borrower, and the loan owed will be used as the purchase price; If the developer repays the principal and interest within 2 years, the responsibilities and obligations of both parties in the loan contract have been fulfilled, the contract will be terminated naturally, and the mortgage guarantee will be released. If it is basically true, it is not difficult to legalize it, but the intention should be clearly stated and the contradictory mistakes above should be corrected, such as:

If the interest rate exceeds the bank's interest rate for the same period by more than 4 times, the court will not support it; After the full amount of the payment is paid, the contract shall be automatically terminated or automatically terminated; The 3-month breach contract takes effect immediately, and the contract has always been in effect; If liquidated damages are calculated at 30% of the total amount of the loan, they may not be supported by the court because the fines are too high to repay, etc., and the following is recommended:

1. According to the pure loan contract, the interest should not be higher than 4 times the bank interest, and you can only think of another way if you exceed 4 times (this is not difficult, it is very flexible).

2. Note that if the legal representative of the company borrows money in the name of an individual or other third party, you should also use the developer with the right to use the land as the guarantor, and use the commercial housing under development as the final repayment guarantee, and agree on what default conditions the borrower meets, the borrower has the right to purchase the designated commercial housing according to the agreed **, and the borrower's outstanding loan principal and interest will be offset as the purchase price. If the developer borrows directly, it should also be written in the loan contract that the principal and interest of the loan owed will be offset as the purchase price, that is, the commercial housing under construction will be used to repay the principal and interest owed according to the agreement.

3. It can also be agreed that the land ownership shall be one of the mortgage guarantees for repayment, and the land ownership shall be registered as other mortgages. At the same time, it is necessary to agree on the circumstances under which the borrower defaults, the lender can start the repayment of the land ownership, and give the borrower or its designated third party the transfer of the land ownership as agreed, and the difference between the land transfer money and the outstanding principal and interest of the loan shall be refunded and the deficiency shall be compensated.

4. You should consider the other unfinished matters carefully.

5. Before negotiating the above-mentioned loan contract matters, you should also check whether the approval documents and procedures for the approval and construction of the project are complete, what step the project has progressed to, what certificates are still missing and the reasons, how and why the project construction is prepared, the funding gap and the solution. Only after understanding the project can we judge whether the loan is safe and avoid risks.

6. Finally, the contract must be notarized at the notary office.

Houses cannot be bought or sold without a land use certificate. The developer has not obtained the land use right certificate, nor can it carry out the sale of commercial housing. According to the provisions of Article 38 of the Law on the Administration of Urban Real Estate, the following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, and the conditions provided for in Article 39 of this Law are not met; (2) Where judicial or administrative organs make rulings or decisions 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. Article 38 of the Law on the Administration of Urban Real Estate provides that the following real estate shall not be transferred: (1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions 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.

Houses cannot be bought or sold without a land use certificate. The developer has not obtained the land use right certificate, nor can it carry out the sale of commercial housing.

According to the provisions of Article 38 of the Law on the Administration of Urban Real Estate, the following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, and the conditions provided for in Article 39 of this Law are not met;

(2) Where judicial or administrative organs make rulings or decisions 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. Can I buy or sell a rented house?

Houses that have already been rented out can be bought and sold. According to Article 725 of the Civil Code, which came into effect in 2021, if the ownership of the leased property changes during the period of possession of the lessee in accordance with the lease contract, the validity of the lease contract shall not be affected. Article 38 of the Law on the Administration of Urban Real Estate stipulates that the following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, and the conditions provided for in Article 39 of this Law are not met; (2) Where judicial or administrative organs make rulings or decide to seal up or restrict real estate rights in other forms 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 in accordance with the law to receive a certificate of ownership of Shen Shengchai; (7) Other circumstances in which laws and administrative regulations prohibit the transfer.

2. Can the relocated house be transferred if the real estate certificate has not been registered?

It cannot be transferred without a registered title deed. The following real estate shall not be transferred: (1) the land use right is obtained by way of transfer, and the conditions prescribed by law are not met; (2) Where judicial or administrative organs make rulings or decisions 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.

No, theoretically, second-hand houses generally need three certificates to be traded, and they cannot be traded without a land certificate. However, in practice, some houses can still be transferred. For second-hand housing transactions in non-urban areas, three certificates must be prepared before they can be traded, while second-hand housing in the city only needs to have two certificates, real estate certificates and deeds, to be listed and traded.

The property right certificate and the land certificate are the proof that the owner owns the property and the right to use the land, and the two are inseparable, and the absence of the land certificate means that the owner does not have the right to use the land, so when the land is occupied, the owner will not be able to protect his legitimate rights and interests. Therefore, a house without a land certificate faces three major risks: although the real estate certificate is in its own hands, the land use right still belongs to the developer, which cannot rule out the risk that the developer will mortgage the bank with the "big certificate" of the land use right; If the land certificate is not processed, some units may illegally transfer the land use right to others, causing the buyer to suffer unnecessary losses; Incomplete land use certificates and property rights certificates affect listing transactions.

1. Preparation materials for real estate transfer.

1) Application form for registration of real estate transfer;

2) Proof of identity of the applicant;

Materials required by the seller: original ID card and a copy of ID card. If you are married, you need the original marriage certificate and a copy, and the original real estate certificate; If one of the husband and wife is unable to attend, they must first write a power of attorney and then go to the Justice Bureau to notarize the source of the jujube, household registration book and a copy.

Materials required by the buyer: original ID card and a copy of the ID card, household registration book and copy, if you are single, you need to go to the Civil Affairs Bureau to open a single certificate.

3) Certificate of Real Estate Rights;

4) The administrative decision of the relevant administrative organ, the real estate sales contract, (if notarization is required according to the regulations, the notarized real estate sales contract shall be submitted) or the notarized real estate gift letter, or the notarized real estate inheritance certificate, or the real estate exchange agreement, or the real estate division agreement;

5) If a mortgage has been created, a written document with the consent of the mortgagee shall be submitted;

6) In the case of compulsory transfer by the people's court, an effective judgment, ruling, mediation document and notice of assistance in enforcement shall be submitted;

7) For the transfer of real estate of unincorporated enterprises and organizations, the approval documents of the property rights department agreeing to the transfer shall be submitted;

8) administrative allocation, reduction or exemption of land premium land, should be submitted to the competent authority of the approval documents and proof of payment of land premium;

9) If the real estate is acquired by bidding, auction or listing, the confirmation of winning the bid, the confirmation of the auction transaction, the contract for the transfer of land use rights, and the proof of payment of the land price shall be submitted;

10) If it is a welfare commercial house, it should be submitted to the relevant competent department for approval;

11) Demolition compensation shall be submitted to the demolition compensation agreement;

12) Opinion of the co-owners of the real estate agreeing to the transfer;

13) In the case of acquisition or merger of enterprises, the approval documents of the relevant departments shall be submitted;

14) In the case of real estate transfer between state-owned enterprises or other organizations, the approval documents of the relevant departments shall be submitted;

15) Other documents stipulated by laws, regulations, rules and normative documents.

Houses cannot be bought or sold without a land use certificate. The developer has not obtained the land use right certificate, nor can it carry out the sale of commercial housing.

According to the provisions of Article 30 of the Urban Real Estate Management Law, the following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, and the conditions provided for in Article 39 of this Law are not met;

(2) Where judicial or administrative organs make rulings or decisions 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 and administrative regulations prohibit lenient transfers.

Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, and the conditions provided for in Article 39 of this Law are not met;

(2) Where judicial or administrative organs make rulings or decisions 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 and administrative regulations provide that Shen Shengchai prohibits transfer.