How long can a newly bought home be sold What are the restrictions

First of all, the law does not have mandatory regulations on how long it takes for a newly bought house to be sold, but in order to regulate the real estate market, corresponding policies will be introduced, so buyers can rationally buy a house under the condition of understanding the relevant local policies.

How Long After Buying A New Home Can I Sell? There is such a case: Xiao Li's new house has been mortgaged for a year and a half, the house has just been handed over, and the property right certificate has not yet been obtained, but he wants to resell it due to his place of work, and wants to consult whether he can sell his new house now?

The first thing that needs to be done is that the house sale in this case belongs to the second-hand housing transaction, and all the second-hand housing transactions are subject to the real estate certificate, and the real estate certificate can be listed and traded. At present, Xiao Li's house has not obtained the property ownership certificate, so it cannot go through the transfer procedures for the time being. If you want to change the name of the contract with the seller, the only way is for Xiao Li to negotiate with the developer to revoke the original contract first, and then the developer will re-sign the contract and file it with Xiao Li.

Whether it is to revoke the contract for filing or change the name, it is necessary to obtain the consent and cooperation of the developer. However, before canceling the contract, you need to make an application with the housing authority.

It is suggested that Xiao Li can wait until the real estate certificate is issued, and if he has the ability to repay the loan, he should pay off the loan first, cancel the mortgage, and then transfer the property. If you are not able to repay the loan at present, but the buyer has the ability, you can negotiate with the buyer to pay off the loan first, and then the transaction is transferred. However, this method has a certain risk to the buyer, but it can be handled by an intermediary company with integrity and qualifications, and the seller is required to do relevant notarization to reduce the risk.

Another situation is to go through the mortgage procedures, the first thing is to obtain the consent of the bank, and you can apply to the bank where the loan is made in advance. However, this situation is complicated and not easy to succeed, and at present, the general situation of banks in China is not to transfer without handling mortgage procedures. Although the management department stipulates that second-hand housing transactions can go through the procedures of remortgage.

However, in practice, different banks have different regulations, and the relevant banks should be consulted for specific conditions. As far as is known, among the major banks, only China Construction Bank can handle mortgage transfer. At the same time, you need to entrust an intermediary ** company to apply to the bank for a mortgage, because the bank does not accept individuals to apply for the second-hand housing mortgage business, and you need to entrust an intermediary ** company to handle this business.

All in all, the key to how long it takes for a new home to sell is the title deed. If you have a title deed in hand, you can sell your new home at any time after you buy it. However, if your new house is still in the mortgage and has not obtained the real estate certificate, the procedures and processes are more complicated, and you need to wait until the real estate certificate is done before buying and selling.

The above was released on 2017-03-16, the current relevant housing purchase policy is subject to the actual situation).

Legal analysis: A newly bought house usually takes a year to sell. Most of the new houses are off-plan houses, and it takes one to two years to deliver the house after purchase, and it takes about one to two years to handle the real estate ownership certificate after delivery, and it can be postponed for three years from the time of getting the real estate certificate.

Legal basis: "Measures for the Administration of Commodity Housing Sales" Article 5 The construction administrative department is responsible for the sales management of commercial housing nationwide. The provincial and autonomous region people's construction administrative departments are responsible for the sales and management of commercial housing within their respective administrative areas.

Municipalities directly under the Central Government, cities and counties of the people's construction administrative departments, real estate administrative departments (hereinafter referred to as the real estate development departments) in accordance with the division of responsibilities, responsible for the sales management of commercial housing within the administrative area.

The newly bought house can be sold at any time after obtaining the real estate certificate, which needs to be comprehensively determined in combination with the local housing sales policy. The property owner can exercise actual control over the owner-occupied house, use it according to the performance and use of the house, receive the economic benefits generated by the house, and can dispose of the house to the extent permitted by law.

Legal basis

Article 37 of the Law on the Administration of Urban Real Estate.

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.

Article 240 of the Civil Code.

The owner shall have the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law.

Article 241.

The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

Article 266.

Private individuals have ownership of their legal income, houses, daily necessities, production tools, raw materials, and other immovable and movable property.

Legal analysis: As long as the property right certificate has been processed, it can be done immediately.

Legal basis: "Measures for the Administration of the Sales of Commodity Housing" Article 3 The sale of commercial housing includes the current sale of commercial housing and the pre-sale of commercial housing. The term "commercial housing for sale" in these measures refers to the behavior of real estate development enterprises to give the buyer the commercial housing that has passed the completion and acceptance, and the buyer pays the house price.

The pre-sale of commercial housing in these measures refers to the act of real estate development enterprises giving the commercial housing under construction to the buyer in advance, and the buyer pays the deposit or house price.

There is no legal mandate as to how long a newly purchased home can be sold. However, the local government will introduce corresponding policies to regulate the local real estate market, and the specific situation should be understood by the local departments and rationally purchase houses. The parties shall, within 90 days from the date of signing the real estate transfer contract, submit an application to the local real estate management department, declare the transaction with the real estate right certificate and the legal documents of the parties, and handle the transfer contract and other relevant documents.

Article 7 of the Provisions on the Administration of Urban Real Estate Transfers shall be handled in accordance with the following procedures:

1. The parties to the real estate transfer sign a written transfer contract;

2. Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

3. The real estate management department shall review the relevant documents provided, and make a written reply on whether to accept the application within 7 days, and if there is no written reply within 7 days, it shall be deemed to agree to accept it;

4. The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;

5. The parties to the real estate transfer shall pay the relevant taxes and fees in accordance with the regulations;

6. The real estate management department shall go through the registration procedures of housing ownership and issue the real estate ownership certificate.

Legal analysis: As long as the property right certificate has been processed, it can be done immediately.

Legal basis: Administrative Measures for the Sales of Commodity Housing Article 3 The sale of commercial housing includes the sale of commercial closed houses and the pre-sale of commercial houses. The term "commercial housing for sale" in these measures refers to the behavior of real estate development enterprises to give the buyer the commercial housing that has passed the completion and acceptance of dust, and the buyer pays the house price.

The pre-sale of commercial housing in these measures refers to the behavior of real estate development enterprises to give the commercial housing under construction to the buyer in advance, and the buyer pays the deposit or house price.