If you buy a house in the countryside, you can t pass the real estate certificate

Rural houses generally refer to the houses built on the homestead, and the nature of the property is not commercial housing, but what we usually call small property rights houses, and the purchase of small property rights houses must meet the following conditions in order to be able to successfully trade: 1. The main qualifications of the buyers must be qualified. The homestead on which the rural house depends belongs to the members of the rural collective, so the purchaser must be a member of the villager collective. Urban residents are not eligible to purchase rural houses.

2. The main qualification of the seller is qualified. The seller must have the right to possess, use, benefit from and dispose of all his property. In the case of co-owners, if one of the co-owners unilaterally disposes of the house, the sale of the house cannot be valid.

Third, the buyer should meet the conditions for applying for a homestead. Rural villagers can only have one homestead per household, and villagers who already have a homestead are not allowed to apply for a homestead again. If the buyer does not meet the above conditions, he or she occupies more homestead land in disguised form of sale, and such a sale will not be supported and protected by law.

Fourth, the sale shall be approved by the villagers' committee and changed by the local land management department. This is a necessary procedure, and the rural collective economic organization has the right to make substantive dispositions of such property rights.

Hello, you must have a permit to move before you can apply for household registration relocation!

Legal analysis: If the sale and purchase of a rural house cannot be transferred, the buyer can go to the court to sue to confirm that the contract is invalid. Buying and selling houses in rural areas, rural houses belong to self-built houses, commonly known as small property rights houses, which cannot be bought and sold according to regulations, and naturally cannot go through the transfer procedures.

According to the regulations, if the contract is invalid, the seller is required to return the property acquired as a result of the contract. In addition, the contract does not specify the nature of the house, and if the seller conceals the situation, he should bear the liability for negligence in the contract and make corresponding compensation.

Legal basis: Article 500 of the Civil Code of the People's Republic of China Where a party causes losses to the other party under any of the following circumstances in the process of concluding a contract, it shall be liable for compensation: (1) conducting negotiations in bad faith under the pretext of concluding a contract; (2) Deliberately concealing important facts related to the conclusion of a contract or providing false information; (3) Other conduct that violates the principle of good faith.

Rural houses cannot be transferred due to the following reasons:

1. Houses that have not obtained the house ownership certificate in accordance with the law;

2. Houses that only have the right to use, such as public housing directly managed by the Housing Authority;

3. Houses identified as dilapidated houses, purchased at standard prices, and the remaining price has not been made up at cost price, and houses have been transitioned to full property rights;

4. Houses built on rural collective land;

5. Houses that have been included in the scope of the demolition notice.

Rural homestead has a certain authority, according to the provisions of the state, the ownership of the homestead belongs to the collective, farmers can only enjoy the right to use, at the same time the rural homestead is limited to the members of the rural collective economy, for the construction of their own housing land, so the homestead circulation is only the right to use, the ownership still belongs to the collective, so the homestead circulation is also limited to the transfer of ownership.

However, the transfer of homestead ownership also has very strict conditions, which can only be carried out within the members of the rural collective, and if you are a member of the rural collective, you cannot transfer the ownership, and you can only enjoy the right to use the house occasionally, but you cannot renovate and build a house on the homestead.

Especially now many urban hukou friends want to buy a house in the countryside, can not enjoy the homestead circulation authority, can only enjoy the right to use the rural house, after the collapse of the rural house, the homestead will be taken back by the rural collective, now many people in the city after buying a house in the countryside, due to demolition, housing appreciation will lead to related disputes will be lost, so this point must be noted.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level.

If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.

Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.

Legal analysisWhen buying and selling a rural house, if the transfer registration has not been completed, the buyer may request the seller to negotiate the transfer registration. If the transfer cannot be registered, the buyer may apply for rescission of the contract, unless the parties decide otherwise. The specific transfer procedures are as follows:

Go to the township land office to apply; Submission of relevant materials; The local land office will conduct an examination based on the ownership information provided by the applicant; on-site surveys, surveys, and announcements; Report to the Land Bureau for review and registration; Issuance of certificates. Rural real estate certificate transfer procedures and fees: Since the land for rural houses is collective land, the homesteads for rural houses are collectively allocated.

Therefore, the transfer of rural houses does not need to pay various land taxes and fees in the same way as the transfer of urban houses. Therefore, the cost of transferring rural houses is also very low, and only the cost of production is sufficient. For specific fees, please consult the local township or township land office.

Legal basisArticle 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

The sale and purchase of private houses in rural areas cannot be transferred without real estate. China's "Urban Real Estate Management Law" clearly stipulates that real estate that has not been registered and received a certificate of ownership in accordance with the law shall not be transferred. In addition, private houses in rural areas generally cannot apply for property ownership certificates.

Legal basis

Article 38 of the Urban Real Estate Management Law shall not transfer the following real estate: (1) the land use right obtained by way of transfer 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.

Summary. Hello, there is a real estate certificate but can not be transferred, you can buy, but there will be legal risks. Once a property dispute occurs, it is not conducive to safeguarding the legitimate rights and interests of the buyer.

Hello, there is a real estate certificate but can not be transferred, you can buy, but there will be legal risks. Once a property dispute occurs, it is not conducive to safeguarding the legitimate rights and interests of the buyer.

Legal basis: Article 37 of the Urban Real Estate Management Law stipulates that real estate transfer refers to the transfer of real estate by the owner of real estate to others through sale, gift or other legal means. The third paragraph of Article 61 stipulates that when real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for the registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the house ownership certificate after the change.

There is no other way? The seller said that there was nothing wrong with signing the contract.

Hello, it is recommended to consult the local housing management department, and the house that cannot be transferred is afraid that it will be risky for a long time, which is not conducive to your rights and interests.

The seller said that he wanted to transfer the title. My account has to be signed in to his village before it can be transferred.

Hello, the purchase of real estate to the final property transfer as the most basic protection, such as the Yu Youguo house can not go through the transfer procedures, there is a great legal risk, the agreement itself can only destroy the protection of your rights and interests, but can not protect the house to you. It is relatively safe to transfer the title to your name.

If it is a house without a real estate certificate, a house without any certificate, can it be bought in the countryside?

Is it okay to write a contract like this?

Hello, you can't buy it. You can't buy a house that can't go through legal procedures.

But he paid for the house when he built it.

It seems that he paid more than 10,000 yuan.

No, the rural homesteads belong to the collective, and the villagers only have the right to use the homesteads, and the sale and purchase of houses by farmers and diggers to urban residents is not recognized and protected by the law. Based on this nucleus.

It is advisable to consider that if you do not receive legal protection for the sale of a home, your personal property will be at risk.