Can I check out a house with incomplete five certificates?

Five incomplete requirements to check out of the step:

1. Go to the local Housing and Urban-Rural Development Bureau** or inquire on the spot to understand the handling of the real estate pre-sale certificate.

2. If it is determined that it has not been handled, go to the sales office and ask the developer to publicize 5 certificates.

3. If the developer fails to publicize it, he may request a refund of the loan. Article 6 of the Ministry of Construction Decree No. 131 "Administrative Measures for the Pre-sale of Urban Commercial Housing": The pre-sale of commercial housing shall be subject to a licensing system.

For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License". If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out.

4. If the developer refuses to refund the house payment, it can protect its rights through legal channels.

Note: 5 certificates.

1) State-owned land use certificate:

The state-owned land use certificate is a legal certificate for units and individuals to use state-owned land, which is protected by law.

2) Construction project planning permit:

The construction project planning permit is the legal certificate for the land and construction project of the construction unit, and the land use unit without the certificate is an illegal land, and its engineering building is also an illegal building, and the real estate ownership certificate cannot be obtained.

3) Planning permit for land use for construction projects:

The planning permit for construction land is a procedure that must be followed after applying for a planning permit for construction land.

4) Construction permit for construction projects:

The construction permit of the construction project is the legal certificate for the construction unit to carry out the construction of the project, and it is also one of the main bases for the registration of housing ownership. Construction projects without a construction permit are illegal buildings and are not protected by law. The Construction Committee is responsible for the approval of the commencement of construction.

5) Commercial housing pre-sale license:

The competent authority of the pre-sale certificate of commercial housing is the urban comprehensive development management office, and the certificate is uniformly printed, registered and approved and issued by the municipal development office.

The most important of the "five certificates" are the land use certificate and the commercial housing pre-sale permit, both of which indicate that the purchased house is within the scope of legal transactions.

It's still quite troublesome to buy this kind of house, because the 5 certificates are incomplete. It is also possible to check out, and it is best to negotiate with him first whether he can return it, and sue him if he can't.

The developer who does not have the development qualification and the five certificates of the real estate is incomplete, indicating that the developer has no ability to sell the house, and the contract for the sale and purchase of commercial housing signed by the developer and the buyer is invalid. Rights protection or combined with your actual situation, if the real estate location, the price is not bad, you can see if the developer has remedial measures, such as re-applying for relevant procedures and documents, through communication and negotiation to solve, to obtain the corresponding compensation, if there is a lot of dissatisfaction with the follow-up construction of the real estate, planning itself, at this time you can choose to check out, it is recommended that you consult a lawyer, because the developer is generally more cunning, people are a company, team, If there is a lawyer at this time, they are handy in handling this kind of case, I also had a dispute with the developer because of the late delivery, and then I was looking for Qin Bing's lawyer team to help me deal with it, I got the real estate certificate as I wished, if the communication with the developer is fruitless, it is recommended that you also go to consult.

As long as the money is paid, the developer will not give you a refund, so it is best to read it clearly before buying a house, and do not buy it if the documents are not complete.

Enter the surface and burn up, get the decoration for free**].

Buying a house is a major event in life, and it is necessary to pay attention to whether the developer's five certificates are complete. So, let's share with you whether a house with incomplete five certificates can be returned, and what are the risks of a house with incomplete five certificates. 1. Can a house with incomplete five certificates be refunded?

1. Go to the local Housing and Urban-Rural Development Bureau**, or learn about the pre-sale certificate of the real estate on the spot. 2. If you are sure that you have not handled it, go to the sales office and ask the developer to publicize the five certificates. 3. If the developer fails to publicize it, he can request a refund of the loan, because if he has not obtained the "Commercial Housing Pre-sale License", he cannot carry out the pre-sale of commercial housing.

4. If the developer refuses to refund the house payment, it can protect its rights through legal channels. 2. What are the risks of a house with incomplete five certificates 1. The nature of the land is not legal The developer has no way to handle the five certificates, probably because the nature of the land is not legal, and the state stipulates that commercial housing can not be developed on the collective land of farmers. 2. If the project procedures are not legal, if the developer's construction of the real estate project is not legal, can not handle the five certificates, if the project planning, construction procedures and other issues, there is no way to obtain the planning certificate and construction certificate, then it is an illegal building, in this case, whether it is to build a house, or to sell a house, it is illegal.

3. The construction progress does not reach the standard off-plan housing sales itself has the risk of delaying delivery, the real estate has not reached the progress of the permitted sales, and the risk of sales is very large, the developer needs to collect the subscription money first, and then sign the commercial housing sales contract with the buyer after obtaining the "Commercial Housing Pre-sale Permit Zhaoye Certificate". In this case, it is legal to build a house, but it is not legal to sell it. Article Summary:

The above is to share with you the relevant content of whether a house with incomplete five certificates can be returned, and what are the risks of a house with incomplete five certificates, I hope it can help you. Before buying a house, you must look at the developer's five certificates, in case you check out later and bring unnecessary trouble to yourself.

Do the math how much it will cost you to renovate your home

If a party buys a house with incomplete five certificates due to being deceived, the party may request the people's court or arbitration institution to revoke it in accordance with the law, and the other party shall return the house payment paid by the party after the revocation. According to Article 148 of the Civil Code, if one party fraudulently causes the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 149 stipulates that if a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know about the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 149 of the Civil Code of the People's Republic of China: Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know about the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 148 of the Civil Code of the People's Republic of China provides that if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

If the five certificates are not complete, you can check out. According to the relevant laws and regulations, if the seller enters into a contract for the purchase and sale of commercial housing in Qiaozhou under any of the following circumstances, resulting in the contract being invalid or revoked or dissolved, the buyer may demand the return of the purchase price, interest and compensation for losses, and may require the seller to bear the liability for compensation not exceeding one time of the purchase price paid:

1. Deliberately concealing the fact that the commercial housing pre-sale license has not been obtained or providing a false commercial housing pre-sale license;

2. Deliberately concealing the fact that the house sold has been mortgaged;

3. Deliberately concealing the fact that the house sold has been given to a third party or resettled for demolition compensation.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts

Article 9 If the main structure of the house cannot be delivered for use because the quality of the main structure of the house is unqualified, or the quality of the main structure of the house is verified to be unqualified after the house is delivered for use, the buyer's request for termination of the contract and compensation for losses shall be supported.

Summary. Dear, I am happy to answer for you: if you buy a house with five certificates and sign a sales contract, it will not be given to you to check out under normal circumstances.

However, if Party A has not filed with the housing authority after signing the contract, it can also move out on the condition of paying part of the liquidated damages. If the developer does not have all five certificates, buyers will face many problems after buying a house, including 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".

Dear, I am happy to answer for you: if you buy a house with five certificates and sign a sales contract, it will not be given to you to check out under normal circumstances. However, if Party A has not filed with the housing authority after signing the contract, it can also move out on the condition of paying part of the liquidated damages.

If the developer does not have all five certificates, buyers will face many problems after buying a house, including 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".

You can check out in any of the following cases. First, the seller sells more than one house. Second, the relevant procedures of the seller's property are not complete, and there are potential safety hazards.

Third, the seller concealed that the property had suffered a major safety incident. Fourth, the seller does not inform the customer of the real condition of the property. If the developer changes the design of the house without the consent of the buyer, such as the layout, orientation, and area.

In this case, the buyer can also request the developer to vacate the property according to the contract.

1. The buyer issues a notice to move out. The buyer can submit to the developer by letter, fax or form. If the property is checked out due to the developer's responsibility, the developer shall bear the losses caused by the move-out, including loan interest, deposit interest on the down payment, taxes and fees for the purchase of the house, etc.; If the compensation standard for moving out is agreed in the purchase contract, it shall be handled according to the contract, and if the compensation standard agreed in the contract is insufficient to make up for the loss, compensation may be claimed separately; If the buyer's loan application is not approved, and the two parties to the contract cannot agree on the payment method, etc., the developer does not need to bear the liability for compensation and complete various procedures within a few days.

Within 15 days after the buyer requests to move out, the developer shall refund all the money paid by the buyer, and shall be responsible for handling all the procedures for the buyer to terminate or terminate the contract with the lending bank. 3. The developer refunds the payment. The developer shall, after the buyer issues a notice to move out, return the full purchase price to the buyer, and complete the repayment procedures with the provident fund management agency or the lending bank.

If the above contents cannot be completed, the developer shall pay the corresponding liquidated damages to the buyer every day from the 16th day after the buyer sends the notice of vacating to the date when the buyer obtains the full payment. The situation that the commercial house can be checked out: 1. The phenomenon of delayed delivery is more serious, and the delay in delivery refers to the delay in getting the developer's notice of occupancy after the delivery date agreed in the contract between the developer and the buyer.

Generally, the agreed period of delay in delivery of the house can be moved out of the range of 30 days to 90 days, if the developer can not deliver the house beyond this period, the buyer can ask the developer to move out, and ask for double return of the deposit or pay interest on the house price. 2. The developer lacks valid certificates and approvals, resulting in the invalidity of the contractAccording to the regulations, the developer must have complete documents before building and selling houses. If the developer's documents are incomplete, it is an illegal operation, and the contract signed with the buyer is invalid.

Since it is an invalid contract, the buyer shall vacate the house, and the developer shall return the payment paid by the buyer. 3. The developer changes the design without the consent of the buyerIn the contract signed between the buyer and the developer, it is generally stipulated that the developer must obtain the consent of the buyer before changing the design. Otherwise, the developer is in breach of contract and the buyer has the right to move out.

In the event that the developer changes the design of the house without the consent of the buyer, the buyer may request the developer to move out in accordance with the contract. 4. If you can't get the property right certificate, the buyer can't get the property right certificate within the time limit agreed in the contract. In addition, due to the non-standard operation of some real estate in the past few years, some developers have defaulted on the land transfer and other problems from time to time, resulting in the buyers who buy these real estate cannot get the house ownership certificate after moving in for many years, and the buyers can also ask to check out.