What procedures should be seen to buy a second hand relocation house without a real estate certifica

There is a great deal of risk in not having a title deed, and although the buyer and seller complete the transaction privately, the risk of buying a house is greater. The first is the hidden danger of whether the real estate certificate can be handled on time, and the second is whether the seller can cooperate with the completion of the transfer after the real estate certificate is issued. Therefore, it is not recommended to buy such a house, and most developers will control the construction cost of relocation housing, and there is a certain gap in the quality of housing compared with ordinary commercial housing.

If you don't care about any of this, you can only list everything in detail when you sign the contract. And do a good job of notarization.

Relocation housing? You can only notarize with the landlord, and then let him assist you in handling the transfer procedures when the real estate certificate comes down, and the notarization is a gentleman's agreement, which is difficult to determine in a lawsuit, because now the state has no relevant regulations on real estate notarization.

Legal analysis: The relocated house can be bought and sold after the house ownership certificate is handled, and the house without the property ownership certificate cannot be bought and sold. Principles of buying and selling relocated houses:

Relocated houses can be bought and sold after the house title certificate has been processed, and the purchase of a relocated house without obtaining the title certificate may face great risks, and the name change of the relocation procedure cannot replace the house title certificate.

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

Article 209 [Effect of Registration of Real Estate Rights] The creation, alteration, transfer and extinction of real estate 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.

Legal analysis: according to the relevant provisions of China's current laws and regulations, in China, the relocation housing refers to the house that the developer pays to the relocated household when expropriating the land, but not all the relocated houses can be traded and transferred, if the owner of the relocated house has obtained the real estate certificate, then the transaction can be carried out normally and transferred, at this time, the relocated house is no different from the commercial house, but if there is only a relocation agreement in hand, the transfer can not be made, at this time, there is a certain transaction risk for the buyer of the relocated house, and this transaction is also illegal.

Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred: (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.

Legal analysis: Relocation houses cannot be bought and sold without real estate certificates, but in practice, many buyers will buy through some channels because this kind of property is relatively cheap, and generally this channel is not standardized, so there will be great risks.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of real estate 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.

Legal analysis: Buying a relocated house without a housing certificate needs to be notarized.

Legal basis: Article 469 of the Civil Code of the People's Republic of China: The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.