What are the risks of buying and selling a property without title?

The relevant provisions of paragraph 6 of Article 37 of China's "Urban Real Estate Management Law": "If the real estate has not been registered and received the ownership certificate in accordance with the law, it shall not be transferred." According to the person concerned, projects cannot be bought without planning permits.

Projects that have not been approved by the planning department, regardless of whether the developer is branded with "township property rights" or other signboards, are illegal, and buyers must not buy such houses because they are greedy. Once these illegal projects are investigated, the houses built on these lands will also be forcibly demolished, and the buyers will often not be able to get compensation from the developers.

1. Cannot be sold, gifted, replaced, inherited, leased and other activities, even if the relevant contracts are signed, they are invalid contracts and are not protected by law;

2. When the house is demolished, it is impossible to obtain demolition compensation in accordance with national policies and relevant demolition regulations;

3. It is impossible to set up other rights such as mortgage rights and pawn rights, and the buyer cannot obtain loans or bear other civil liabilities through house mortgages;

4. If the house is illegally developed and there is no real estate certificate, the house purchased by the buyer is at risk of being forcibly demolished or auctioned.

5. When the developer is enforced due to a debt dispute, the real estate that has not been transferred is still the property of the developer and can be enforced by the developer's creditors in accordance with the law;

6. When the term of the land use right expires, it is not possible to apply for the continued use of the land.

Legal analysis: 1. Sales, gifts, replacements, inheritances, leases and other activities cannot be carried out, and even if relevant contracts are signed, they are invalid contracts and are not protected by law; 2. When the house is demolished, it is impossible to obtain demolition compensation in accordance with national policies and relevant demolition regulations; 3. It is impossible to set up other rights such as mortgage rights and pawn rights, and the buyer cannot obtain loans or bear other civil liabilities through house mortgages; 4. If the house is illegally developed and there is no real estate certificate, the house purchased by the buyer is at risk of being forcibly demolished or auctioned. 5. When the developer is enforced due to a debt dispute, the real estate that has not been transferred is still the property of the developer and can be enforced by the developer's creditors in accordance with the law; 6. When the term of the land use right expires, it is not possible to apply for the continued use of the land.

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

Article 209 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.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.

Article 211: Parties applying for registration shall provide proof of ownership and necessary materials such as the boundary address and area of the immovable property based on different registration items.

Risks of Transactional Housing Without Title:

1. The ownership of the property right of the house without property rights is unclear and the ownership is disputed;

2. There are encumbrances on the property without property rights and may be mortgaged;

3. Houses without property rights have not been registered with property rights, and there is no real estate property right certificate, and they cannot be registered for transfer.

1. Whether the property without a property right certificate can be directly transferred.

Properties cannot be transferred without title certificates. According to the provisions of the relevant laws of China, the following real estate shall not be transferred: (1) the land use right is obtained by way of transfer but does not meet the conditions prescribed by 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.

Properties without title deeds fall under item 6 above, so they cannot be transferred.

2. Can the real estate title certificate be auctioned?

The court may auction off a house without a title deed. Although there is no title deed to the house, it can be proved by other evidence. The ownership of the property can be auctioned, but the buyer of the house must be informed of the facts and circumstances in advance.

According to the law, the people's court may seal, seize or freeze movable property in the possession of the person subject to enforcement, immovable property registered in the name of the person subject to enforcement, specific movable property and other property rights. To register the building and land use right, according to the land use right. Approval documents and other relevant evidence to determine ownership.

Where a third party confirms in writing that the movable property in the possession of a third party or immovable property, specific movable property or other property rights registered in the name of a third party belongs to the person subject to enforcement, the people's court may seal, seize or freeze it.

3. Can I buy shares without a property right certificate?

Without a property right certificate, it is not allowed to buy shares. The Civil Code stipulates that the establishment, alteration, transfer and extinction of real estate rights shall be effective after being registered in accordance with the law, and shall not be effective without registration.

Therefore, without the property right certificate, it is impossible to register the transfer, and it cannot be transferred to the name of the company.

Article 216 of the Civil Code.

The immovable property register is the basis for the ownership and content of property rights.

The immovable property register is managed by the registration authority.

Article 217.

The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

We know that many houses are now because some documents are not complete, so this house has become a house without a real estate certificate, so how to get this kind of house when buying. Let's introduce to you what are the risks of buying and selling a house without title.

1. First of all, we must know that this kind of house does not have a real estate ownership certificate, so the time from paying the deposit to signing the contract to the transfer is relatively long, and this time may encounter ups and downs in the market. During this period, if the price of the house rises or decreases too much, there may be a risk of default by one of the parties, and then it is easy to appear that the passive party can only eat Coptis dumbly.

2. Real estate without real estate ownership certificate is also more likely to have some cases of more than one house being sold. And you should know that if you encounter some debt-ridden owners, you may sign a contract with multiple buyers at the same time to collect a deposit or down payment, and disputes will arise at this time.

3. If there is no real estate ownership certificate, the time from signing the contract to the transfer of ownership is relatively long. If the buyer signs the sales contract, if there is an emergency after paying the deposit or house payment, then there is no way to use the house as collateral to borrow from the bank.

4. If the house does not have a real estate ownership certificate, then it cannot be transferred to the buyer, so at this time, the two parties have signed a house sale contract, and the property rights of the house may also be in the hands of the original owner at this time. If there is a debt dispute on the original owner, then there is a possibility that the property may be seized by the court during the duration of the contract. If it is seized by the court, there is no way to list and trade, and the original signed purchase contract is also invalid.

Summary: What are the risks of buying and selling a house without property rights are introduced here, and the above are some risks caused by buying a house without property rights, so these things should be avoided when buying.

(1) Houses without property rights certificates are not easy to go through the procedures for changing property rights, and there are transaction risks. (2) When the house is demolished, the owner of the house without the property right certificate cannot obtain compensation equivalent to the value of the house with the property right certificate. (3) If the house without a property right certificate is identified as an illegal building, it will also face administrative penalties and forced demolition.

4) In the event of a dispute between a person who has a property right and a neighbor in exercising his or her housing rights, the provisions on the relationship between the neighbors shall apply, and the rights shall be restricted and expanded. (5) When there is a dispute between the buyer and the seller of a house without a property right certificate and it needs to be resolved through legal means, it is likely that the validity of the sales contract will be affected due to the property rights of the house, which will lead to difficulties in dispute settlement and it is difficult to protect rights.

Legal basis

The risks of buying a house without property rights are: the house without property rights does not have a land use certificate and pre-sale permit issued by the state, and is not protected by law; Propertyless houses only have the right to use, not ownership; It is difficult to get full compensation for demolition of houses without property rights; Housing without property rights does not have the rights of ownership, transfer, disposal, income and other rights of the house, and cannot be mortgaged and transferred.

Legal basisArticle 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.

Article 209 of the Civil Code.

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.

Article 215.

Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.