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You're talking about houses that aren't developed by the towns themselves close to the city, and if so, I can say some. If not, don't scold me.
This kind of house is generally built by a small developer who is not very mature and works with **, because the developer has the money to build a building and ** has land. But this kind of house is building a peasant's house in the name of a peasant's homestead. In other words, the land of this kind of house is still owned by the state, not by you.
The state does not recognize your building, but the local (township, village) must admit that as long as the city planning is not up to you, it will be fine, if the city needs to develop, and your real estate is in the planning territory, then after you are removed, you can only give very little compensation. (The kind that lost all your money).
The real commercial housing is that the developer himself buys the right to use the land where the building is built. The land belongs to the developer, and the developer builds a building and sells it, and when you buy the building, you buy the land together. It is **recognized, that is, legitimate.
To put it bluntly, it involves the right to use land. To put it bluntly, the state has no interests.
If you want to sell it, you should play some tricks, otherwise it is honestly estimated that it will not be sold.
But this kind of house also has its advantages, if it is not planned, or the real estate is very large. There will also be a policy in many years, after all, there are too many such houses now, and if they are all removed, it will still be a lot of money, and there will be social impact and so on.
It feels like a superborn in the 80s, and the country still has to admit it later.
Any notarization is useless, it is inherently illegal. The best way to do this is to ask your local legal counsel to see if you can go to the Land Bureau to make up the formalities for land purchase and other formalities after you get the township property rights. (Probably not).
If you buy the property without explaining it to you when you buy it, then the seller must have deceived you. Now one can only calmly think about the pros and cons.
Modify the answer: If the property is large and suitable for the planning requirements (in this case, it is not a small and isolated building), there is no risk. However, if the state does not introduce relevant policies, it will be quite difficult to trade.
If you are your nest and will live on your own for the next few years or even longer, you can buy it. If it's an investment, don't buy it. Unless you change your purchase information when you do not have a property right (small property right in a township or village).
But there is almost no money to be made in this way.
As for notarization: you can consult a lawyer in detail, and I have friends who have done this. But I don't think there's any point, the most important thing is that if you admit to the re-entry procedures, that's the best.
It is said that this may be done in the future. If you really want to do this, you would rather spend 600 yuan per square meter on land purchase, which is the same as commercial housing. (Just heard about Ha, about the policy and these gossip, you can type "small property" to search.)
There will be a lot of news you want.
The above information is just for reference.
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1 The so-called 100% property right house is a house with complete property rights, and its symbol is the house with the People's Republic of China house ownership certificate supervised by the Ministry of Construction, which can also be called a property right house.
2 Can I buy a house without a title deed but with a change of purchase contract?
This practice of invalidating the contract signed by the property that has been sold through the developer and signing a new contract with you is actually the purchase of a house from the developer. It is worth noting that you must sign a contract with the developer, and the proof of the purchase price must also be issued by the developer (who actually settles it in person), and the developer must promise the time to apply for the real estate certificate. Such a house can be purchased without notarization.
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There is no risk in buying it, as long as the developer can change the bottom.
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There are many houses with property rights certificates, most of which are houses built up by some land grants, you have to determine whether the other party is credible, and you have to ask the neighborhood committee to make a proof.
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1. The purchase invoice is not required when applying for the real estate certificate. It is only required when paying the deed tax.
2. The house sale contract can be notarized, but only the validity of the contract is notarized. It is not a notarization of the ownership of the home you are buying. Because the transfer of house ownership in China is based on registration.
3. The compensation clause in the contract is valid.
4. There is no real estate certificate but you have a purchase contract, which is the same at the time of demolition.
5. If the developer goes bankrupt and you also have ownership of the house, you had better go to the construction committee where the house is located to ask about the situation.
In addition, the developer does not have a large property right at present, so it cannot transfer the ownership of the house with a small property right to the small owner, and the property ownership certificate cannot be processed for the time being.
Your current situation is called "changing the bottom order", and if you can successfully apply for the real estate certificate, there will be no problem. If you can't get the real estate certificate for a long time, it will be very troublesome, and the property right is not clear. I advise the landlord to be cautious when buying such a house.
The situation may be different from place to place, so it is best to ask carefully at the construction committee where the house is located.
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It is often not possible to buy and sell a house without a real estate certificate, which cannot prove who the property rights belong to, and cannot be transferred.
1. Second-hand housing: The first transaction of newly built commercial housing is "first-hand", and the second transaction is "second-hand". "Second-hand housing" is relative to the commercial housing in the hands of developers.
2. Materials to be provided by sellers of second-hand houses:
1. ID card of the property owner.
2. Hukou book.
3. House ownership certificate.
4. The original purchase invoice (copy) and the original purchase contract.
5. Declaration of co-owner.
6. A copy of the marriage certificate.
7. Seal of the property owner.
8. Land use right certificate.
9. For the purchase of public housing, cost price purchase, *** purchase, central production housing, affordable housing and other real estate, relevant approval and application procedures should also be provided when transferring.
10. Sales contract.
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Don't buy a house without a real estate certificate: 1. No property rights; 2. Unable to apply for bank loans; 3. If it is demolished, the owner cannot get compensation; 4. The house may be used to pay off the developer's debt.
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Is the purchase contract valid for the purchase of a house without a real estate certificate?
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If the seller has the energy to turn your home buyer into the original buyer, then there is no problem. No problem, it's safer to pay after seeing the title deed, and no title deed is almost the same as a dream in law! It is recommended that you go to the law firm for consultation, the consultation does not cost money, but the contract is still recommended that you spend a few hundred yuan to call a lawyer to write on your behalf!
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The name of the purchase invoice and the purchase sub-contract has been changed, and the real estate certificate can be obtained.
However, you said that he also borrowed someone's name to buy it, and when you apply for the real estate certificate, you will need the signature of the person who borrowed the name, and the notarization between you and the current person is not of much use. It doesn't matter if he's the developer's person. If you are a person who has lost the house, then you must wait until the real estate certificate and land use certificate are all completed before you can pay the house in full.
Otherwise, 80% of the payment is paid upfront. Remember!
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Then it is best for you to find a big agent to entrust, although there is no risk, but it is better to have an agent, in fact, as long as there is the original purchase contract is safe, there is no risk.
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Such a house transaction is risky, but without the real estate certificate, the house transaction can only be a full transaction full money - change the bottom file - do notarization so that the transaction can be carried out If you don't meet someone with ulterior motives, the general transaction will go smoothly When the real estate certificate is under the name of your parents But it's good to pay more attention.
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If you can, then it's called changing the bottom list, you have to go with him, don't let him make a fake for you, if it's real, there is no problem
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First of all, after signing the contract and handing over the maintenance **, you can't change the name. You have to wait until the title deed is down before you can change your name.
This claim is not reliable.
Then, you need to pay attention to why he hasn't applied for the title deed yet. For example, if he has not repaid the loan for a long time, if the bank still can't receive his repayment within a certain period of time, and the house may be temporarily sealed, then you can't live after paying the money.
The risk is that if you give him money at this time, and his name is still his name after the real estate deed is down, he can not change your name at all. Quite a risk, right? ~
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Unreliable, the purchase contract has been signed, which proves that the house is already his, and if you want to buy it, you must transfer the ownership.
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It can be purchased, but pay special attention to the relevant terms of the contract. Because the real estate certificate has not come out, it involves a legal risk, you have paid part of the house payment now, and the house appreciation or other reasons in the future, the ownership of the house changes, and the purpose of the contract may not be achieved. In this case, it is necessary to specifically agree on the relevant clauses, especially the liquidated damages clause.
It is recommended to find a professional lawyer to operate.
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Buying a house without a real estate certificate, first of all, it is necessary to divide the situation, for the new house in the purchase of a house is not a real estate certificate, generally lag for a period of time, before the purchase must see whether the developer has obtained the "sales license", according to the "commercial housing sales management measures", the pre-sale of commercial housing to implement the pre-sale permit system, commercial housing for sale should meet the corresponding conditions.
For second-hand housing transactions, it is not possible to legally buy and sell without a real estate certificate, and the purchase and sale behavior is not protected by law.
Measures for the Administration of the Sales of Commodity Housing
Chapter 2 Conditions of Sale.
Article 6 The pre-sale permit system shall be implemented for the pre-sale of commercial housing.
The pre-sale conditions of commercial housing and the procedures for the pre-sale permit of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Administrative Measures for the Pre-sale of Urban Commercial Housing.
Article 7 The following conditions shall be met for the sale of commercial housing: (1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise;
B) to obtain a certificate of land use rights or approval documents for the use of land;
3) Holding construction project planning permits and construction permits;
4) has passed the completion acceptance;
5) Demolition and resettlement have been implemented;
6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction schedule and delivery date;
7) The property management plan has been implemented.
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No, the real estate certificate is a legal document for the state to protect the ownership of the house in accordance with the law. From the point of view of the law, a house without a real estate certificate cannot be purchased, and it is recommended not to take risks to buy a house without a real estate certificate because of the temporary cheapness. A house without a title deed cannot be notarized.
The title deed has the following notable features:
1) The real estate certificate can only be issued by the real estate authority.
2) The real estate certificate is a written proof of the ownership of a specific house, and can record the common ownership of the specific house and whether a security interest is created. Based on the principle of one property, one right, the real estate certificate is based on the principle of one house and one real estate certificate, that is, a house with independent building structure and use function (including distinguishing all houses) has only one ownership, and only one ownership registration can be registered on the real estate registration, and only one real estate certificate can be issued accordingly.
3) The property ownership certificate can only be issued to the owner of a specific house, if the house is co-owned, in addition to the house ownership certificate, a co-ownership certificate can also be issued to the co-owner.
4) The real estate certificate is the ownership certificate issued by the registration authority to the specific right holder after the registration of the ownership of the specific house, and the content of the real estate certificate should be consistent with the content of the registration book.
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Can I buy a house with only a title deed?
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The real estate certificate, that is, the "house ownership certificate", is a legal certificate for the state to protect the ownership of the house in accordance with the law. From the perspective of national laws and policies, houses without real estate certificates are not allowed to be traded, because according to the laws of our country, the sale and purchase of houses must be subject to transfer, and houses without real estate certificates cannot go through transfer procedures.
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First, a house without a real estate certificate cannot be traded and transferred; There is a title deed, but a mortgaged house cannot be traded and transferred.
Second, the transaction can only be transferred when the real estate certificate is issued and there is no mortgage.
Third, if the purchase contract has not been registered with the housing authority, you can negotiate with the developer to change the base order. It is to go to the developer and change the name of the buyer and change the name of the seller to the name of the buyer. It is equivalent to the buyer buying the house directly from the developer.
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Can't buy it. According to the regulations, you can't transfer the property without the real estate certificate, since you can't transfer it to your name, then you don't have ***, in case the seller regrets it, you can only suffer, and there is no benefit to yourself at all. Moreover, in case the real estate certificate cannot be issued, the house will still be smashed in your hands, and you can't transfer it if you want to.
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Find a developer to change the name of the owner of the contract, you need a handling fee, and then you can make up the money for selling the house to the developer, even if you can't get the real estate certificate, you can still change hands. It's best to have an intermediary for this kind of thing, and find a well-known local intermediary company to insure you.
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Such a house is very risky, wait for her to get the real estate certificate to buy it.
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You can buy it, but the procedures are more complicated, and it is generally better to trade with acquaintances.
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