More than a decade ago, he bought a garage from the developer without formalities, and now he says i

Updated on society 2024-04-23
22 answers
  1. Anonymous users2024-02-08

    In this case, you have the formalities and documents to prove that the garage is yours, just like a handwritten receipt or transaction record of the real estate deed, and if there is, then you can go to court to sue the other party.

  2. Anonymous users2024-02-07

    More than 10 years ago, I bought the developer, there is no formalities in the garage, he said it was his, when you bought it, there should be an invoice or receipt when you pay the money, although there is no contract, but there should also be a certificate, the invoice that your family bought, find him, to defend your rights.

  3. Anonymous users2024-02-06

    But the developer he has proof of his own stuff. Even though you made a contract of sale, you have no evidence, and things like this are very passive. You can ask a lawyer to ask what kind of evidence you need to provide to prove that it is yours.

  4. Anonymous users2024-02-05

    No matter what era you buy, there must be an invoice, or a contract or something, right? There is no good way to do it if there is no basis for words.

  5. Anonymous users2024-02-04

    If you buy a money transaction, this can be used as evidence of the sale to defend your rights.

  6. Anonymous users2024-02-03

    If you buy a garage and don't even have the bare minimum formalities, and you can't even find witnesses, then you may have to suffer the consequences of ignorance and stupidity in silence!

  7. Anonymous users2024-02-02

    The developer can only prove that the garage was his, ten years ago, but later it was transferred to you, which is easy to figure out, and besides, there is no formalities for buying a garage? Contract? Proof of payment? Witness?

    One of them can be proven.

  8. Anonymous users2024-02-01

    Dear, hello, I am very happy to serve you, about your question "The house is sold and the garage is not sold still belongs to me", has been queried for you, the answer is as follows: Dear Zaosong, there are independent property rights still belong to you, parking spaces can continue to be held if you have independent property rights, if it is an additional parking space for the house, without property rights, it is generally transferred with the house, if you still need to keep the parking space, you can agree on the specific problem of the parking space between the two parties. The criteria for determining whether your parking space has property rights is whether the parking space has a title certificate.

    Legal basis: The second paragraph of Article 275 of the Civil Code of the People's Republic of China stipulates that the ownership of parking spaces and garages planned for parking cars in the building zoning shall be agreed upon by the parties through **, gift or lease. Potato Fool hopes mine can help you.

  9. Anonymous users2024-01-31

    Summary. Hello <>

    We're happy to answer your <>

    I bought the garage on the first floor in the hands of the developer, they didn't pay the property fee before I had no property rights, and now I bought the previous property management fee has nothing to do with you, the garage on the first floor has no property ownership certificate. The parking space on the ground on the first floor belongs to the public area of the real estate, and the developer divides it into a garage, which is intended to be the right to use the vacant land, and the public land does not have the conditions for handling the property right certificate.

    I bought the first floor garage from the developer, and they didn't pay the property fee before I didn't have the title, and now I have bought the previous one.

    Is it okay if I don't pay the previous property fee?

    Hello <>

    We're happy to answer your <>

    I bought the garage on the first floor of the house in the hands of the developer, and they didn't pay the property fee before I had no property rights, and now I have bought the previous property management fee is nothing to do with you, and the garage on the first floor has no property ownership certificate. The parking space on the ground on the first floor belongs to the public area of the real estate, and the developer divides it into a garage, which is intended to be the right to use the vacant land, and the public land does not have the conditions for renting the property right certificate.

    Property is imported from Hong Kong to the coast and the mainland, and its meaning is property, assets, real estate, real estate, industry, etc. Since the introduction of the word in the 80s of the 20th century, it has now become a complete concept, that is, property refers to all kinds of houses that have been built and put into use and their supporting equipment, facilities and sites.

    A property can be large or small, a unit can be a property, a building can also be a property, and the same building can also be divided into several properties according to different ownership. There are a variety of business forms, such as: office buildings, commercial buildings, residential communities, villas, industrial parks, hotels, factories and warehouses and other property forms.

    According to the different functions used, properties can be divided into the following five categories: residential properties, commercial properties, industrial properties, ** properties and other purpose properties. The management of properties with different functions has different contents and requirementsResidential properties refer to buildings with residential functions and for people to live in, including residential quarters, single residential buildings, apartments, villas, resorts, etc., as well as supporting common facilities, equipment and public spaces.

    There is no open space underneath the building.

    Dear, you are not obligated to pay the previous fees.

  10. Anonymous users2024-01-30

    Legal analysis: In addition to the parking spaces that occupy the roads or other places jointly owned by the owners for parking cars belong to the owners and the developer shall not dispose of them, the developer may use the parking spaces, garages**, gifts or leases planned for parking cars to the owners.

    Therefore, it is recommended that the purchaser must sign a transfer agreement with the developer, and in the terms of the agreement, it is clear that the type, scope and time limit of the rights they have to the parking space and garage to protect their legitimate rights and interests.

    Legal basis: Civil Code of the People's Republic of China Article 217 The certificate of ownership of 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.

  11. Anonymous users2024-01-29

    Generally speaking, parking spaces can be simply divided into two kinds, one is to be able to issue a property right certificate, and the other is not to be able to issue a property right certificate. Therefore, when you buy a parking space, you must keep your eyes open to understand whether you are signing the "Motor Parking Space Purchase Agreement", or the "Parking Space Lease Agreement" or "Use Right Transfer Agreement".

    The common parking spaces that cannot be issued with property rights certificates can also be simply divided into two types. One is the parking space that has been included in the shared area. As long as it is included in the public pool, legally speaking, it belongs to the parking space that cannot be issued with a property right certificate, because it is shared by all owners.

    Therefore, this type of parking space cannot be purchased as a property right, but can be leased. The other is a civil air defense parking space.

    Civil air defense parking spaces are different from other parking spaces and have their particularities. Because the area occupied by the civil air defense parking spaces belongs to the civil air defense project, and the civil air defense project belongs to the construction of the civil air defense project, according to the relevant regulations, the national defense assets belong to the state. In addition, the relevant regulations of the Ministry of Construction have clearly stipulated that the basement as a civil air defense project is not included in the common construction area.

    Therefore, the civil air defense parking space does not belong to the developer, nor does it belong to all the owners, and this type of parking space cannot be purchased for property rights.

    Can the civil air defense parking space be rented? According to the current judicial practice, there are two main views on the leasing of civil air defense parking spaces:

    Point of view. 1. Some courts hold that no unit or individual has the right to transfer the property rights and use rights of civil air defense projects, and the act of transferring parking spaces for civil air defense projects harms the interests of the state and the interests of the buyer, and even if the two parties sign an agreement on the transfer of the right to use parking spaces, the agreement is invalid.

    Point of view. 2. In accordance with the principle of "who invests and who benefits", the developer can obtain rent by leasing civil air defense parking spaces, but the use of civil air defense projects must go through registration procedures.

    Therefore, if you want to rent a civil air defense parking space, it is best to obtain permission from the civil air defense department. Moreover, there is a possibility that the rental civil air defense parking space will be requisitioned by the ** department without compensation due to force majeure such as war and natural disasters.

    Finally, we should also pay attention to the agreed lease term, according to Article 214 of the Contract Law, which stipulates that "the lease term shall not exceed 20 years." If it is more than 20 years, the excess part is invalid.

  12. Anonymous users2024-01-28

    OK. Some real estate garages do not have land certificates, so there is no way to apply for real estate certificates. However, it does not affect the right to use.

  13. Anonymous users2024-01-27

    The general garage has a real estate certificate, and the parking space does not have a real estate certificate, and the garage is better to have a real estate certificate.

  14. Anonymous users2024-01-26

    It is estimated that you are not in Shanghai, but you have a certificate in Shanghai.

    The sale and lease of parking spaces are limited to the residents of the community. If you don't have a house in this neighborhood, then your purchase is not in accordance with the law.

    If you don't have a license, it's better to have a long-term lease contract with the property, and you will pay the property management fee according to the area after you buy it anyway.

  15. Anonymous users2024-01-25

    A land certificate is required, otherwise, it is less than 10,000 yuan.

  16. Anonymous users2024-01-24

    It's not safe, but now garages are like this, whether you like to buy it or not, the developer doesn't worry about it at all, you can buy it if you really want to use it.

  17. Anonymous users2024-01-23

    Generally speaking, garages do not have title deeds.

    Developers generally sign the first agreement and the like, first of all, you need to know how good the developer's reputation is, and the other is whether the agreement is complete.

  18. Anonymous users2024-01-22

    According to the regulations, there are no real estate certificates for those that are insufficient.

  19. Anonymous users2024-01-21

    It's not very safe, and it doesn't work as well as a lease contract.

  20. Anonymous users2024-01-20

    1. At present, the garages supporting the commercial housing belong to the civil air defense project (civil air defense project), which is a strategic public facility built by the developer and shall not be built by any individual.

    2. Because civil air defense projects are not allowed to be used in accordance with the regulations, they can only lease their use rights. Therefore, the developer can only give you a right-of-use purchase contract, which is actually a long-term lease contract. This is a normal phenomenon under the current policy, as long as you go to the newly developed real estate to inquire, you will find that it is the same situation.

    3. Because this situation is a normal phenomenon under the management policy of **, you can buy with confidence, and the developer will guarantee your right to use. Moreover, parking spaces without real estate certificates are more convenient in transaction procedures, and buyers and sellers can trade on their own, as long as the property company carries out the handover. For parking spaces with real estate certificates, they need to pay various taxes and fees to trade at the housing authority.

  21. Anonymous users2024-01-19

    The garages are all like this. Buy it.

  22. Anonymous users2024-01-18

    Except for the parking spaces that occupy the roads or other places jointly owned by the owners for parking cars, which are jointly owned by the owners and shall not be disposed of by the developer, the developer may plan to park the parking spaces, garages**, gifts or leases to the owners.

    Of course, the parking spaces and garages planned for parking cars do not necessarily have the conditions for housing registration and issuance, so it is recommended that the purchaser must sign a transfer agreement with the developer, and clarify the type, scope, and time limit of the rights they have to the parking spaces and garages in the terms of the agreement to protect their legitimate rights and interests.

    Legal basis: Civil Code of the People's Republic of China Article 217 The certificate of ownership of 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 the property rights of Lushan before immovable shall be consistent with the real estate 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.

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