What do you need to pay attention to when buying a house that cannot be transferred with a real esta

A house that cannot be transferred cannot be bought or sold, and the legal rights of the buyer cannot be guaranteed.

1. In accordance with Article 4 of the "Housing Registration Measures":

Housing registration shall be handled by the housing registration agency where the house is located.

2. In accordance with Article 7 of the Administrative Provisions on the Transfer of Urban Real Estate.

The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract;

2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;

4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;

5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

Can you "transfer" with a real estate certificate? Buyers should note that the transfer of ownership is not possible under the following circumstances.

When buying a second-hand house, it is best to go to the real estate registration department to check the status of the house, whether there are other restrictions, such as the existence of seizure or mortgage, etc., and it is best not to buy the property that cannot be transferred.

Summary. Hello, this kind of behavior is okay for the time being, but in the sales contract must agree on the specific transfer time and related breach of contract terms, when the transfer conditions are met, the transfer should be handled in a timely manner, there is an unknown risk of not being in the house for a long time, and the change of the parties will bring unnecessary trouble to the change of property ownership. However, there is a certain risk during the transfer period, because the real estate certificate must be obtained when the transfer is made in the future.

According to the Housing Registration Measures, parties who buy or sell second-hand houses shall apply for registration of the transfer of ownership of the house after the relevant legal documents take effect or the facts occur.

If you have a real estate certificate, but you can't transfer the ownership, can you buy such a house?

Hello, this kind of behavior is temporary, but in the sales contract must agree on the specific transfer time and related breach of contract terms, with the transfer of ownership of the cavity conditions to handle the transfer in a timely manner, there is an unknown risk of not being in the house for a long time, and the change of the parties will bring unnecessary trouble to the change of property ownership. However, there is a certain risk during the transfer period, because the real estate certificate must be obtained when the transfer is made in the future. In accordance with the Housing Registration Measures, the transferor of the second-hand house shall apply for the registration of the transfer of ownership of the house after the relevant legal documents take effect or the situation is actually sloppy.

Can an agreement between a buyer and a seller be protected by law?

To be indicated in the purchase contract.

We are through an intermediary company, can we buy a house reliably?

Generally, the purchase of a house is through an intermediary.

When buying a second-hand house, there is a real estate certificate but the ownership cannot be transferred, and finally the ownership of the property belongs to the buyer or to the seller?

It is only temporarily impossible to transfer the account, and the specific matters should be indicated in the contract, which shall be returned to the seller before the transfer and to the buyer after the transfer.

Legal analysis: Generally, it is not possible to buy a property with a real estate certificate but cannot be transferred. Because if the ownership cannot be transferred, the rights and interests cannot be guaranteed, and there is a legal risk for the buyer.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time (2) the immovable property rights are acquired by inheritance or bequest (3) the legal documents effective by the people's courts and arbitration commissions or the effective decisions of the people are established, altered, transferred, or extinguished (4) the name or title of the right holder or the natural conditions are changed, and the application for modification of registration is applied for, (5) the immovable property is lost or the right holder renounces the rights of the immovable property, and the application for cancellation of registration is made (6) the application for correction of registration or objection registration is made (7) the law, Other circumstances where administrative regulations provide that a unilateral application may be made by a party.

Legal analysis: Generally, it is not possible to buy a property with a real estate certificate but cannot be transferred. Because if the transfer cannot be made, the rights and interests cannot be guaranteed, and there is a legal risk for the buyer.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time (2) the right to inherit or accept a bequest to obtain the right to immovable property (3) the legal documents effective by the people's court or the arbitration commission or the effective decision of the people's ** are established, modified, transferred, or extinguished the immovable property rights (4) the name and title of the right holder or the natural conditions change, and the application for change of registration is made (5) the immovable property is lost or the right holder gives up the right to immovable property, and Kuanwu Shen Mo Qiao Zen requests cancellation of registration (6) The application for correction of registration or objection to registration ( 7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

Yes. In accordance with the law, the State implements a unified registration system for immovable property. 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 tenants of the state in accordance with the law may not be registered.

[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 listed in the Wheel of Travel.

The following circumstances will lead to the failure of the house to be transferred: the house has not obtained planning permission and construction permit in accordance with the law; the house was not built in accordance with the planning permission; The house does not have a legal and valid right to prove it; There is a conflict between the registration items of the house application and the record in the register; The house has been expropriated or confiscated in accordance with law; Application for registration during the seizure of the house, etc.

[Legal basis].

Article 22 of the Provisional Regulations on the Registration of Immovable Property Where an application for registration falls under any of the following circumstances, the immovable property registration authority shall refuse to register and notify the applicant in writing: (1) in violation of the provisions of laws and administrative regulations; (B) there is an unresolved ownership dispute; (3) The immovable property rights applied for registration exceed the prescribed time limit; (4) Other circumstances where laws or administrative regulations provide for non-registration.

I believe that as long as you are working in the city, everyone hopes to be able to buy a house of their own in the city, so that they can have a home of their own in the city. If you want to buy a house, you have to go through a lot of procedures and encounter a lot of problems. For example, you may encounter what to do if you can't transfer the ownership of the house, so how do you solve it, follow me to find out.

1. What should I do if I can't transfer the ownership of the house?

1. In the contract, it is clear that the house can not be transferred, and when the two parties sign the transaction contract, you can note this article, which is also protected by law, and if there is a problem with the transfer in the future, you can use the contract as a certificate.

2. If the house cannot be transferred, then it is recommended to go to the housing authority for mortgage registration.

3. Notarization. If you want to trade a house that cannot be transferred, you can go to a notary office and notarize it.

4. Find an intermediary. Although the cost of finding a real estate agent is not small, I have to admit that using an agent can save a lot of trouble for both buyers and sellers.

5. Find out the reason why the transfer cannot be made. The non-transfer is only temporary, so go through the transfer procedures as soon as possible.

Second, how to calculate the house transfer fee as soon as possible

1. Deed Tax: Payer: Buyer; Houses with an area of less than 90 square meters (first house):

1% of the payment for the house; The area of the house is between 90-140 square meters (the first house): pay the house price; The area of the house is more than 140 square meters or the second purchase (no matter how large the area): 3% of the house price;

2. Business tax: payer: seller; Housing reform housing, commercial housing, ordinary housing, the real estate certificate period is less than two years: pay the housing fee; The real estate certificate is more than two years old: no business tax is paid;

3. Business surcharge: The business surcharge includes urban construction tax and education fee surcharge, payer: seller; The term of the real estate certificate is less than two years: the payment of the house price; The real estate certificate is more than two years old: no need to pay;

4. Individual income tax: payer: seller; The real estate certificate is more than 5 years old and is the only house: exempt from individual income tax; The title certificate is less than 5 years old or is not the only dwelling: 1% of the house price is paid;

5. Stamp Duty: Payer: Buyer and Seller; Regardless of the age of the real estate certificate and the area of the house: both parties pay the house price;

6. Surveying and mapping fee: Surveying and mapping fee payer: buyer; Payment fee: RMB square meter; Ownership registration fee and evidence collection fee: generally within 200 yuan.

Of course, the problems that everyone will encounter in the process of buying a house will not be exactly the same. After all, everyone's thoughts and ideas are different, and everyone's knowledge is different, after all, you don't know if he knows the solutions to these problems. However, after reading the above content, you will remember what to do if you can't transfer the ownership of the house.