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There are many problems in this, first of all, you must keep the contract for the purchase of commercial housing, whether there is any content about the delivery of the real estate certificate, if there is, it is easy to do, according to the provisions of the contract. There is also the problem that the developer may have a problem, the developer must have several certificates for the development of commercial housing, and how the local construction committee plans this land, this land is not within the planning scope, etc., if these are determined, the developer has no reason not to give the real estate certificate. Now there are some situations where the land that has not been planned by the Construction Committee is illegal, and the developer builds a house like that, and the documents are also available, so the Construction Committee does not give you the real estate certificate, and the cat in the middle will not know.
Therefore, it is better to defend rights, and it is recommended to take the contract to talk about things.
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First of all, have you signed a contract, the real estate certificate has not come down at this time, it is estimated that you should have been deceived, please consult a lawyer. This kind of problem is not necessarily credible what experts say on the Internet.
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This problem is completely in the developer, and there are many procedures required to build commercial buildings, and the same procedures are not enough, and the Urban Renewal Bureau will not handle it, which is a matter of principle.
The developer is just arguing with a certain department, and it's useless for you to sue the Urban Renewal Bureau, do you think the developer will listen to the Urban Renewal Bureau? For this problem, first find the developer, and then directly complain to your district or county**! If it doesn't work, continue to complain to your superiors!
If you can't complain, go to court!
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As a result, it is difficult to get the warrant down, but not necessarily, it depends on what rules the developer violates. Open the back door and use more money. I don't think it's been down for 3 years, so it's going to be hard.
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Negotiate, convert the down payment into a deposit, continue to sign the contract, and set the transfer time to 5 years.
However, yours is a provident fund, that is to say, if you can't get the down payment from the landlord, you need to transfer to an intermediary agency under the provident fund management office, and you can get the full amount in one lump sum after about 2 months after the transfer.
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Did the developer violate the rules? Under normal circumstances, you can get the title deed one year after the house is handed over, so you have to hurry up and don't be ambiguous.
Without a title deed, you are not legal!!
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Title certificate, you must do it.
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First go to the local real estate department to ask about the situation, and then determine what to do, whether to sue or negotiate with the other party, or report to the relevant departments. Help you figure it out.
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According to the Property Law, the title deed is the legal proof of the ownership of the house. If the developer has not been able to apply for the title deed, you are at great risk.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contracts clearly stipulates that if the property right certificate cannot be processed due to the developer's reasons, the buyer has the right to terminate the contract and claim to bear the losses after more than one year.
You have the option to terminate the contract and claim compensation for damages.
In addition, you have the right to demand that the developer bear the liability for breach of contract. If there is an agreement, according to the regulations, if there is no agreement, the bank shall bear the liability for default according to the interest on the overdue loan.
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What you are talking about, there are probably several situations: First, the developer has not paid the fee, resulting in the real estate certificate cannot be processed. Second, this situation will also exist due to the inaction of the local property rights department.
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Many people are operating this kind of house, and the two parties or through a third party sign a sale and purchase all the same, first give the homeowner a down payment, and then give the rest of the money when the real estate certificate is done, and then give the rest of the money when you both handle the transfer. It is enough to write the liability of both parties for breach of contract more seriously. The premise is that after giving the money, you must first house the house.
Then keep all the original documents of his property in his own hands. If you have to buy such a house, you can do it this way.
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Your question is not clear, the developer has generally received the real estate surveying and mapping report submitted by the surveying and mapping unit before handing over the house, and confirm the identity certificate of the buyer when handing over the house, and then the developer will apply for the real estate certificate within 1-3 months, and it will be postponed if there are special reasons. Therefore, you should keep all the contracts, invoices and other proofs at the time of delivery and before. The developer also needs to use the real estate certificate to apply for a mortgage.
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It depends on whether it is a first-hand house or a second-hand house.
The second-hand house is checked out directly, and it is not allowed to be solved by legal means.
First-hand houses, first see if the developer has 5 complete certificates, including:
Construction Land Planning Permit, Construction Project Planning Permit, Construction Project Construction Permit, State-owned Land Use Certificate and Commercial Housing Sales (Pre-sale) Permit
If the property certificate has not been processed within the agreed time of the contract, take the purchase contract and solve it by legal means.
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If you buy a house without a title deed, you can't prove that the house is yours. That is, after spending the money, the house is not yours yet.
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You can go to the housing authority with the purchase contract and related materials or entrust the developer to handle it.
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What is the specific reason for not having a real estate certificate?
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It is best to wait for the title deed to come down before going through the formalities. Nowadays, there are many disputes over real estate certificates, if you don't buy it, you may lose the opportunity to buy a house, and if you buy it, it will become a debt, but it will be hundreds of thousands. You can negotiate first, and go to the real estate bureau to ask if there is such a community, whether you are applying for a real estate certificate, and how long it will take to come down.
Remember not to pay a deposit, as a property transaction without a title certificate is illegal and has no legal protection.
In addition, I would like to give you a word of advice: don't believe that someone wants to buy it, even if it does appear, don't believe it, and be sure to wait for the real estate certificate to come down. Don't trust the agent's assurance, if something goes wrong, the agent must be the one who pushes himself clean.
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Then check the qualifications of the developer, and then ask the same community, the progress of the real estate certificate, whether it is being done or not. After asking these questions, it should be no problem to find someone to sign a contract fairly. In fact, when many people just buy a house, the real estate certificate is not immediately available, and they all have to wait.
The key is whether it can be done.
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** house, some houses are sold with a black conscience, waiting for you to pay the money to declare the loss of the original purchase agreement, it is too late to cry, and now Tai'an ** Tai'an Morning Journal is the real estate certificate in Taishan District has declared the loss of the announcement - many of this kind of houses can only sign the agreement can not be transferred.
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I have sold this kind of house before, and I have to ask the developer to change the name of the owner of the original purchase slip to yours. However, it is too troublesome, so it is recommended not to buy this kind of property.
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Sorry I didn't experience it.
Don't know good luck.
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