What should I do if the developer drags on and does not apply for the real estate certificate?

Why did the developer take your money and deliver the house, but didn't give you the title deed?

In general, it will be possible to do this:

The developer has gone bankrupt or been disqualified, and cannot continue to handle the grand confirmation of the real estate;

The developer has not obtained a land use certificate or has not paid the land transfer fee in full;

The developer mortgages the land or house to the bank or the construction team, etc., and the debt has not yet been paid off.

In addition to the above situations, there are some special situations that can happen in real life. Here's how: the developer has not completed the completion filing; The developer sells the house repeatedly (without the contract filing), resulting in the inability to apply for the real estate certificate; The property was seized by the court; The developer did not obtain the measured data of the construction area; The developer did not handle the "big confirmation" in a timely manner.

2. The buyer cannot get the certificate due to his own problems

Of course, when you can't get the title deed, it may be the buyer who has a problem with yourself.

For example, if a home buyer buys a house but does not pay off the taxes related to the house;

There is a dispute between the developer and the minority owner who does not provide sufficient proof of property rights, and the real estate certificate that should have been issued to the minority owner is withheld;

Public repairs** have not yet been delivered.

3. What should I do if I can't get a real estate title certificate due to the developer?

1. Handle it in accordance with the contract.

Generally speaking, there are relevant terms and regulations on this issue in the purchase contract signed by the buyer and the seller. You need to see if there is an agreement in the contract on the situation that the title certificate cannot be handled, and if this situation has been stipulated in the contract, it will be executed according to the contract.

All in all, everything needs to be handled according to the terms and conditions of the purchase contract. However, it should be noted here that if there is no clear agreement on the default amount in the contract, it can be calculated according to the total amount of the purchase price paid, with reference to the standard for financial institutions to charge overdue loan interest stipulated by the People's Bank of China.

2. If there is no agreement in the contract, it shall be handled in accordance with relevant laws.

If there is a relevant agreement on the property right certificate in the purchase contract, then it can be dealt with accordingly, if not, the buyer can sue the court for breach of contract, including: when the developer does not give the property right certificate, after the lawsuit, the court requires the developer to apply for the property right certificate. When the developer refuses to issue the property right certificate, after filing a lawsuit, the court requires the developer to pay liquidated damages and compensate for losses.

That's all for this article.

Agree with the landlord, must protect their rights and interests, it is recommended to go to the housing and construction department in advance to understand the relevant incidents, and then find Qin Bing's real estate lawyer team to help solve it will be faster, they are a professional veteran real estate lawyer team

If not, you can sue in court to protect your legitimate rights and interests.

1. The developer's handling of the real estate certificate is as follows:

1) The payment of the agreed liquidated damages shall be determined according to the liquidated damages or the calculation method of liquidated damages agreed in the contract;

2) Compensation for losses, which is a form of liability applicable to the situation where the amount of the buyer's losses is determined, and the contract does not stipulate liquidated damages or the agreed liquidated damages are lower than the losses;

3) It is difficult to determine the amount of liquidated damages or losses that have not been agreed.

2. Legal basis: Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts.

If the buyer requests to terminate the contract and compensate for losses if the quality of the main structure of the house is unsatisfactory because the quality of the main structure of the house is unqualified, or if the quality of the main structure of the house is verified to be unsatisfactory after the house is delivered for use, it shall be supported.

Article 11. According to Article 563 of the Civil Code Law of the People's Republic of China, if the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

If the law does not provide or the parties have not agreed, a reasonable period of time for exercising the right of rescission shall be three months after being urged by the other party. If the other party does not demand, the person who has the right of rescission shall exercise it within one year from the date on which he knows or should know the reasons for rescission. If it is not exercised within the time limit, the right of rescission shall be extinguished.

2. What is the process of handling the real estate certificate?

The process of applying for the real estate certificate is:

1. The person handling the real estate certificate fills in the application form at the Housing Authority;

2. Submit ID card, household registration booklet, application form and other necessary materials to the housing registration department;

3. The housing authority will review the materials submitted by the applicant, handle and issue the real estate certificate if the conditions are met.

Legal analysis: It is possible to ask the developer to bear the corresponding liability for breach of contract. Specifically, if the developer fails to submit the housing ownership registration materials on the above date, resulting in the buyer failing to obtain the housing ownership certificate on the appointed date or the specified date, the developer shall bear the corresponding liability for breach of contract.

Legal basis: Article 34 of the Administrative Measures for the Sales of Commodity Housing shall be submitted to the administrative department of real estate where the housing is located within 60 days from the date of delivery of the commercial housing. Real estate development enterprises shall assist the buyers of commercial housing in handling the formalities for the change of land use rights and the registration of house ownership. Dull.

The developer has been delayed in handling itTitle DeedHere's how:

1. Negotiate and settle. Bring the contract, etc., and negotiate with the developer to ask for liability for breach of contract.

If the two parties do not have much disagreement, after reaching an agreement, the two parties sign an agreement to agree on the way to bear the liability for breach of contract and the final way to deal with it, and the developer will compensate the buyer.

2. Send a lawyer's letter.

If the negotiation fails, a lawyer can be appointed to send a lawyer's letter to the developer. The lawyer's letter can serve as a reminder and warning to the other party, urging the other party to take the initiative to take responsibility, which is much more convenient than the judicial route, but the lawyer's letter is not mandatory, and if the other party refuses to compensate, it is still necessary to file a lawsuit in the end.

3. File a lawsuit. If the developer refuses to solve the problem after negotiation and sending a letter, it can file a lawsuit in the court to demand continued performance of the contract or request to terminate the contract, and at the same time investigate the developer's liability for breach of contract.

China's relevant laws stipulate that if the developer does not apply for the real estate certificate for the buyer, then the buyer can sue. If the developer is able to apply for the real estate certificate, but deliberately delays the processing. The landlord can usually sue the developer and ask them to obtain a title deed for the buyer.

In addition, it is necessary to claim liability for breach of contract against the developer and require it to compensate for its own losses according to the agreement in the contract.

Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing.

If the seller enters into a contract for the sale and purchase of commercial housing and has any of the following circumstances, resulting in the invalidity of the contract or its revocation or dissolution, the buyer may request the return of the paid housing price and interest, compensation for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid:

A) deliberately conceal the fact that the commercial housing pre-sale permit has not been obtained or provide false commercial housing pre-sale permit certificate;

2) deliberately concealing the fact that the house sold has been mortgaged;

3) Deliberately concealing the fact that the house sold has been sold to a third party or that the house has been resettled for demolition compensation. If it can be done and the other party delays it, the owner can sue for the real estate certificate, and claim the liability for breach of contract and compensation for losses from the developer in accordance with the contract.