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National laws and regulations stipulate that the pre-sale of commercial housing shall be signed with the off-taker for the pre-sale of commercial housing, and within 30 days from the date of signing, the real estate management department and the municipal and county people's land management departments shall go through the registration and filing procedures for the pre-sale contract of commercial housing. It can be seen that the filing of the pre-sale contract is a statutory unilateral obligation of the developer, and it is also an administrative measure of the real estate management department, with the purpose of protecting the legitimate rights and interests of the buyer.
If the developer does not take your contract for the record, you must understand clearly what the reason is, whether it is incomplete procedures that lead to the inability to file, or whether the developer mortgages the house or the house is seized, once it infringes on your legal rights, you must report to the real estate department in time, or file a lawsuit in the court.
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If you're buying a new home, that's perfectly normal. Because the developer generally entrusts a law firm to handle the housing book, and for convenience, it is generally handled after the occupancy rate reaches a certain data, so the housing book of the new house will generally be later. If you are very worried, you can go to the local housing management department, such as the housing management office or the construction committee, to consult the property rights of your community, as long as the overall property rights are fine, then your personal property rights are only a matter of time.
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The developer of the purchase contract has not been put on the record, and the developer should be urged to handle it as soon as possible, and then the buyer can first check whether the developer's five certificates are complete, whether it does not have the sales license, and the reason why it is not signed for various reasons, and the conditions for signing the contract or the developer is not qualified to sell. If you find any problems, you can check out as soon as possible.
How long does it take for a new housing authority to file?
The filing time of the purchase contract is generally within three months. The filing time can be divided into the following situations:
1. After the household signs the purchase contract, the developer will collect all the purchase contracts and hand them over to the Real Estate Administration Bureau for filing, if it is an online signing contract, it will be submitted for the record from the moment the contract is signed, and it will take about 3-5 days to handle it, if it is a paper contract, it depends on the time when the developer submits the record, and the general developer can handle it about seven days after submission.
2. If the householder's purchase method is a mortgage, after submitting the purchase contract to the Real Estate Administration Bureau for the record, all the loan information of the household must be submitted to the mortgage bank, and the loan procedures will be processed after the review is correct, which will take about 30 days. After the above is completed, the signing center will notify the tenant to come and collect the purchase contract.
3. Another situation is that your loan information is still in the state of review, if there is no problem with the audit, the bank will notify the developer to file for the record, and the residents can inquire after the record, and the loan can be released within 30 days soon, if the loan is not released after 30 days, you don't have to worry too much if you have a down payment receipt in your hand, and then wait for a while.
What are the procedures for real estate registration?
1. Housing registration and filing has been changed from the previous joint handling by the developer and the buyer to the unilateral handling by the developer; The director of the land and housing management bureau of the city or district or county shall complete the registration and filing procedures within 5 working days. At the same time, if the shared part attached to the pre-sale contract is inconsistent with the record of the shared part of the developer when applying for a sales permit in the past, the housing management department will not handle the pre-sale registration and filing.
2. The relevant new documents stipulate that, first of all, the buyer does not have to go to the housing management department with the developer for the record, but clearly stipulates that the developer is unilaterally responsible for handling the pre-sale registration and filing procedures. Secondly, the developer must go through the pre-sale registration and filing procedures for commercial housing within 30 days from the date of signing the contract with the buyer.
3. After receiving the developer's complete filing and registration materials, the municipal or district and county land and housing management bureau must complete the registration and filing procedures immediately if it receives the pre-sale contract of a commercial housing project under 10; If you receive a commercial housing pre-sale contract for a commercial housing project under 10 or 30, you must complete the registration and filing procedures within 3 working days.
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Legal analysis: According to the content of the contract, if the negotiation fails, you can sue the court to require the other party to perform the content of the contract. If the developer does not file and register the purchase contract, it may be because there is no pre-sale certificate or other procedures are incomplete, resulting in the inability to record.
If this is the case, you can apply to check out and ask the developer to compensate for the damages.
Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, an application for registration shall be made to the local people's land management department at or above the county level, and the land use right certificate shall be issued by the local people's land management department at or above the county level.
If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.
When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level.
Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws.
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You can go to the housing management department to complain, or you can go to the consumer association to complain.
It is the public interest duty of the consumer association to accept consumer complaints, investigate and mediate the complaints. For the pre-sale of commercial housing, the developer shall sign a contract for the pre-sale of commercial housing with the offtaker. The developer shall, within 30 days from the date of signing the contract, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's Qikong ** Land Management Department.
If the developer does not take the contract to the housing authority for filing, then it is likely that there is no pre-sale certificate or other incomplete procedures, resulting in the inability to file; If there is such a situation, the buyer can apply to check out, and ask the developer to compensate for the loss, if it is found that the developer is really smart is complete, but the purchase contract is not taken to the record for registration, you can complain to the housing authority.
Measures for the Administration of Pre-sale of Urban Commercial Housing".
Article 10 For the pre-sale of commercial housing, the developer shall sign a pre-sale contract with the purchaser. The developer shall, within 30 days from the date of signing, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's land management department. The real estate management department shall actively apply network information technology and gradually implement the online registration and filing of commercial housing pre-sale contracts.
The registration and filing procedures for the pre-sale contract of commercial housing can be entrusted to the first person. If the person is entrusted to handle it, there shall be a written power of attorney.
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