Can the house be sold if the real estate certificate is not done after the online signing?

Updated on society 2024-04-14
11 answers
  1. Anonymous users2024-02-07

    Yes, but these should be curried in private, and so on to get the certificate in the transfer, 1), the buyer and the seller to establish information communication channels, the buyer to understand the overall status of the house and the status of property rights, and require the seller to provide legal documents, including house ownership certificates, identity documents and other documents.

    2) If the house provided by the seller is legal, it can be listed and traded, and the buyer can pay the deposit for the purchase of the house (the payment of the deposit for the purchase of the house is not a necessary procedure for the sale and purchase of commercial housing), and the buyer and the seller sign the house sale contract (or the house sale contract). After the buyer and seller reach an agreement on the location of the house, the status of property rights and the transaction, the delivery time of the house, the delivery of the house, and the handling of property rights through negotiation, the two parties shall sign at least three copies of the house sale and purchase contract.

    3) The buyer and the seller jointly apply to the real estate transaction management department for review. After the buyer and seller submit the application procedures to the real estate management department, the management department shall check the relevant documents, review the property rights, and approve the transfer procedures for the houses that meet the listing conditions.

    4) Deed. According to the property rights of the transaction house and the object of purchase, the real estate transaction management department can apply for review and approval step by step according to the approval authority set by the transaction department in advance, and the two parties to the transaction can go through the deed formalities. At present, Beijing has abolished the real estate sale deed in the transaction process, which is commonly known as the "white deed".

    5) Pay taxes and fees. The composition of taxes and fees is more complex and depends on the nature of the property being traded. For example, the tax composition of housing reform, dangerous housing and relocation housing, affordable housing and other commercial housing is different.

    6) Handle the procedures for the transfer of property rights. After the parties to the transaction complete the registration of property right change in the real estate transaction management department, the transaction materials will be transferred to the issuing department, and the buyer will apply for a new property right certificate with the notice of obtaining the house ownership certificate.

    7) For the buyer of the loan, after signing the house sale contract with the seller, the buyer and the seller will go through the loan procedures with the loan bank, and the bank will review the buyer's credit, evaluate the house that the two parties want to trade, in order to determine the buyer's loan amount, and then approve the buyer's loan, and the bank will issue the loan at one time after the two parties complete the property right registration change and the buyer receives the house ownership certificate.

    8) The buyer receives the house ownership certificate, pays off all the house payments, and the seller delivers the house and settles all the property fees.

  2. Anonymous users2024-02-06

    Yes, but these must be curried over in private, and the certificate will be transferred after the certificate

  3. Anonymous users2024-02-05

    1. If the house has been signed online but has not yet applied for the real estate certificate, if the buyer and the developer reach an agreement, they can go to the housing authority to revoke the online signature, and then the developer will sign a new contract with the new buyer.

    2. The house that has been signed online can also be carried out after the real estate certificate comes down**, where you need to go through the second-hand housing transfer procedures, and you also need to pay certain taxes and fees. What should I pay attention to when buying a house online?

    1. Remember to check whether the developer has a pre-sale permit for commercial housing, and if there is a pre-sale certificate, there will be a land use certificate, planning permit, construction project permit, etc., which are the key to whether you can get a real estate certificate when buying a house.

    2. Remember to use the standard housing sales contract text uniformly printed by the real estate management department, and fill in the clauses listed in the text one by one, and do not be sloppy.

    3. Remember to pay attention to whether the rights and obligations are equal in the content filled in by both parties in the contract terms.

    4. If you choose to confirm the area and deal with the area difference based on the building area in the suite, you should specify the treatment method in the case of area error in the area difference treatment clause.

    5. Check whether the delivery date is determined, the phenomenon of delayed delivery is very common, for their own interests, this should not be underestimated.

    6. As a buyer, when signing the online signing contract, the delivery date should be clearly stipulated as x year, x month, x day, and at the same time indicate the responsibility of the developer who fails to deliver the house on time.

    7. If the developer proposes unreasonable terms, it is necessary to propose amendments and negotiate.

    What is the online sign.

    Online signing means that after the two parties sign the contract, they go to the relevant real estate department for filing and publish it on the Internet. Then a network number will be given, and users can check it online through the network number. The purpose of online signing is to make real estate transactions more transparent and prevent"More than one house sells"The contract can be revoked after it has been signed.

    At the same time, it is convenient to monitor the market.

  4. Anonymous users2024-02-04

    (1) The online signing is only the confirmation of the terms of the contract signed by both parties, and it is only the first step in buying a house.

    2) The transfer of ownership is the process in which the buyer and the seller pay various taxes and fees to the state according to the contract, and the housing management department takes back the seller's real estate certificate and re-issues the real estate certificate to the buyer.

    3) As a buyer, you must get the real estate certificate issued by the housing management department, so that it can be regarded as a real transfer and prove that the house now belongs to you.

    1. The purchase and sale of real estate shall be subject to the registration of ownership transfer (that is, the so-called "transfer"), and the real estate without the property right certificate cannot be transferred, and the state does not protect the real estate transaction that does not go through the household.

    2. Don't buy this kind of house, because without the property right certificate, you can't take out a loan, you can't transfer the property, and you can't go through the notarization, and the signed agreement is also invalid.

    3. If you can't handle the transfer without the property right certificate, then the hidden risk will be great, but the ownership of the property is still the original owner's. For example, if the original owner divorces the property, the property will be divided, and if he has debts sued, then the property will be listed as enforceable property by the court.

    4. Housing online signing:

    1) Housing online signing means that after you sign a contract with the sales object, you must go to the relevant real estate department for the record and publish it on the Internet. Then a network number will be given, and you can check it online through this number. The purpose of the online signing is to make real estate transactions more transparent.

    2) In the future, before applying for a pre-sale license for commercial housing or applying for the registration of the ownership of a new commercial house for the existing commercial housing, the real estate development enterprise must go through the project access procedures with the Municipal Land and Housing Management Bureau, and submit relevant information and supporting materials, and the public can inquire online at any time.

    3) Online signing means that after you sign a contract with the sales object, you must go to the relevant real estate department for the record and publish it on the Internet. Then a network number will be given, and you can check it online through this number. The purpose of the online signing is to make real estate transactions more transparent.

    The contract can be revoked after it has been signed.

  5. Anonymous users2024-02-03

    Legal analysis: If the real estate transfer contract is signed online, the parties cannot obtain the ownership of the real estate. After the implementation of online contracting, it is only possible to prevent developers from "selling more than one house", and the house cannot be completely owned by individuals, and it is necessary to go through the transfer and get the real estate certificate to have the ownership of the house.

    The title deed is a document that allows the transaction to be made again.

    Legal basis: Article 209 of the Civil Code of the People's Republic of China 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 registered.

  6. Anonymous users2024-02-02

    As long as the buyer is willing, of course, but can only go through the transfer procedures after the real estate certificate is issued, and if the local sales policy is limited, you must wait until the specified number of years before the transfer can be processed.

  7. Anonymous users2024-02-01

    It is not possible to transfer ownership without a title deed. The reason is that when you apply for transfer to the real estate transaction management department, you must provide the real estate certificate, otherwise the application will not be approved, and the request for transfer will also be rejected due to the lack of the real estate certificate.

    In the second-hand housing transaction, the general process should be followed, and the buyer and seller should first form an agreement, that is, reach an agreement, and then handle the transfer. A second-hand house without a real estate certificate cannot be transferred, and the procedures cannot be completed at the housing authority. If you want to buy it, there is a risk.

    It should be noted that if only notarization is done without going into the house, there is also a huge risk for the buyer. Because in China's real estate laws and regulations, once a dispute arises between the buyer and the seller, the real estate certificate is the first evidence of the ownership of the house, and the purchase contract is the secondary evidence. Once the seller mortgages or resells the home, the buyer's interests will not be protected.

    Legal basis: Article 9 of the Property Law of the People's Republic of China on the creation, alteration, transfer and termination 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 State in accordance with the law may not be registered.

  8. Anonymous users2024-01-31

    If you don't have a real estate certificate, you can't get a household, and you can't go through the procedures at the housing authority. If you want to buy it, there is a risk. At the very least, you should go to a notary public to notarize the sale and purchase agreement.

    According to the current relevant regulations, only houses that have obtained property ownership certificates can be traded twice, and houses that have not obtained property ownership certificates are prohibited from being listed for trading. Since China currently adopts a property rights registration system, if the owner of the real estate certificate is not himself, he will not have the right to deal with the house, and he will not have the right to enjoy the relevant benefits brought by the house, that is, if the house needs to be demolished in the future, then he will not be able to be compensated. At the same time, if only the contract is signed, the final result is not guaranteed, and if the seller repents, he will also not be able to get the property right of the house, especially if the payment has already been made, which is more risky.

    Of course, in practice, some traders will take this approach, after signing the agreement and notarization, the agreement also stipulates the relevant transfer time. But it still depends on the integrity of both parties. Therefore, it is best to buy a house that has obtained a title deed.

    Consequences of not doing the transfer of the real estate certificate:

    1) There is a huge risk for buyers to only notarize but not to be in the house. Because in China's real estate laws and regulations, once a dispute arises between the buyer and the seller, the real estate certificate is the first evidence of the ownership of the house, and the purchase contract is the secondary evidence. Once the seller mortgages or resells the home, the buyer's interest is not guaranteed.

    2) In addition, the notary public should notarize according to the ownership of the real estate certificate rather than according to the sales contract, and if there is a dispute between the two parties and go through the litigation procedure, its notarization will also be questioned. Buying a second-hand house is not a trivial matter, it is hundreds of thousands at every turn, so consumers are reminded that for second-hand houses without real estate certificates, they must be more careful, and there is no suitable way to deal with this kind of transaction to ensure that the interests of both parties are not lost.

  9. Anonymous users2024-01-30

    The parties to the transaction shall negotiate and draft the relevant terms according to the text of the deposit agreement or sales contract of the commercial housing published on the Internet——— and the real estate development enterprise shall print the agreement or contract confirmed by both parties through the online signing system——— and sign (seal) of both parties - indicate that the commercial housing has been booked or signed on the electronic real estate form.

    The online operation process for each transaction should be completed within 24 hours. has been filed, and the real estate records that can be found by the housing authority are counted as properties under their names.

    Mortgage Loan Procedure:

    1. The commercial housing purchased by the buyer must be the commercial housing of a real estate development company that has signed a mortgage agreement with the bank;

    2. Sign a purchase contract with a real estate development enterprise and pay off the down payment at 20% of the total purchase price;

    3. Submit the application for housing mortgage loan to the bank and submit relevant information;

    4. The bank shall investigate the borrower and the information provided, and notify the borrower to go through the loan procedures at the bank if the conditions are met;

    5. Apply for insurance for the purchased house according to the loan term;

    6. The borrower mortgages the purchased commercial house to the bank, and the real estate enterprise and the relevant departments handle the mortgage registration, and submits the "Housing Other Warrant" to the bank for safekeeping.

    In the field of e-commerce, it can also be called electronic contracting, and there are many ways to sign electronic documents online at home and abroad, but most of them do not have legal effect.

    Such electronic documents can be saved, extracted, verified, and audited for tax purposes. China's existing third-party electronic contracting platforms that can provide online signing services include the state-approved CA trading network. Online signing can greatly improve the security and efficiency of e-commerce.

  10. Anonymous users2024-01-29

    There is a risk of rip-off, which means that a lot of time and energy is wasted in the process of litigation, finding a lawyer, etc. If you want to avoid it, you can only find a lawyer to write the contract as well as possible.

  11. Anonymous users2024-01-28

    In second-hand housing transactions, many houses have signed a purchase contract online, and the purchase contract has also been filed. However, because of the developer, the house has not yet issued the property ownership certificate, and such houses are divided into two types, one is to buy a house with a loan from the original owner, and the other is to buy a house with full payment. Whether it is a loan or a full payment, such a house can be bought and sold by an agent, but it also has a greater risk.

    The transfer is the process of your buyer and seller paying various taxes and fees to the state according to the contract, and the housing management department will take back the seller's real estate certificate and re-issue the real estate certificate to the buyer.

    There is no real estate certificate, only the online contract cannot be notarized. In this case, most of them will negotiate the final payment with the homeowner, sign the tripartite intermediary agreement and press the fingerprint, put the original contract of the original house online, and any information about the house in your hands, in this case, there are still risks, such as the price increase after the house is licensed, the landlord does not sell, it is best to find a guarantee.

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