How to trade a house that has not yet been issued a title deed

Regarding your situation, there are currently two ways to upload operations on the market: 1. It is the procedure for changing the name of the contract.

2. It is to wait for the real estate certificate to come down before the transfer.

Here's how the transaction flows:

In either case, the owner needs to first pay off the loan mortgaged by his bank: 1. Change the name of the contract. The original owner will repay the bank's loan, and then the bank will issue a settlement certificate and go to the real estate bureau to take out the mortgage contract, and the housing developer will go to the real estate bureau with the contract and the cancellation registration form to go through the cancellation procedures for the house, and after the cancellation is completed, you will sign the new commercial housing sales contract and re-file the registration until you get the new contract that belongs to you.

In addition, it should be noted that there are many prerequisites for whether the house can be renamed at present, and you cannot mortgage it.

2, first by the original owner of the house ownership certificate and then transfer to your name, you can choose the mortgage, this method I will not be here in detail, most people understand the process, the defect of this method is that because of the need to handle the house ownership certificate so there will be a lot of costs, such as: business tax, individual tax, 2 times deed tax (once is the owner himself for the real estate certificate to pay, once is when you handle your real estate certificate to pay) and so on, the cost is larger, virtually also increase your cost.

Friends, the two methods have their own advantages and disadvantages, you choose carefully, the advantage of the first method is to reduce most of the costs, the procedure is simple, but because there is a blank period in the middle, and for once there is a situation in case, it is not easy to do; The advantage of the second method is that the person who has the property certificate is steady, and the disadvantage is that it takes a long time, costs a lot, and has a lot of variables (the house price will rise during the waiting period, and it may not be sold).

In fact, there is another method is notarization or lawyer witnessing, but these methods have too many drawbacks, and it is best not to use them, so I will not give you details here.

The "Housing Ownership Certificate" is a legal certificate for the state to protect the legitimate rights and interests of the house owner in accordance with the law, and is a necessary condition for the property owner to exercise its legitimate rights and interests. Unregistered houses are not protected by law, and at the same time, they can cause unnecessary trouble and losses to buyers.

1. Unregistered houses cannot be bought or sold. Even if the transaction is private, the transfer procedure cannot be completed.

2. Unregistered houses cannot be mortgaged. Mortgage on a house is a safe way of financing approved by banks, and without a title deed, the house cannot be mortgaged, which will affect doing business or investment.

3. Unregistered houses cannot be rented. If the rented house does not have a title certificate, and there is a dispute between the two parties (rent arrears or non-vacancy when it expires), the legitimate rights and interests of the lessor cannot be protected.

4. Unregistered houses cannot protect legitimate rights and interests. When the right holder has a dispute with others or is infringed upon due to the issue of property rights, its rights and interests cannot be protected because it is unable to provide the property right certificate to the administrative, arbitration or judicial authorities.

5. Unregistered houses cannot be compensated. In the event of compensation for house demolition, the buyer may not be compensated because he does not have a title certificate.

6. Unregistered houses cannot be inherited or gifted. When a house is donated or inherited, it must be notarized. According to the regulations, without the property right certificate, the notary department will not go through the relevant procedures, and the rights and interests of the heirs and donees will not be protected.

It is best to let him borrow money to pay off in advance, because the house that has not been paid off is generally not allowed to be transferred, that is, the mortgage is not allowed when the policy is tight. But usually he doesn't have the money to pay it back in advance, so you may have to lend it to him. After that, it's just like a normal real estate.

According to state regulations, houses without real estate certificates are not allowed to be bought and sold. It is not legal for this kind of house to be listed without you have obtained a title deed. Because a house without two certificates** is not protected by law.

Of course, there are also ** such houses. Then this is a private agreement for you to write, but you must indicate who pays the taxes and fees incurred in the transfer of the house, which is very important, and I don't know what the policy will be in the future.

Notarization, only notarization, give him the money first, you go in to live, and the certificate is transferred immediately.

It's best to go through the formalities first, or there will be problems later.

A house cannot be traded without a title deed. When going through the procedures for the transfer of ownership of the house, the parties must provide the real estate certificate, land certificate and deed tax certificate and other documents, and the house without the real estate certificate cannot be registered and transferred when going through the transaction procedures.

1. On the one hand, because this kind of house may have unclear property rights, the purchase contract can also be faked, if there is no real estate certificate issued by the housing authority as a certificate, I don't know who is the real property owner, and the transfer of ownership of this kind of house is generally more troublesome, more disputes, and greater risks, and there may be more than one house to sell, and the buyer may face both money and house.

2. On the other hand, because there is no real estate certificate, it is generally difficult to apply for a loan, and it is necessary to purchase it in full, so the pressure on the buyer will be great, and without the real estate certificate, if the house is expropriated in the future, it will not be able to get compensation.

Can I buy a house that has not come down before the title deed How to trade if the title deed has not come down.

How to trade if the real estate deed is not down?

1. The buyer and seller of the house agree to wait for the real estate certificate to come down and then transfer the ownership.

This method is a second-hand house sale, and the taxes and fees that need to be paid will be more than that of a new house. Including: personal income tax, deed tax, value-added tax, etc.

This method is relatively simple and straightforward, can be transferred in time, and the risk is low. The disadvantage is that the tax is relatively high, and the time cost is relatively long.

2. Direct name change.

Process: The seller needs to pay off the bank loan first; The seller takes the settlement certificate issued by the bank and goes to the housing authority to take out the mortgage contract; The developer goes to the real estate bureau with the contract and the cancellation registration form to go through the cancellation procedures for the house; After the cancellation is completed, the buyer and the developer will sign a new contract for the sale and purchase of commercial housing, and then go to the housing authority for re-filing.

3. It is easier to deal with the situation that you have just paid the down payment and have not yet applied for a mortgage, because the developer has not yet filed with the housing authority. The buyer and seller can go directly to the developer to handle the contract transfer, that is, to negotiate with the developer, sign a new purchase contract with the buyer, and take back the old purchase contract. Then the buyer can pay the down payment to the seller.

Legal basis

Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

If the property ownership certificate is not applied for and the house is not registered, the seller can change the purchase contract signed with the developer and change the registered name to the developer's name, which is equivalent to the developer and the buyer signing a new purchase contract. If you have already gone through the filing and registration, but you have not yet applied for the real estate certificate, you need to pay off the loan and complete the real estate certificate before you can proceed**.

Legal basis: Article 63 of the Law of the People's Republic of China on the Administration of Urban Real Estate: If the people of provinces, autonomous regions and municipalities directly under the Central Government determine that the local people at or above the county level are responsible for real estate management and land management by a unified department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be included in the real estate right certificate respectively.

Legal basis: 1. Article 33 of the "Housing Registration Measures" stipulates that the following materials shall be submitted to apply for the registration of the transfer of housing ownership:

1) Application for registration;

2) Proof of the applicant's identity;

3) Certificate of ownership of the house or certificate of real estate rights;

4) Materials proving the transfer of ownership of the house;

5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.