Is there a problem with the property ownership deed not being transferred?

You are not buying a commercial house, and you don't know where you are buying, what kind of nature, except for a small number of illegal buildings in Shenzhen and specifying the specific construction time, conditions, etc., but also to accept land premium, fines, etc. At present, there is no specific timetable for resolution, because all the land in Shenzhen is state-owned land, and it is only a matter of settlement and compensation with collective land. In other areas, the purchase of non-commercial houses has not been transferred, and the property rights are not guaranteed by the policy.

It's bound to be a lot of trouble.

Article 9 of the Property Law: The creation, alteration, transfer and extinction 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.

If the property rights of the house are not registered, it will not be protected by the law, and it may be recognized as an illegal building when the house is expropriated and demolished, and thus suffer economic losses.

The question is, do the relevant departments allow you to buy a house like this, can you transfer the property to you, you have considered it, it is best to consult the local real estate bureau, does he have the qualifications to build a building?

If the property has not been transferred, it is regarded as not having the ownership of the house in China, and it is recommended to go through the transfer procedures as soon as possible.

2795800842 from Henan Electric University Greentown Learning Center: There is no real estate certificate and land certificate, and if the house is demolished, you will have nothing.

Of course, there is a problem, if you don't transfer the account, it's someone else's, and the transfer is your own.

You may be buying a house under the collective land use right, which is not a commercial house. Later transactions, including mortgage financing, are difficult

If you don't transfer your ownership and don't get a certificate, you can't prove that it's your hidden danger.

Of course there is a problem! But the house is still someone else's!

The hidden danger is that this is an illegal transaction, and once there is a dispute, the court will not accept it.

There must be hidden dangers that must be transferred.

What proof do you have that you bought.

The reasons why the real estate certificate cannot be transferred are: its.

1. The property is a property that has been seized by a court or law enforcement agency. That.

2. The property is a property registered with a mortgage. That.

3. The property is an affordable house with a property ownership certificate of less than five years. That.

4. The property is a homestead house or a small property right house. 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.

1. What is the impact of the real estate certificate not being transferred, there will be a lot of trouble in the future demolition, because the property is subject to the completion of the collapse, and the demolition compensation is the original landlord.

2. The concept of real estate transferReal estate transfer refers to the procedures for changing the property rights of the real estate obtained through transfer, sale, gift, inheritance and other means, and going to the housing ownership registration center to handle the procedures for changing the property rights, that is, the whole process of transferring the property rights from Party A to Party B. There are several different situations of real estate transfer, such as inherited real estate transfer, gift real estate transfer, second-hand housing transfer, etc.

3. The process of land certificate transfer to handle the name change procedures of the land certificate, you need to do the transfer of the house right certificate first, and then you can transfer the land certificate, the process is as follows:

1) After completing the housing ownership certificate, you need to bring the original and photocopy of the ID card, real estate certificate, original land certificate, contract, deed tax invoice of housing transfer and other materials to the local land management department to apply for surveying and mapping, assessment, and issue surveying and mapping and evaluation report;

2) Bring the surveying and mapping and assessment report to the acceptance window of the land management department to apply for processing;

3) If you have already paid the deed tax and other fees for the right to apply for the house, you only need to pay the registration fee (production cost).

Fourth, the land use certificate has not been transferred.

1) The land is collective land, that is, the houses in the countryside, and the land is the kind of homestead certificate and green land certificate. If this is the case, it is not possible to transfer the ownership.

2) The problem left over from history is that in the past, the developer had a large land certificate and did not divide the large land certificate, resulting in each household not having a separate land, but having a real estate certificate. There are also some developers who do not pay the full fee and do not apply for the land certificate, but every household has a real estate certificate.

3) The real estate certificate can be transferred, but it is necessary to go to the land department to issue a certificate to prove that there is no land certificate, or copy the land certificate to the housing management department.

4) The land is state-owned allocated land, that is, it still belongs to the **, there is a large land certificate, and the large land certificate is not divided into each household, but there is no real estate certificate, and the real estate certificate can be transferred, but it is also necessary to go to the land department to issue a certificate.

5. Real estate transfer process.

1) If the transfer of the real estate certificate does not go through the real estate agency, the terms of the contract and the terms of breach of contract must be clearly written, and the party named on the seller's real estate certificate must be present when signing the contract (if it is married, both husband and wife need to be present and signed, even if there is only one person's name on the real estate certificate).

2) After the application materials are ready, you must go to the real estate bureau and fill in some ** and a stock contract, and the amount on the stock contract must be the same as the amount on the signed contract.

3) After the application materials for the transfer of real estate are submitted to the Real Estate Bureau, the Real Estate Bureau will give a receipt to pay the tax according to the date stated on the receipt form, which generally takes about 15 working days.

4) After the real estate transfer tax is paid, you can get the real estate certificate.

Legal Analysis: Risk 1 - In order to avoid business tax, do not leave the account for the time being. Although such a house has a title and looks safe, there is still a risk that the transaction will not be successful.

Due to the overall trend of increasing the value of the house, the seller may request to cancel the transaction due to the large increase in the value of the house. Although the contract is signed and notarized, the court will not necessarily award that the house belongs to the purchaser when deciding on such disputes.

Risk 2 – Housing rights are restricted. For example, if the owner of the property is seized or mortgaged due to civil litigation or criminal punishment, the seller's rights cannot be fully exercised. If the buyer buys such a house, he will bear a great risk, the house may be confiscated, auctioned, and the buyer can only demand a refund of the principal and interest from the seller.

Even if the transaction is notarized with the seller, it is invalid.

Risk 3 – The co-owners of the house do not agree to sell the property. A co-owner usually refers to the wife or husband of the owner, and the buyer must agree to both the owner and the co-owner when buying the home.

Risk 4 - The seller has no property rights to the house, only the right to use it. For example, after some units are divided, the house has been inhabited by the employees, but the unit has not transferred the property rights of the house to the individual employees, and the occupants only have the right to use the house, but not the right to buy and sell. Such a house sale contract is not notarized by a notary office, and even if it is notarized, it has no legal effect.

Risk 5 - joint houses and small property rights houses cannot get property rights certificates. After the buyer buys this kind of house, it is impossible to obtain a legal real estate certificate, if it does not conform to the urban planning, ** can demolish this kind of house without compensation, and all losses can only be borne by the buyer.

Risk 6 - Transitional type of property where the title certificate is still being processed. When the relevant procedures of the real estate company are not complete, the developer may delay the issuance of the real estate certificate to the buyer, and the first-hand buyer faces the risk of not obtaining the real estate certificate.

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, except as otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

No. From the perspective of national laws and policies, houses without real estate certificates are absolutely not allowed to be traded, because according to the laws of our country, the sale and purchase of houses must be subject to transfer, and if there is no real estate certificate, the house cannot go through the transfer procedures, and it is not protected by the state. Since this type of house does not have a real estate deed, it is not possible to carry out loans, transfers, notarizations and other things, so it is recommended to buy it if you are not a brother.

Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred: (1) the acquisition of land use rights by way of transfer, which does not meet the conditions stipulated in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions 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 and administrative regulations prohibit the transfer of the source.

The consequences of not having a title deed are as follows:

1. The original owner of the house will buy and sell the house for a second time;

2. The original owner of the house will set up a guarantee for the house;

3. Because the buyer has not transferred the ownership, it is difficult to prove that he is the owner of the house, and he is not allowed to transfer the house.

The procedures for the transfer of ownership are as follows:

1. Within 30 days after the signing of the housing sales contract, both parties shall apply to the real estate management department with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

2. The real estate management department shall review the relevant documents provided and make a written reply on whether to accept the application within 15 days;

3. The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred houses as needed;

4. The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

5. The transfer slip shall be issued by the real estate sail head management department. After completing the above formalities, both parties shall obtain the real estate ownership certificate in accordance with the relevant laws and regulations by virtue of the transfer procedures.

Legal basisArticle 209 of the Civil Code of the People's Republic of China.

The creation, alteration, transfer and extinction 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.