The second hand new house real estate certificate has not been done for the time being, how can the

Hello, legally speaking, a house without a title deed is not allowed to be traded, and there are certain risks. However, houses without a license are generally lower than the market price, so it is still easy to make people excited.

So how to trade such a house to avoid risks to the greatest extent?

1.Do notarial entrustment. Go to the local notary office, handle the house notarization, notarize the seller's ownership and disposal of the house to the buyer's name, wait until the certificate is issued, and then go through the transfer procedures.

2.Sign the contract for the sale and purchase of the house, pay a part of the deposit to the seller, and wait until the real estate certificate is issued before proceeding with the transaction.

It should be noted that a house without a title deed cannot be loaned. If it has not been able to get a real estate certificate, it is also likely to be a house with small property rights, which is listed in the scope of the state to be demolished, and is an illegal house without any legal protection.

It is recommended to buy this kind of second-hand house that has not been licensed for the time being, it is best to find a housing agent**, on the one hand, the agent is more experienced than you, knows how to identify the nature of the house, and knows how to avoid risks. On the other hand, in case something happens, at least there is an intermediary to vouch for.

Hope, thank you.

Common transaction method: the buyer and the seller take the information to the notary office to make an appointment contract notarization, and then the seller will hand over the purchase materials to the buyer, and the buyer pays the seller 30-50% of the down payment. Then wait for the property to come down and then go through the transfer procedures.

There are two cases:

1. If you can't apply for a real estate certificate in the future, you can't buy it, because the risk is too great.

2. In the future, if you can apply for the real estate certificate, you can rent **, and after the real estate certificate is completed, you will go through the transfer procedures and deduct the purchase price with the rent.

The whole process of a second-hand housing transaction is roughly divided into the following stages:

1. The buyer and the seller establish information communication channels, and the buyer understands the overall status of the house and the property rights, and requires 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 and can be listed for trading, the buyer can pay a deposit for the purchase of a house (paying the deposit for the purchase of a house is not a necessary procedure for the sale and purchase of commercial housing), and the buyer and seller sign a house sale contract (or 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, approve the transfer procedures for the houses that meet the listing conditions, and refuse to apply for no property rights or partial property rights without the written consent of other property rights co-owners, and prohibit listing transactions.

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. Beijing has abolished the sale of real estate in the course of the transaction, 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.

1. How to buy and sell a house that has not yet applied for a real estate certificate.

According to our law, a house cannot be bought or sold without a title certificate. However, it is not uncommon to buy and sell houses without title deeds. There are two categories of such situations:

1. Buying and selling houses that cannot apply for national property rights certificates at all, such as small property rights. If the sale has been completed and the buyer has actually lived in it, the buyer's right of residence can be protected by law, but he does not enjoy the legal title to the house.

2. The property rights of the house can be handled in accordance with the law, but the formalities have not been completed at the time of sale. For example, off-plan housing and second-hand new housing sales. This type of contract is in principle a valid contract.

If the two parties have handled the transfer of ownership of the house after the property right is obtained, it will be deemed that the contract has been performed, and neither party can renege on it. Even if the seller repents and refuses to handle the transfer, the buyer can demand the performance of the contract in accordance with the law.

It should be noted that for this type of transaction, it is necessary to do a good job in risk prevention, mainly to clearly stipulate the seller's liability for breach of contract, such as a high amount of liquidated damages can be agreed in the sales contract, or the time limit for obtaining the house title certificate, or the time limit for the transfer of ownership after the property right certificate is obtained. In this way, the interests of the buyer can be safeguarded to the greatest extent.

How to buy and sell a house that has not yet been deed? What is the effect of the transfer of a house without a title deed?

2. What is the effect of the transfer of the house without the real estate certificate?

1. In practice, there are different understandings of the validity of off-plan transfer contracts.

2. There is a point of view that it is invalid, on the grounds that Article 37 (6) of the Urban Real Estate Management Law has the provision that "real estate that has not been registered and received the ownership certificate in accordance with the law shall not be transferred", but Article 45 of the law stipulates: "If the commercial housing is pre-sold, the issue of re-transfer of the uncompleted pre-sold commercial housing purchased by the pre-purchaser of the commercial housing shall be stipulated by ***".

On April 30, 2005, the Ministry of Construction and other seven ministries and commissions jointly issued the "Opinions on Stabilizing Housing", which was clearly stipulated to prohibit the purchase of pre-sold commercial housing. However, this opinion is a policy regulation issued by the state to pretend to speculate on housing and raise housing prices.

4. We cannot conclude that the transfer contract is invalid just because the seller has not obtained the house ownership certificate. The reason is that the buyer of the house sale contract cannot enjoy the ownership of the house before obtaining the house ownership certificate, but he can enjoy the creditor's rights in the sales contract.

The assignment of creditor's rights is one of the rights conferred on the parties to the contract by the Contract Law, and there is no reason not to allow the parties to transfer their contractual rights, so the buyer's reassignment does not violate the prohibitions of the law. Accordingly, it does not affect the validity of the contract of assignment. Therefore, the transfer of a house without a real estate certificate still has legal effect.

Not tradable, (except for houses that have not been signed online).

A house that has not received a real estate certificate cannot be transferred, and private transactions between buyers and sellers are not protected by law.

If the title deed is not down, it will definitely not be able to be traded, because the ownership of the house is not clear. There are rules for real estate trading centers.

Without a real estate certificate, it is impossible to carry out second-hand housing transactions at all, and it is not protected by law.

According to the law, a house cannot be traded without a second certificate. Because if the real estate certificate is directly in your name through the so-called contract name change, you will pay less transfer taxes. However, many developers still privately handle the so-called contract name change, and charge a certain name change fee, of course, this fee is also illegal.

Since the fee collection itself is not legal, it is not good to prepare oak to judge the 6% problem. Like us, in the past, the contract was about 5,000 or so, but now it has risen to 10,000, why, it is because after the tax increase, many people want to operate through this model. If you really want to do this, you can only negotiate with the developer to help you deal with it.

Because the contract name change cannot be done without the cooperation of the developer, of course, you can also go through an intermediary, but in the end it still costs a lot of money. If you still have any questions, you can send a message to ask further.

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

If both the buyer and the seller agree to transfer the property after the title deed, this is a second-hand house sale, and the taxes and fees need to be paid more than that of the new house. Including personal income tax, deed tax, value-added tax, etc. Because this method is relatively simple and straightforward, the transfer can be carried out in a timely manner, and the risk factor is relatively low.

One disadvantage is that the taxes and fees will be relatively high, and the time cost will be long.

2. Direct name change:

The seller needs to pay off the bank loan first, and the seller takes the settlement certificate issued by the bank and then goes to the housing authority to take out the mortgage contract, and 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 the commercial housing, and then go to the housing authority for a new record.

3. I have paid the down payment and have not yet applied for a mortgage

This method will be easier to deal with, because the developer has not yet filed with the housing authority, so the buyer and seller can go directly to the developer to handle the transfer of the contract. Then the developer and the buyer sign a new purchase contract, and the original purchase contract is withdrawn, and the buyer can pay the down payment to buy the house.

What are the risks of a house without a title deed.

1. Encounter more than one house for sale:

Even if someone buys a house without a real estate certificate, it is impossible to go through the property rights transfer procedures, and in the case of no property rights transfer procedures, the seller is likely to trade with multiple buyers, which means that one house is sold with more than one friend. If a buyer buys a house without a title deed, he cannot prove that the house belongs to him/her, and a house without a title deed is more risky when the transaction is made.

2. You can't apply for a loan

As we all know, we take out a loan to buy a new house, after the real estate certificate is mortgaged in the bank, and the same is true for the purchase of second-hand houses, if buyers want to apply for bank loans to buy second-hand houses, then they need to provide the real estate certificate of second-hand houses. However, in the bank's view, the second-hand house without the property ownership certificate belongs to the house with unclear property rights, and it is very likely that disputes will occur, and in order to avoid risks, the bank will not approve the loan for the house without the property ownership certificate.

3. Unable to obtain compensation:

Now there are a lot of demolition of the second generation, in most cities in our country if the house is demolished, the homeowner can get a lot of compensation, but there is no real estate certificate will not be able to get compensation, which is a very big loss for the homeowner. In addition, it should be noted that houses without real estate certificates cannot be inherited, gifted, mortgaged, etc.

Legal analysis: 1. The meaning of this law is that if the house purchased by oneself has not been transferred to one's own name, it is equivalent to that there is no property right certificate at this time, and the buyer and seller have only signed a house sale contract, and have not completely completed the transfer registration procedures.

2. In this case, real estate transactions without property rights certificates are not protected by law. Because in the process of real estate transactions such as houses, the transfer of ownership is one of the most important procedures. Without a property right certificate, it is impossible to transfer the ownership, so there is no way to buy and sell the house at this time.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 36 For the transfer or mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of Chapter V of this Law.

Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department prescribed by the local people's ** at or above the county level. Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.

The seller has not handled the second-hand house of the real estate certificate can not be directly traded, only the two parties can reach an agreement and sign the sales contract, and the real sense of the transaction needs to wait for the seller's real estate certificate to be completed before the property right can be transferred.

The Property Law stipulates that the creation, alteration, transfer and extinction of immovable property rights shall become effective upon registration in accordance with the law; Without registration, it shall not take effect, unless otherwise provided by law.

Expansion of the sale of nuclear embedded materials:

Chapter I: Basic Principles.

Article 1: This Law is formulated on the basis of the Constitution so as to preserve the basic economic system of the State, to preserve the order of the socialist market economy, to clarify the ownership of things, to give play to the utility of things, and to protect the property rights of rights holders.

Article 2: This Law applies to civil relationships arising from the ownership and use of things.

For the purposes of this Law, the term "property" includes immovable and movable property. Where the law provides that rights are the object of real rights, follow those provisions.

For the purposes of this Law, the term "property right" refers to the right holder's right to directly control and exclusively over a specific thing in accordance with the law, including ownership, usufruct and security interest.

Article 3 In the initial stage of socialism, the State adheres to the basic economic system with public ownership as the mainstay and the common development of economies under various forms of ownership.

The state consolidates and develops the public sector of the economy and encourages, supports, and guides the development of the non-public sector of the economy.

The Guoshi family implements a socialist market economy and guarantees the equal legal status and development rights of all market entities.

Article 5 The types and contents of property rights shall be prescribed by law.

Article 6 The creation, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

Article 7: The acquisition and exercise of real rights shall comply with the law, respect social morality, and must not harm the public interest or the lawful rights and interests of others.

Article 8: Where there are other special provisions on property rights in the relevant laws of the People's Republic of China, follow those provisions.