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If you do not apply for a real estate certificate, you can receive it to prove that you have the right to the house you have received and the house is in your own name The buyer receives the notice of delivery of the house and the steps of the house: 1The required property department to view the information includes:
a. Housing "Residential Quality Assurance Certificate"; b. Residential Instruction Manual; c. "Completion Acceptance Record Form"; d. Area measurement table; e. As-built drawings of pipeline layout (water, strong electricity, weak electricity, structure); 2.The buyer inspects the house with the property, and the house inspection standard is based on the relevant regulations stipulated in the "Commercial Housing Sales Contract", and the scope of the house inspection includes the quality of the house and ancillary facilities, whether the indoor harmful gas exceeds the standard and the district environment, etc.; 3.The buyer will accept the existing problems and ask questions, improve opinions or solve the property to be signed; 4.
Issue a notice of delivery within the agreed time limit to solve the problem of house inspection; 5.There is no problem for the buyer to inspect the house with the property, and the buyer receives the house key, signs the "Residential Key Collection" and "Check-in Handover Form", and delivers the commercial house.
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No, it doesn't. If the developer defaults and delays the delivery of the house to you, you can pursue the developer's violation according to the purchase contract;
If the developer has not breached the contract and delivered the house to you on time, but has not received the house because of your reasons, this can be negotiated between the two parties;
As for the real estate certificate or should it be said that it is a small two certificates, Xinwo.com reminds that it must be handled by the owner after receiving the house.
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The application for the real estate certificate without receiving the house depends on the situation, and the specific provisions are as follows:
1. The owner cannot apply for the real estate certificate without receiving the house; If it is an off-plan house that is still under construction and has not been delivered, the real estate registration agency needs to conduct an on-site inspection of the house. If the house is still under construction, then the agency will not be able to inspect it on the spot, and it will not be able to get the real estate certificate;
2. If the developer has obtained the ownership certificate of the building where the house is located and applies for the real estate certificate according to the contract, it can be handled without on-site inspection. If you hand over the house at this time, there is no connection with the real estate certificate;
3. If the developer breaches the contract and delays the delivery of the house, resulting in the impact of the real estate certificate, the developer can be investigated for violations according to the purchase contract. If the developer does not breach the contract and delivers the house to the party on time, but does not accept the house because of the party's reasons, this can be negotiated by both parties.
Legal basisArticle 34 of the Administrative Measures for the Sales of Commodity Housing.
Real estate development enterprises shall, before the delivery of commercial housing, entrust a unit with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project, and the surveying and mapping results shall be submitted to the real estate administrative department for examination and approval for housing ownership registration.
The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required by it to handle the registration of housing ownership to the real estate administrative department where the housing is located.
Real estate development enterprises shall assist the buyers of commercial housing in handling the formalities for the change of land use rights and the registration of house ownership.
Article 208 of the Civil Code of the People's Republic of China.
The establishment, 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.
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Legal Analysis: Not necessarily. For example, small property rights houses in rural areas are built on farmers' homesteads, and many of them do not have real estate certificates.
However, from the day the houses were built and capped, the ownership of the houses belonged to the farmers who built them. ** It cannot be confiscated, unless it is an illegal building and may be demolished in accordance with the law.
Legal basis: The People's Republic of China Urban Real Estate Management Law on Fraud Article 60 to obtain land use rights by way of transfer or allocation, shall apply to the local people's land management department at or above the county level for registration, verified by the local people's land management department at or above the county level, issued by the people at the same level to make the Qingchang people use the certificate. 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 certificate of land use rights, and the local people's real estate management department at or above the county level shall verify and issue a certificate of ownership of the house.
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.
Can I buy a relocation house? It is not recommended to buy a relocation house, and quality and property rights are things to pay attention to.
1. The following materials need to be submitted for the rural homestead real estate certificate: According to the provisions of the "Housing Registration Measures", the following materials shall be submitted if the application for initial registration of house ownership is applied for due to the legal construction of a house: (1) Application for registration; (2) Proof of the applicant's identity; (C) the homestead use right certificate or the collective ownership of the construction land use right certificate; (4) Proof that the registered house conforms to urban and rural planning; (5) Housing surveying and mapping reports or villagers' housing plans; (6) Other necessary materials. >>>More
1. In terms of house prices.
There is a difference between commercial housing and demolition housing, which can be listed immediately and mortgaged by the bank for loans. The relocation house enjoys the preferential treatment of the national policy, does not include land transfer money, is relatively low and has small property rights, so it does not enjoy the above rights of commercial housing. >>>More
Generally speaking, "small property right house" is a house built on collective land, and according to the current policy, ** is generally not supported, and the property right certificate that can issue this kind of house can only be issued at the township level and village level, so it is "township property right house", also called "small property right house". The so-called small property rights issued by the township ** actually have no real property rights. This kind of house does not have a land use certificate and pre-sale permit issued by the state, and the land and housing management bureau will not file the purchase contract. >>>More
The housing ownership certificate specifically includes the "Housing Ownership Certificate" and the "Land Use Right Certificate", but in some places, it may also be the "Real Estate Ownership Certificate" issued by the housing management department and the land management department. >>>More