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A lawsuit can be filed with the court, and if the developer has not obtained the pre-sale permit for commercial housing before the lawsuit, the previously signed contract will be invalid, and the developer can be required to move out and compensate for the loss. If the developer obtains a pre-sale permit before the lawsuit, the contract is valid, and the developer can be required to continue to fulfill its obligations and cooperate with him in handling the housing registration process. If the developer has obtained the "Commercial Housing Pre-sale License", but does not cooperate with the filing and registration, he can complain to the housing management department to protect his legitimate rights and interests.
Real estate development enterprises must register and record the purchase contract. If the developer does not register the purchase contract, first of all, it may be that the enterprise has not obtained the pre-sale qualification of the commercial housing or other procedures are incomplete resulting in the inability to file the record, then the buyer should decisively apply for check-out and request the developer to compensate for the corresponding losses. If the developer cannot register because the five certificates are incomplete, you can file a complaint with the housing management department where the property is located.
When you buy a house, the general record is a necessary procedure for buying a house, but there are often developers who have begun to sign contracts with customers when they have not obtained the "Commercial Housing Pre-sale License", and later because the developer has not obtained the license for a long time, the customer cannot obtain the real estate certificate, and there is even a risk of selling more than one house.
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If there is no filing after buying a house, you can urge the developer to go through the housing filing procedures. After the general commercial housing is signed online, the developer shall file the contract, obtain the record number after being reviewed by the relevant departments, print out the contract text, sign and seal the buyer and seller, and each hold the number of copies that should be taken. After the contract is signed, the real estate management department will return a 9-digit record number starting with 06, indicating that the contract has been successfully recorded.
In addition, to inquire about the filing and registration of the contract, you can log in to the local housing management bureau** of the commercial housing sales contract filing and registration inquiry channel, enter the ID number and contract filing registration number, and select the correct filing time.
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If you buy a house without a record, you can handle it directly, and the real estate certificate will also work, as long as the real estate certificate comes down, it will be insured.
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Hello, the house without the record can not be purchased, the house without the record does not have the real estate certificate, the house is not registered with the housing authority, the house is not a legal house, and the sale transaction can not be carried out in the future, and the purchase or sale transaction will not pass when the transaction is carried out to the trading center to go through the formalities, so the signed house sale contract is also invalid. There are clear provisions in the sale and purchase of houses, and the sale and purchase of houses without property rights and partial property rights cannot be carried out, so the contract can be terminated in accordance with the law.
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The solution to the failure to file the house is: when the real estate developer signs the pre-sale contract with the buyer when the commercial housing is pre-sold, it must go to the local housing management department for the record, and the filing time is within 30 days of signing the contract.
[Legal basis].
Article 9 of the Administrative Measures for the Pre-sale of Commodity Housing shall present the Commodity Housing Pre-sale Permit to the purchaser for the pre-sale of commercial housing. The sales advertisement and brochure must indicate the approval number of the "Commercial Housing Pre-sale Permit". If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out.
Article 10 For the pre-sale of commercial housing, the development and operation enterprise shall sign a contract for the pre-sale of commercial housing with the purchaser. The pre-seller shall, within 30 days from the date of signing, hold the pre-sale contract of the commercial housing to the people's ** real estate management department and land management department at or above the county level for registration and filing procedures. The pre-sale of commercial housing can be entrusted to the ** person, but there must be a written power of attorney.
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The solution to the failure to file the house is: submit the signed house sale contract online; The property rights market department confirms and generates a contract registration number; Fill in the record registration number and submit the contract record registration form; The property rights market department checks and seals it correctly.
[Legal basis].Article 2 of the Guiding Opinions on Connecting the Unified Registration of Real Estate with the Administration of Housing Transactions.
Strengthen the management of housing transactions and the unified registration of real estate. Strengthen the management of housing transactions. Housing transaction management is the foundation and core of real estate market regulation.
Real estate management departments at all levels should strengthen the construction of housing transfer, mortgage, leasing, area management, housing transaction files, housing intermediaries, and personal housing information systems, especially to do a good job in the pre-sale license of commercial housing, the online signing of housing sales contracts, the supervision of housing transaction funds, the establishment of real estate tables, the examination of purchase qualifications, the first verification, the management of stock housing and policy-based housing listing transactions, as well as the formulation and supervision of housing mortgage policies and other specific work of transaction supervision, so as to achieve an orderly connection of related businesses.
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Legal analysis: The developer must file and register the purchase contract. If the developer does not file and register the purchase contract, it may be because there is no pre-sale certificate or other procedures are incomplete, resulting in the inability to record.
If this is the case, you can apply to move out and ask the developer to compensate for the damages. If the developer has all five certificates, but has not filed and registered the purchase contract, he can file a complaint with the housing authority.
Legal basis: Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing For the pre-sale of commercial housing, the developer shall sign a pre-sale contract with the purchaser. The developer shall, within 30 days from the date of signing, go through the registration and filing procedures for the pre-sale contract of commercial housing with the real estate management department and the municipal and county people's land management department.
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Summary. If you need to file before signing the contract, you can sue the developer now, and you can just take the contract to the court to sue.
Hello, I have seen your question, I am sorting out the answer, please wait a while Hello, the record of the house you bought should be done by the developer, if you find that your house is not recorded, please go to the developer to communicate with them, if they do not record the house, then this bad house is not able to handle the front beam real estate certificate, you can sue them in court.
Can I sue the developer if I haven't filed for 5 months?
Generally, if the contract has not been filed for a long time, you can sue the developer.
How the court prosecutes and how evidence is collected.
If you need to file before signing the contract, you can sue the developer now, and you can just take the contract to the court to sue.
If you have gone to the company to negotiate with them, you can record this as evidence.
There was no recording. As long as you can see the name of the company, forget it.
There is a name, Evergrande's house.
You can go to the sue.
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If the house is not registered with the housing authority, the house is not a legal house, and it cannot be listed for sale and purchase, and it will not pass the review when the purchase and sale transaction is carried out to the trading center, so the corresponding signed house sale contract is also invalid. There are clear regulations on the sale and purchase of houses, and the sale and purchase of houses without property rights or partial property rights cannot be carried out, so the contract can be terminated in accordance with the law.
Housing filing application.
1. After signing the "Real Estate Lease Contract" with the lessee, the lessor shall apply for the registration of the housing lease at the workstation of the Rental Housing Management Service Center on the street where the house is located, and submit the following information:
1) Real estate ownership certificate or other legal ownership certificate (original and 1 copy);
2) Four copies of the Real Estate Lease Contract;
3) Lessor's resident ID card or other valid identity documents (1 copy);
4) Tenant's resident ID card or other valid identity documents (1 copy of the buried print);
2. Review. In accordance with relevant laws and regulations, the workstation will review the authenticity, completeness and standardization of the application materials, return the original to the applicant for the rental house that meets the housing registration record, sign and confirm on the "Housing Lease Filing Acceptance Form", and send the relevant information to the tax collector of the street rental housing management service center for review, and return the relevant information to the applicant for the rental house that does not meet the registration and filing, and patiently explain the reasons.
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Don't worry, you and your children are in this house, and your mother can't sell the house if she wants to, and she can't sell the house without your consent, because your hukou is here, and you have the right to live in this property. This is a right given to you by the law, you have to take advantage of it, you don't agree with your mother to sell the house, she just talks about selling the house, you say you don't agree, because you want to live here, so she has no choice. Bless you and your children!