What should I do if I can t get a real estate certificate for a commercial house?

1. Negotiate with the developer

Generally, there is an agreement in the purchase contract for the real estate certificate to handle the time, if it is the developer's reasons that the property right certificate cannot be processed. Within a certain period of time, the buyer does not check out, and the developer should pay liquidated damages on a daily basis; There is also a type where the buyer checks out, and the developer pays a certain amount of liquidated damages. If the two parties do not have much disagreement, after reaching an agreement, the two parties sign an agreement to agree on the way to bear the liability for breach of contract and the final way to deal with it, and the developer will compensate the buyer.

2. Send a lawyer's letter:

If the real estate certificate cannot be processed because of the developer's reasons, and the buyer cannot negotiate with him, he can entrust a lawyer to send a lawyer's letter to the developer. The lawyer's letter can mainly play a role in urging and warning, urging the developer to take the initiative to take responsibility, and actively solve the problem of not being able to get the real estate certificate, sending a lawyer's letter is much more convenient than the judicial way, but the lawyer's letter is not mandatory, if the other party refuses to compensate, it is still necessary to file a lawsuit in the end.

3. Filing a lawsuit:

If the developer refuses to solve the problem after negotiation and letters, then the buyer can sue in court to continue to perform the contract or request to terminate the contract, and at the same time investigate the developer's liability for breach of contract.

Reasons why the house does not have a title deed.

1. The housing quality inspection is unqualified.

According to the relevant laws and regulations of our country, if the new house built by the developer has quality problems and cannot pass the acceptance of the relevant departments, it will not be able to hand over the house and cannot apply for the real estate certificate.

2. The developer did not obtain the complete five certificates when selling the house.

If a developer wants to sell a commercial house in the real estate market, it must obtain a complete set of five certificates. If the five certificates are incomplete, then the house built is an illegal building, and the buyer cannot apply for the real estate certificate even if he buys it, so the house with incomplete five certificates must not be bought.

3. The developer mortgages the house to others.

Although some developers have obtained five certificates and have obtained large property rights certificates, in order to recoup funds to develop new projects, developers mortgage the houses of the project to others, and at the same time ** the houses of the project. In the face of this situation, if the developer can not fulfill the due debts in time, and the mortgagee requires the realization of the mortgage, the buyer will definitely not be able to obtain the real estate certificate, and even the right of residence, and finally the buyer can only get back the payment through litigation, whether it can be repaid is another matter, so the buyer should fully understand the housing situation before buying a house.

4. The relevant taxes and fees have not been settled.

There are many taxes involved when buying a house, and if the buyer pays one less tax, it will lead to the inability to apply for a real estate certificate. However, this situation is relatively simple, as long as the buyer pays the relevant taxes and fees in time, he can apply for the real estate certificate normally.

Since it is a commercial housing sales unit, it should be presented and handled in the system for the real estate certificate, if the unit selling the commercial housing does not apply for the real estate certificate for a long time, it will affect the court prosecution.

What is the specific reason for that? If it is not done, this development is stuck on which article, and then you can reflect the situation according to this, if it is indeed a problem that belongs to the developer, you can sue the developer.

Commercial housing can not get a real estate certificate, there must be no way to solve it here, this must be to find out the cause of the problem, who should be found to solve it.

If you don't want to sell it, you can use it first, and no one will care about you if you use it first.

If the real estate certificate cannot be obtained due to the developer's reasons, it can be solved in the following ways.

1. Negotiate and settle.

If the two parties do not have much disagreement, after reaching an agreement, the two parties sign an agreement to agree on the way to bear the liability for breach of contract and the final way to deal with it, and the developer will compensate the buyer.

2. Send a lawyer's letter:

If the negotiation fails, a lawyer can be appointed to send a lawyer's letter to the developer. The lawyer's letter can serve as a reminder and warning to the other party, urging the other party to take the initiative to take responsibility, which is much more convenient than the judicial route, but the lawyer's letter is not mandatory, and if the other party refuses to compensate, it is still necessary to file a lawsuit in the end.

3. Filing a lawsuit:

If the developer refuses to solve the problem after negotiation and sending a letter, it can file a lawsuit in the court to demand continued performance of the contract or request to terminate the contract, and at the same time investigate the developer's liability for breach of contract.

If you have to want it, you can appeal, and if you don't really want to buy it, you can live in it.

Generally speaking, there are two possibilities for the property ownership certificate to be issued, one is that the property right certificate cannot be obtained due to the developer, and the other is due to the buyer.

1. From the developer's point of view, the main reasons for not being able to apply for the property right certificate are:

Projects that are developed using collectively owned land, which is commonly referred to as "small property".

Projects that have not been approved for project approval.

Projects that have not obtained planning approval.

Houses that do not have a sales permit and do not have a title deed.

Houses that have not been inspected or have failed to pass the inspection.

The land or house is currently under mortgage.

The developer has not paid the relevant taxes and fees.

land, housing and other relevant departments to seal up, restrict transactions, and so on.

2. From the perspective of home buyers, the main reasons for not being able to apply for a house ownership certificate are:

The buyer did not pay the relevant taxes.

Failure to provide the relevant information and identity certificate required by the housing registration and issuing authority when applying for the property ownership certificate; Entrusting another person to handle the real estate certificate but not issuing a power of attorney.

Summary. If the community has met the conditions for applying for the real estate certificate, the owner can sue for the transfer.

If the developer has a serious problem and does not approve it, it will be forced to approve it through administrative litigation.

If the developer has a very serious problem and it is very difficult to get a real estate certificate, it is necessary to consider moving out in time.

What should I do if I can't get the real estate certificate of the commercial house?

If the community has been soaked and has the conditions for applying for the real estate certificate, and there is no hard injury, the owner can sue for the transfer of ownership. If the developer has a serious problem and does not approve it, it will be forced to approve it through administrative litigation. If the developer has a very serious problem and it is very difficult to get a real estate certificate, it is necessary to consider moving out in time.

I hope mine is helpful to you, dear

What house can't get a real estate certificate? What is the reason? Generally speaking, it is not possible to apply for a real estate certificate for a small property right house, but even if it is a normal purchase house, it will not be able to apply for a real estate certificate for some reasons.

If the house cannot be deed, it may be the reason for the house itself, but it may also be the reason of the buyer, so it needs to be discussed in two situations.

First, the reason for the house itself.

1) The house does not have a legal title certificate.

2) The land use of the house has been changed without permission.

3) The house or land has not been released from the mortgage.

4) The house and land were judicially seized by the relevant departments.

5) The land on which the houses are built is collectively owned.

6) There is a dispute over the property rights of the land of the house.

7) The quality of the house has not been accepted or the acceptance is unqualified.

8) The house has not obtained planning approval.

Second, the reasons for buying a roll-sensitive house.

1) The buyer did not pay the relevant taxes.

2) The buyer fails to provide the relevant information and identity certificate required by the housing registration and issuing authority.

3) What should the buyer do if he entrusts others to apply for the real estate certificate but does not issue a power of attorney and the house cannot handle the real estate certificate?

1. Look at the contract If the buyer has bought a house, but finds that the house cannot apply for the real estate certificate, and wants to hold the seller responsible, first of all, you need to check the contract to see if the contract has agreed on the situation that the real estate certificate cannot be handled. If this situation has been stipulated in the contract, it shall be executed in accordance with the contract. In addition, it should be noted that if there is no clear agreement on the default amount in the contract, it can be calculated according to the total amount of the purchase price paid, with reference to the standard for financial institutions to charge overdue loan interest stipulated by the People's Bank of China.

2. Look at the lawIf there is no agreement in the contract on the situation that the real estate certificate cannot be handled, then it will be implemented in accordance with the relevant laws and regulations. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing, "if the buyer fails to obtain the certificate of ownership of the house within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties:

1) The time limit for the registration of housing ownership as agreed in the contract for the sale and purchase of commercial housing;

2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built on a large branch, it shall be 90 days from the date of delivery of the house;

3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract".