How to trade a house without a title deed

No trading is possible. Article 37 of the Law on the Administration of Urban Real Estate stipulates that the transfer of real estate refers to the transfer of real estate by the owner of real estate to another person through sale, gift or other legal means.

Article 38 stipulates that the following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide 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 or administrative regulations prohibit transfer.

A house without a title deed is not recommended for trading.

1. Determine the time when the property right certificate comes down, and you can call the developer for inquiry;

2. Agree on the transfer time after the property right certificate is processed;

3. Negotiate the liability for breach of contract;

4. If there is a loan, then who will repay the loan;

5. Agree on the person who pays taxes and fees;

6. After signing the sales contract, go to the notary office to notarize the contract;

7. Then wait for the property right certificate to come down and go through the transfer procedures;

8. It is recommended that it is best to find a large intermediary to buy this kind of house;

Law of the People's Republic of China on the Management of Urban Real Estate

Article 38.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide 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 or administrative regulations prohibit transfer.

Here's how to trade a house without a title deed:

1. The developer has not filed with the Housing Authority, so there is no real estate certificate. The buyer and the seller can go directly to the developer to handle the contract transfer, that is, to negotiate with the developer, sign a new purchase contract with the buyer, and take back the old purchase contract. The buyer then pays the down payment to the seller.

The housing authority will directly write the buyer's name for the record, and the bank mortgage can also be handled by the buyer himself, and the real estate certificate will be directly in the buyer's name.

2. I am repaying the mortgage and have not yet delivered the house, so there is no real estate certificate. First of all, the seller pays off the loan from the bank, takes the settlement certificate issued by the bank, and then goes to the housing authority to take out the mortgage contract; Then 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 commercial housing, and then go to the housing authority for re-filing.

If you encounter special circumstances and must sell (buy) a house that has not obtained the real estate certificate, both parties should have a detailed understanding of the property, clarify when the real estate certificate can be obtained, and agree on an appropriate standard of liquidated damages, and at the same time be psychologically prepared.

The real estate certificate is an important document for the transaction, from a legal point of view, if there is no real estate certificate, this kind of house is not allowed to be traded, so how to trade a house without a real estate certificate? What do you need to pay attention to when trading?

1. Can a house without a real estate certificate be traded?

According to the laws of our country, the house needs to go through the transfer procedures when the transaction is carried out, and this process requires the acquisition of the real estate certificate, so if there is no real estate certificate, the transfer procedures cannot be handled, and naturally it will not be protected by the state.

In addition, a house without a real estate certificate can not handle the loan business, so for many people who want to buy a second-hand house, they must pay attention to whether there is a real estate certificate, but whether there is a house without a real estate certificate, can not be handed over the judgment? The answer is no.

2. How to trade a house without a real estate certificate.

1. The first way.

1) If the house is still paying off the mortgage, that is, the real estate certificate has not been decompressed, in this case, we can change the name directly. For example, as a landlord, you can pay off the loan from the bank.

2) Next, take the settlement certificate issued by the bank to the housing authority and take out the mortgage contract, and then the developer will take the contract to the housing authority to go through the cancellation procedures.

3) After success, the buyer can sign a new contract with the developer for the sale and purchase of commercial housing, and then go to the housing authority to re-file.

4) In the end, the transaction process can be completed, and the procedures are relatively simple, and there is no tax in the whole process, but there is a disadvantage that there is a large number of blank periods in the middle, and there is a certain risk. If something goes wrong, you will be responsible for all the consequences, because the state does not protect such transactions.

2. The second method is to agree between the buyer and the seller that after the real estate certificate is processed, they will need to pay taxes and fees, which are still relatively large. Trading in this way can effectively avoid risks and is safe for the buyer. However, this method of trading will extend the time of closing, and you will need to prepare taxes and fees.

Summary: There will be a certain danger in the transaction of houses without real estate certificates, so you must pay more attention when buying, but some houses do not have real estate certificates for special reasons, which is only a temporary phenomenon, and if you can handle it, it is the safest to retrade.

No trading is possible. Article 37 of the Law on the Administration of Urban Real Estate stipulates that the transfer of real estate refers to the transfer of real estate by the owner of real estate to others through sale, gift or other legal means.

Article 38 stipulates that the following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide 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 of the limb is disputed;

6) Failure to register and receive the certificate of ownership in accordance with the Sun Yan Law;

7) Other circumstances where laws or administrative regulations prohibit transfer.