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There is no real estate certificate of the house, can not be bought through the intermediary, can only be sold by themselves, generally can only be sold to familiar people, how can unfamiliar people buy it, after the two sides negotiate the price, please notary office impartial, prove that there is no problem with the house, people are good to buy, with a notarial certificate, although there is no real estate certificate, can prove that it is their own house.
As long as there is a buyer, the homeowner can go directly to the buyer to go to the office permit, and there is no need for an intermediary.
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I don't know if your house belongs to the relocation house, there is no real estate certificate for the time being, or there is no property certificate at all, but I heard you say that the intermediary company lets you sit on the notarization, it is more likely to be a moving house, of course, the buyer and seller can do the notarization themselves, but I don't know what nature of notarization you do! For example, the notarization of loan mortgage or carte blanche notarization
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First of all, you have to make sure that don't let people fool us We are very good to say that we pay the down payment first and wait for the balance to wait for the next certificate and then give it If you wait for n years but do not get the certificate, the house will not want to buy such a house You can't try to save trouble Find a big intermediary with a good reputation Help you Don't let them collude with you I have done it before I went to the local notary office to ask for clarity and then buy After all, there is no real estate certificate It is strictly forbidden by the state If something happens, the state does not care.
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I am an intermediary First of all, it depends on what type of contract you have come into contact with One is called the contract invoice It means that the name on the invoice is the name of the person who signed the contract for the purchase of commercial housing The other is the blank contract invoice It is through the relationship to dredge the developer to get the invoice that has not yet been signed Yours should be the contract invoice is to change the name First confirm whether the developer's contract can be filed Otherwise, there will be great trouble when the certificate is issued in the future The notarization process can actually skip the intermediary But it will be more troublesome for yourself.
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There is a certain risk in buying a house that does not come out of the property certificate, and it is better to go through an intermediary (the intermediary must be regular), and you should pay attention to the following points:
1.The time when the property certificate comes out must be kept an eye on, so as not to prevent the landlord from selling the house to others and selling more than one house.
2.Leave an extra portion of the final payment to keep the landlord in check.
3.It's best to give your property certificate to yourself with the notary office, bring all the landlord's materials, and do it yourself.
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Summary. Hello dear <>
The house that has not been sold with the real estate certificate can be bought and sold in the following ways: 1. The buyer and seller of the house agree to wait for the real estate certificate to come down and then transfer the ownership. This method is a second-hand house sale, and the taxes and fees that need to be paid will be more than that of a new house.
Including: personal income tax, deed tax, value-added tax, etc. This method is relatively simple and straightforward, can be transferred in time, and the risk is low.
The disadvantage is that the taxes and fees are relatively high, and the time cost is relatively long. 2. Direct name change. Sellers need to pay off their bank loan first; The seller takes the settlement certificate issued by the bank and goes to the housing authority to take out the mortgage contract; 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 sign a new contract for the sale and purchase of the house, and then go to the housing authority for re-filing.
3. I have just paid the down payment and have not yet applied for a mortgage. The buyer and 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 previous purchase contract.
How to sell a house without a title deed.
I am married to my husband, the house does not have a real estate certificate, and the purchase contract is written in the names of his parents, how can I change it after marriage to protect it?
Hello dear <>
The house that has not come down with the real estate certificate can be bought and sold through the following methods in Yunchang: 1. The buyer and seller of the house agree to wait for the real estate certificate to come down and then transfer the house. This method is a second-hand house sale, and the taxes and fees that need to be paid will be more than that of a new house.
Including: personal income tax, deed tax, Masuno manuscript value tax, etc. This method is relatively simple and straightforward, can be transferred in time, and the risk is low.
The disadvantage is that the taxes and fees are relatively high, and the time cost is relatively long. 2. Direct name change. Sellers need to pay off their bank loan first; The seller takes the settlement certificate issued by the bank and goes to the housing authority to take out the mortgage contract; 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 sign a new house sale and purchase contract, and then Song quietly goes to the housing authority to re-file.
3. I have just paid the down payment and have not yet applied for a mortgage. The buyer and 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 previous purchase contract.
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The house can be sold without a title deed, and if there is a sales contract signed between the parties, the contract is valid, but the ownership of the house cannot be proved without a transfer. Therefore, a house can be bought and sold without a title deed, but the property right is not protected by law. As a real estate, the real right needs to be registered as a real estate, and a real estate register can be issued to prove the ownership of the right.
[Legal basis].Article 216 of the Civil Code.
The immovable property register is the basis for the ownership and content of property rights.
The immovable property register is managed by the registration authority.
Article 217.
The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
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In this case, the seller needs to apply for the title deed first. Under normal circumstances, the seller needs to deal with the ownership of the house first, that is, to ensure that the real estate certificate is in the name of the seller. If the seller is unable to produce proof of the property, there may be several ways to resolve the issue:
First of all, the seller can try to apply for a title deed. While this process can be complicated, it is more likely to be achieved if the seller has ownership of the home. To apply for a real estate certificate, you need to provide some relevant materials, such as house ownership certificate, land use certificate, building permit, etc.
Some cities may also need to provide additional documentation. If the seller successfully applies for the real estate certificate, you can ** the house under legal circumstances.
Secondly, the seller can also consult a professional real estate agency and try to ** the house through the intermediary. Some experienced intermediaries may have more experience and resources to help sellers solve practical problems. Whether it is to apply for a real estate certificate or through an intermediary agency** house, it takes the seller time and pays a certain cost.
Finally, if the seller has the remaining time Li Yunxian is very urgent or for other reasons, he can also quietly consider other ways to ** the house. For example, you can give the house to the buyer who already has the corresponding real estate certificate, which can avoid the trouble of the seller needing to apply for the real estate certificate. However, it should be noted that the legal feasibility of this approach needs to be confirmed.
To sum up, the seller needs to solve the problem of the title deed as soon as possible. However, even if this problem exists, there are a few other ways that the seller can use to ** the home. Of course, which way to choose needs to be analyzed on a case-by-case basis. <>
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Summary. Hello, I am happy to answer for you, a house without a real estate certificate can be agreed to wait for the real estate certificate to be sold.
Hello, I am happy to answer for you, a house without a real estate certificate can be agreed to wait for the real estate certificate to be sold.
1. You should go to the notary office to notarize the sale and purchase agreement. If you regret hail again, go to the housing authority to ask if you can notarize the power of attorney, so that if the property right certificate comes down in the future, you don't have to go to the owner again. 2. Another point is that when the commercial housing is not completed and accepted, it can be renamed, but it is necessary to go to the relevant units of the city to issue an unfinished inspection report, and the developer submits the reason for the contract name change, and pay the relevant handling fees at this time.
3. If you encounter special circumstances and must buy (sell) 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 the appropriate standard of liquidated damages, of course, you must also be psychologically prepared. 4. If the commercial house has been completed and accepted, it cannot be renamed, but the name of the property right certificate can be changed in the form of a gift of Bicong Fan after the property right certificate is processed.
Legal basis: Article 38 of the "Urban Real Estate Management Law" The following real estate shall not be transferred: (1) the land use right is obtained by way of transfer, and it does not meet the conditions stipulated in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions 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 power 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.
Married to her husband, the house does not have a real estate certificate, and there is a purchase contract.
How to keep me safe.
In this case, it is best to sign an agreement with your husband, and then you can get it to the notary office for notarization.
I can write a copy and send it to you if you want.
This is paid, depending on whether your side can accept it.
How much is paid? <>
You're afraid that you won't be able to get a house or something in the future, right?
The house was in his parents' name.
It's 499 yuan, and then you can both sign it.
This can be regarded as spending money to buy a guarantee.
If it's acceptable, I'll write it to you and send it to you, and you and your husband can sign it.
The house is in the name of his parents, and I am married to him, can his parents sign a gift agreement?
Yes, but it's best if you sign a marital agreement with your husband.
Otherwise, you won't get anything on your side.
If you want it, I'll write it and send it to you, and you can sign it.
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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 decisions 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.
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According to the Law on the Administration of Urban Real Estate, a house without a real estate certificate may not be transferred, which is a restriction on the transfer of real rights and does not affect the validity of the sales contract. Both parties can still sign a contract for the sale and purchase of the house, but they need to inform the other party that the house does not have a real estate certificate and cannot go to the real estate registration department for registration, otherwise the other party can revoke the contract on the grounds of fraud by the parties. A house without a title deed cannot be registered as a change, but the contract for the sale and purchase of the house is still valid.
Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
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 decisions 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.
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Legal analysis: You can't sell a house without a real estate certificate. The real estate certificate is a proof of ownership, and there is an obstacle without a property ownership certificate for a house without a property ownership certificate, and the sale of a house without ownership is a property without the right to dispose of Sakura, and it is impossible to register and receive the ownership certificate and go through the transfer procedures according to law.
Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
The following real estate is not transferable:
1) Where the land use right is obtained by way of transfer, it does not conform to the provisions of Article 39 of this Law;
2) Judicial or administrative organs lawfully ruling or deciding to investigate Zheng Zheng's sealing or otherwise restricting real estate rights;
(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.
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