What should be paid attention to when signing the contract before the real estate certificate comes

1. Check the original file of his purchase from the developer and ask why it took 5 years for the real estate certificate to be issued?

2. To the planning department, land management department, housing management department, and demolition office. Can the development management department get the real estate certificate after 5 years? Don't be afraid of trouble!

3. If there is no problem, it is best to ask the developer to come forward and change the seller's original file to your name;

4. When signing the contract, it is best for the seller to find a guarantor with economic ability and good social reputation!

In short, the transaction of such a house (before the license) is not supported by the law, and it is better not to buy it!

If you want to buy this demolished house, there are four main points: first, you should keep some of the payment as a credit offset for the real estate certificate and land certificate, so as not to prevent the owner from transferring the property for various reasons in the future; The second is to consult with the notary office whether it can handle the notarization of the entrusted transfer of the sale of real estate, (in the future, the client and the buyer will go through the transfer procedures of the property right certificate and land certificate) so as not to be entrusted by the homeowner to the housing authority to assist in the transfer procedures such as property rights and land certificates; the third is to contact the demolition office or the housing development company; (Explain the reasons and contact you directly for future related matters) The fourth is to coordinate the resettlement fee, the purchase price, the subscription positioning and other matters.

It takes five years for the real estate certificate to be issued, why? You have to pay attention to the fact that if you just buy indicators or other methods, this kind of contract has no legal effect and is not recognized by the state. You can only pray that you meet a good person who has no intention of cheating you for money.

Legal analysis: After the real estate certificate is issued, the property right certificate becomes the legal certificate of house ownership, and the purchase contract has lost its meaning and can no longer be retained. The real estate certificate is a document that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law.

That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law.

Legal basis: Article 7 of the Regulations on the Administration of Urban Real Estate Transfer The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract;

2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;

4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;

5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

Legal Analysis: Valid, effective when the contract is formed.

Legal basis: Article 502 of the Civil Code of the People's Republic of China Article 502 A contract established in accordance with law shall take effect from the time of its establishment, unless otherwise provided by law or otherwise agreed by the parties. Where laws or administrative regulations provide that formalities such as approval shall be completed to take effect, follow those provisions.

If the approval and other formalities are not completed, the contract shall not take effect, but it shall not affect the validity of the provisions of the contract on the performance of obligations such as approval and related clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where laws and administrative regulations provide that the modification, transfer, or termination of a contract shall go through formalities such as approval to take effect, the provisions of the preceding paragraph shall apply.

Legal analysis: The housing sales contract signed before the real estate certificate is completed is valid. The lawfully established house sales contract shall take effect from the time of its establishment, and the failure to register the property rights of the house resulting in the failure to transfer the ownership of the house is a matter of change in the property rights of Kaikai, which does not affect the validity of the sales contract.

Legal basis: Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. According to the law on the reform of jujubes, the ownership of natural resources owned by the state may not be registered.

Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer or extinction of real estate rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

The prerequisite for applying for a real estate certificate is a legal and valid house sales contract. If the contract for the sale and purchase of the house is invalid, the title deed cannot be processed. Therefore, whether it is before or after the real estate deed is down, the sales contract signed by both parties is valid.

As long as both parties reach a consensus and the book closure does not violate the mandatory provisions of the law.

Legal basis: Article 143 of the Civil Code Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the strong trust and restraint provisions of laws and administrative regulations, and do not violate public order and good customs.

Legal Analysis: Effective. Unless otherwise provided by law or otherwise agreed in the contract, a contract concluded between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.

A contract established in accordance with the law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement, and shall not modify or dissolve the empty model removal contract without authorization. Contracts that are established in accordance with the law are protected by law.

Legal basis: Article 465 of the Civil Code A contract established in accordance with law shall be legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. Contracts established in accordance with the law are protected by law.

Legal Analysis: Effective. Civil law is effective if the following conditions are met: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good manners.

Legal basis: Article 143 of the Civil Code of the People's Republic of China?

A civil juristic act that meets the following conditions is valid: (1) the actor has the corresponding capacity for civil conduct; 2) The meaning is genuine; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.