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You can buy it, the contract is signed, and there is no problem with using it.
If you are buying second-hand, you should also ask for all the formalities, such as the garage use agreement signed by the original owner, and the purchase receipt.
Then see if you can find the developer, it is best to go to the developer to change the user information, and then go to the notary office to notarize the transfer contract.
The garage on the first floor may not belong to the shared area, and it is illegal to buy and sell itself, but the developer is unscrupulous, and everyone is used to it, so it should be no problem to use.
The only disadvantage of this type of garage is probably that there is no compensation for demolition, because there is no property protection, and you don't have to worry about renewing the contract.
The commercial use right of the property right garage is 40 years, and it is necessary to spend a lot of money to renew the contract after the time, so it is best to buy a garage or a shop, and it is best to buy a new one with property rights, and the second-hand one is not cost-effective, and it is very tricky.
So you can buy it.
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You can't buy a garage on the first floor without a title. Because the garage without property rights can not handle the property right certificate and cannot be transferred, the garage without the property right certificate can not be bought and sold, and the purchase of a basement garage without property rights means that the buyer may have to bear the risks of no property rights, no secondary transactions, and no compensation for demolition.
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If you don't have a title to a garage, it is not necessary to buy it. Because when the time comes, you can't trade normally, and you can't trade without property rights. is not protected by law.
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Most garages are untitled, and owners buy them with freehold rights. When buying a parking space, the owner must see whether he can apply for the title certificate. The standard for measuring whether the parking space and garage can be sold is whether the property right certificate can be handled, and if the purchased parking space and garage cannot handle the property right certificate, it means that the parking space or garage cannot be sold.
Civil air defense garages are forbidden to buy and sell, beware of developers flickering. If the garage does not appear on your title deed, then the garage is still in the developer's name and it is still the developer's collective property. In the event of a financial breakdown or other debt problems with the developer, your storage room will be mortgaged and seized.
The garage has a separate transaction contract, and the garage has to be registered just like the house. With this contract, go to the relevant authorities at that time for registration and filing. The garage is also subject to paying taxes in accordance with the corresponding regulations when applying for the real estate ownership certificate.
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Precautions for buying a no-title garage
1. Underground garages or parking spaces without property rights certificates are not protectedWhen the developer sells the parking spaces shared by the majority of owners privately, because these properties do not belong to the developer, the owner finally gets a paper contract, not a title certificate. The sale and purchase of these co-parking spaces without property rights is not protected by the property law, and the owners of the community have the right to apply to the court to revoke the developer's sales contract for these co-parking spaces. After the contract is cancelled, the owners who purchased these private parking spaces can only recover the purchase price from the developer.
Once the real estate developer "runs away", there is a risk that the owner's money cannot be recovered.
2. Because the garage has not been registered, it may be sold by the developer for the second time or even many timesSome developers have not gone through this "right confirmation" procedure for a long time, so that the small owners who have bought parking spaces have never been able to get the property right certificate. If the developer waits for the price of the parking space to increase and then goes through the confirmation procedures, sells the parking space for the second time and helps the second buyer complete the transfer, then the first buyer becomes the one who is evicted, and the law only recognizes the parking space that has been transferred.
What is the transfer process for buying a no-ownership garage?
1. The buyer and seller look at the parking space (garage) on site and negotiate. Note: Although there is no title certificate, the original buyer will definitely sign the "Handover Certificate" and the "Supplementary Agreement" for the garage purchase when purchasing from the developer; So the buyer should ask the seller to provide it and check the ID card to avoid being fooled.
2. After the successful negotiation between the buyer and the seller, the two parties sign the "Parking Space (Garage) Transfer Agreement", which can be drafted privately by themselves or by a lawyer, and the contract stipulates the transfer of parking space number, area, location, etc.
3. If the buyer and seller can find the developer of the original real estate, it is best to register with the developer, indicating that the parking space (garage) has been transferred to the new buyer and stamped with the developer's official seal; In addition, it is necessary to go to the property fee registration to explain, because it will involve water and electricity bills and property fees in the future.
4. The two parties shall deliver the payment at the agreed time and **, and agree on follow-up matters.
5. You can find a lawyer to write a specific agreement and go to the notary office to notarize it, stating that it is already the buyer's property.
6. The seller shall provide the "Transfer Agreement" and "Handover Certificate" originally signed with the developer to the buyer, and indicate that the parking space (garage) has been transferred, and hand over the garage keys and settle the water and electricity bills.
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Summary. Because the area of the underground parking space is such as the shared area, then this kind of parking space cannot be issued with a property right certificate, and is owned by all owners, and the developer has no right to sell, let alone transfer. Therefore, it is necessary to see whether it is a shared area in the purchase contract.
Moreover, there are parking spaces for civil air defense parking spaces, which are usually located on the lower floors of general parking spaces. Civil air defense parking spaces are mandatory by the state, but the right to use can be transferred to individuals or developers. Therefore, the civil air defense parking space is only rented and used, not sold, and there is no property right certificate.
Because the accumulation of underground parking spaces is such as the shared area of the first split, then the property right certificate cannot be obtained for the demolition of such parking spaces, and it is owned by all owners, and the developer has no right to sell, let alone transfer. Therefore, it is necessary to see whether it is a shared area in the purchase contract. Moreover, there are parking spaces for civil air defense parking spaces, which are usually located on the lower floors of general parking spaces.
Civil air defense parking spaces are mandatory by the state, but the right to use can be transferred to individuals or developers. Therefore, the civil air defense parking space is only rented and used, not sold, and there is no property right certificate.
What to pay attention to when buying a parking space 1, clear parking space property rights: buyers should first figure out the property rights of parking spaces before buying parking spaces, some parking spaces are not property rights, if the buyers buy parking spaces, garages can not handle the property right certificate, it means that the parking space or garage is not for sale. If the parking space is a public facility, the developer does not have ownership of the owner, let alone market the parking space (the right to use the parking space or the purchase and sale of ownership).
2. On-site survey of parking spaces: Buying a parking space is the same as buying a house, buyers need to conduct on-site investigation, and then consider many issues such as the pattern of the parking space, floor height, depth, and opening. If you buy an underground parking space, be sure to check and understand it on the spot before purchasing, such as whether the drainage system of the underground garage is perfect.
3. Provident fund loans cannot be used: parking spaces can also be purchased with loans, but buyers cannot use provident fund loans to buy parking spaces, because the housing provident fund is a long-term housing reserve paid by units and employees, which should be used for the purchase, construction, renovation, overhaul and decoration (new) self-occupied housing of vocational rock workers, and no unit or individual shall be diverted for other purposes. 4. Parking is not completely free:
The owners of the community buy parking spaces to buy the ownership of the parking spaces rather than service management, the real estate developers sell the parking spaces, and the property management shows services including lighting, cleaning, and supervision. After the owner of the community purchases the parking space, he must pay this fee first.
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Summary. Hello dear, I am happy to answer your <>
The garage on the first floor is a garage on the ground, which has no property rights, and the property rights are jointly owned by all the owners of the community.
Does the garage on the first floor of the community have property rights?
Ground floor. Hello dear, I am happy to answer your <>
On the first floor of the community, the car is trapped in the <> without property rights
The garage on the first floor is a garage on the ground, there is no property right, and the property right is jointly owned by all the owners of the community.
Dear, hello parking spaces on the ground are more common, there are such parking spaces on many streets, most of the ground parking spaces are open, the property rights of the parking spaces belong to all the owners, and they are common and free of charge for the owners of the owners. When the owner buys the house, he has the right to use the land in the community, because the right to use the land in the community belongs to the owner, so the ground parking space also belongs to the owner, and the developer or the property has no right to dispose of it.
It belongs to the building.
Is there a **. There is no underground garage.
Is it like this? No.
It's downstairs from the resident.
The first floor is the garage and the second floor is the residential house.
I know, it's not the kind of house that is alone, the kind that belongs to the property rights.
You need to apply for property rights after purchase.
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1. Basements without property rights cannot be bought and sold, and buying a basement without property rights means that buyers may have to bear the risks of having no property rights, not being able to re-trade, and not being able to get compensation for the demolition of Xiaoxiao.
2. The developer cannot sell the basement without a pre-sale license or a property right certificate. The area, location, location, etc. of the house are the basic terms of the sales agreement, which should be clearly agreed, otherwise it is easy to cause disputes and is not conducive to the buyer.
3. If the developer separates the garage sales contract and the commercial housing sales contract, as far as the separate garage sale is concerned, the developer shall have the right to the garage, and the garage bought and sold by both parties can apply for the property right certificate, otherwise the garage cannot be used as the subject of the sale, because according to the provisions of the real estate management law, the real estate that has not been registered to receive the real estate ownership certificate in accordance with the law is prohibited from transfer.
Fourth, as long as it is stated in the garage sales contract that it is the right of the garage, and the garage does not have the property right in fact, the content of the contract should be invalid.
5. However, if the contract only states that you will use the garage and pay the use fee, the garage sales contract is called the sales contract and is actually a venue rental contract. Whether the lease contract is valid depends on whether the right to use the garage belongs to the developer, if the garage has entered the owner's shared area, it is owned by the owner, and the developer has no right to rent. Related knowledge extended reading:
How to determine the ownership of the garage in the community 1, the parking lot is not shared according to the public construction area when the housing is sold in the community, and the ownership of the parking lot should be owned by the developer. The developer has the right to the owner, and the contract for the transfer of the right to use the parking space signed between the developer and the owner is valid and should be protected by law. 2. The developer has allocated the underground parking lot to all the owners of the community according to the public area when selling the residential houses, and legally speaking, the property rights of the parking lot should belong to all the owners, and the developer has no right to sign an agreement with individual owners on the transfer of the right to use the parking lot, and the signed agreement should also be invalid.
If the owner of the community needs to purchase the right to use the parking space, he shall sign a transfer agreement with the community owners' committee or the property management authorized by the owners' committee. In this case, only all the owners have the right to decide on the right to use the parking space in the underground car park. 3. The underground parking lot is rebuilt by the civil air defense project, and although the area is not allocated to all the owners, the developer has no right.
Article 52 of Property Rights stipulates that national defense assets belong to the State. Article 9 of the Rules for the Calculation of the Sales Area of Commercial Housing and the Apportionment of the Common Building Area stipulates that the basement as a civil air defense project is not included in the common construction area.
For house demolition, the demolition policy is different in various places, but the bungalow without property rights can not be flattened under normal circumstances.
Hello, the broken beam on the first floor can not be removed, which will affect the safety of the whole building, although he is a broken beam, but he also has to bear the weight of a force of the whole building, please be cautious, thank you, I hope to help you.
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