What is the difference between a pre sale contract and a title deed?

Difference Between Pre-sale Contract and Title Deed 1 The pre-sale contract simply means that you have booked the house. The title deed indicates that the house is yours. 2 The area on the pre-sale contract is calculated by the developer, and the area on the title deed is the real actual area.

There should be a 3% deviation between the contract and the actual area, and some do not have this clause because there is such a provision in law. 3 The contract cannot be used as a real estate certificate, if you get the real estate certificate, it means that your house and the community have been accepted by many ** departments, such as fire protection, land bureau, quality, housing authority, etc. After signing a contract with the developer, you will get it to the housing authority for filing, but if the quality and fire protection of your house are not up to standard, you will not be able to get the real estate certificate.

In this way, you can find a claim from the developer.

According to the Ministry of Construction's "Measures for the Administration of Commodity Housing Sales", real estate development enterprises are required to submit the information required by them for housing ownership registration to the real estate administrative department where the housing is located within 60 days from the date of delivery of the commercial housing. In accordance with the provisions of the "Regulations on the Administration of Urban Real Estate Development and Operation" and the "Administrative Measures for the Pre-sale of Urban Commercial Housing", the buyer of the pre-sale contract shall apply for the real estate certificate within 90 days from the date of delivery of the commercial housing; The buyer of the existing house shall apply for the real estate certificate within 90 days from the date of signing the sales contract. When you can get the real estate certificate for buying a house with a loan, the first thing to do is the contract you signed with the developer, the real estate certificate is first subject to the contract, you need to check how the contract is agreed, if the time specified in the contract is exceeded, the developer should bear the relevant liability for breach of contract.

At present, most banks are issued with the real estate certificate to the real estate bureau for mortgage registration, and after the mortgage registration seal is stamped in the "Creation of Other Rights" column on the inside page of the real estate certificate, the original real estate certificate is issued to the lender. Some banks take the initiative to repay the real estate certificate, and some banks cancel the mortgage registration of the real estate certificate after the loan is repaid. Some banks still use the method of retaining the original title deed until the loan is repaid and the real estate deed is returned.

Of course, the pre-sale contract is only a formal agreement for the purchase of a house, while the real estate certificate is a legal proof of property ownership.

1. The pre-sale contract of commercial housing refers to the written agreement between the pre-seller and the pre-purchaser that the pre-seller will transfer the ownership of the completed commercial house to the pre-purchaser within the agreed time, and the pre-purchaser will pay the deposit or part of the house payment to the pre-seller and accept the commercial house on schedule.

2. The real estate certificate refers to the certificate that the buyer obtains the legal ownership of the house through the transaction, and can be informed of 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.

3. The house pre-sale contract is the purchase and sale certificate provided by the developer, and the real estate certificate is the house ownership certificate issued by the real estate bureau. The real estate certificate needs to be handled at the real estate bureau with the pre-sale contract.

According to Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing, the developer shall sign a pre-sale contract with the purchaser for the pre-sale of commercial housing.

The difference between the housing pre-sale contract and the real estate certificate is that the housing pre-sale contract is a written agreement for the pre-sale of commercial housing, and the real estate certificate is a supporting document that indicates the validity of the ownership of the house; The pre-sale contract is signed between the buyer and the real estate development enterprise, and the real estate certificate is issued by the real estate registration authority.

[Legal basis].Article 6 of the Administrative Measures for the Pre-sale of Urban Commercial Housing.

The pre-sale of commercial housing implements a licensing system. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License". If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out.

Article 63 of the Law on the Administration of Urban Real Estate.

Where the people of provinces, autonomous regions, and municipalities directly under the Central Government determine that the local people** at or above the county level are uniformly responsible for real estate management and land management by one department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be respectively included in the real estate right certificate.

The difference between the pre-sale contract and the real estate certificate is that the pre-sale contract is a written agreement between the pre-seller and the pre-purchaser that the pre-seller will transfer the ownership of the completed house to the pre-purchaser within the agreed time, and the pre-purchaser will pay the deposit or part of the house payment to the pre-seller; The real estate certificate is a written certificate issued by the housing property registration authority to prove the ownership of the house, including the house ownership certificate and the house co-ownership certificate.

[Legal basis].Article 10 of the Administrative Measures for the Pre-sale of Urban Commercial Housing.

For the pre-sale of commercial housing, the developer shall sign a contract for the pre-sale of commercial housing with the offtaker. The developer shall, within 30 days from the date of signing, go through the registration and filing procedures for the pre-sale contract of the commercial housing with the real estate management department and the municipal and county people's land management department. The real estate management department shall actively apply network information technology and gradually implement the online registration and filing of commercial housing pre-sale contracts.

The registration and filing procedures for the pre-sale contract of commercial housing can be entrusted to the first person. If the person is entrusted to handle it, there shall be a written power of attorney.

Article 21 of the Interim Regulations on the Registration of Immovable Property.

The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Article 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.