What should I do if the developer can t get the real estate certificate for a long time?

First of all, find out the reason, if it is an unfinished building or forced to stop work, preservation measures should be taken immediately.

If the market price is **, sue the developer for damages, please enforce it.

If the market price is **, see that the developer's account has money to pay, and immediately sue to check out.

If there is not enough money in the account to be refunded, sue for compensation and ask for enforcement.

The reason why I sued is because I can preserve my property first, which is relatively safe.

According to Article 34 of the Administrative Measures for the Sales of Commodity Housing, the developer shall, within 60 days after the delivery of the commercial housing, submit the information required by it to be provided for the registration of housing ownership to the real estate administrative department where the housing is located. If the developer fails to submit the housing ownership registration materials on the above date, resulting in the buyer failing to obtain the housing ownership certificate on the agreed date or the specified date, the developer shall bear the corresponding liability for breach of contract.

The aforesaid "specified period date" is calculated as follows: if the date of obtaining the housing ownership certificate not agreed in the contract, and the subject matter of the commercial housing sales contract is a house that has not yet been completed, it shall be calculated as 90 days after the delivery of the house; If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be calculated according to 90 days from the date of conclusion of the contract.

If the seller fails to submit the materials required for the registration of housing ownership on time, resulting in the buyer failing to obtain the housing ownership certificate on time, if the contract for the sale and purchase of commercial housing stipulates the method for handling liquidated damages, it shall be handled in accordance with the contract; If the contract for the sale and purchase of commercial housing does not stipulate the method for handling liquidated damages, it shall be calculated according to the paid purchase price and with reference to the standard for financial institutions to charge interest on overdue loans as stipulated by the People's Bank of China. If the buyer fails to obtain the house ownership certificate for more than one year as agreed and within the prescribed time limit due to the seller's failure to submit the housing ownership registration materials on time, the buyer may request to terminate the contract and claim compensation for losses, which can be calculated according to the bank's fixed asset loan interest rate for the same period.

Therefore, when the real estate certificate dispute is caused by the developer's refusal to apply for the real estate certificate, the buyer can sue the court to pursue the liability for breach of contract, including:

1) When the developer does not give the real estate certificate, after the lawsuit, the court requires the developer to apply for the real estate certificate;

2) When the developer does not apply for the real estate certificate, after the lawsuit, the court requires the developer to pay liquidated damages and compensate for losses.

Legal analysis: It is possible to ask the developer to bear the corresponding liability for breach of contract. Specifically, if the developer fails to submit the housing ownership registration materials on the above date, resulting in the buyer failing to obtain the housing ownership certificate on the appointed date or the specified date, the developer shall bear the corresponding liability for breach of contract.

Legal basis: Article 34 of the Administrative Measures for the Sales of Commodity Housing shall be submitted to the administrative department of real estate where the housing is located within 60 days from the date of delivery of the commercial housing. Real estate development enterprises shall assist the buyers of commercial housing in handling the formalities for the change of land use rights and the registration of house ownership. Dull.

1. What should I do if the developer's real estate certificate cannot be obtained for a long time?

1. The developer's real estate certificate cannot be done for a long time, and the solutions are as follows:

1) Negotiate and settle the contract, etc., negotiate with the developer to ask for the liability for breach of contract, if the two parties have little disagreement, after reaching an agreement, the two parties sign an agreement to agree on the way to bear the liability for breach of contract and the final way to deal with it, and the developer will compensate the buyer;

2) Filing a lawsuit, if the developer refuses to solve the problem after negotiation and sending a letter, he can file a lawsuit in the court to request continued performance of the contract or request to terminate the contract, and at the same time investigate the developer's liability for breach of contract.

2. Legal basis: Article 16 of the Administrative Measures for the Sales of Commodity Housing.

When selling commercial housing, the real estate development enterprise and the buyer shall enter into a written contract for the sale and purchase of commercial housing.

The contract for the sale and purchase of commercial housing shall specify the following main contents:

1) The name or address of the parties.

2) The basic condition of commercial housing;

3) The sales method of commercial housing.

4) The method of determining the price of the commodity and the total price, payment method, and payment time;

5) Conditions and date of delivery.

6) Commitment to decoration and equipment standards;

7) Water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities.

8) the ownership of public supporting buildings;

9) How to deal with area differences.

10) Handling matters related to property rights registration;

11) Methods of Dispute Resolution.

12) Liability for breach of contract;

13) Other matters agreed by both parties.

Second, the developer's real estate certificate has not been given, what is needed to sue.

1. The natural situation of the parties. Including the name, gender, age, ethnicity of the parties. occupation, place of work and residence;

2. The claims and the facts and reasons on which they are based, which are the main contents of the complaint;

3. Evidence and evidence**, names and addresses of witnesses. Whether the facts of the case exist or not need to be proved by evidence.

The developer has been delayed in handling itTitle DeedHere's how:

1. Negotiate and settle. Bring the contract, etc., and negotiate with the developer to ask for liability for breach of contract.

If the two parties do not have much disagreement, after reaching an agreement, the two parties sign an agreement to agree on the way to bear the liability for breach of contract and the final way to deal with it, and the developer will compensate the buyer.

2. Send a lawyer's letter.

If the negotiation fails, a lawyer can be appointed to send a lawyer's letter to the developer. The lawyer's letter can serve as a reminder and warning to the other party, urging the other party to take the initiative to take responsibility, which is much more convenient than the judicial route, but the lawyer's letter is not mandatory, and if the other party refuses to compensate, it is still necessary to file a lawsuit in the end.

3. File a lawsuit. If the developer refuses to solve the problem after negotiation and sending a letter, it can file a lawsuit in the court to demand continued performance of the contract or request to terminate the contract, and at the same time investigate the developer's liability for breach of contract.

When the developer postpones the delivery of the house, it depends on how it is agreed in the commercial housing sales contract signed between the developer and the buyer, and there are relevant clauses in the commercial housing sales contract signed online.

Generally, the buyer is given a choice by the length of the delivery time in default, and the developer should pay liquidated damages on a daily basis if the buyer does not check out within a certain period of time; There is also a type where the buyer checks out, and the developer pays a certain amount of liquidated damages. If the negotiation fails, it is generally resolved through litigation. When filing a lawsuit, the claim is based on the specific contract signed by each buyer.

These are general situations, and each home buyer needs to make a comprehensive judgment based on the actual analysis and whether the buyer is at fault.

Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for the purpose of sale, creation of mortgage rights, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.