Why can t the real estate certificate be issued after the delivery of many real estate projects?

On the one hand, the developer did not obtain complete relevant documents when selling the building, and although the developer handled the relevant documents, he changed the nature of the use of the house without permission, so that the real estate certificate of the parties was not completed. According to the laws of our country, if the developer has handled the relevant documents, but the developer mortgages the house to a third party at the same time, the real estate certificate of the party cannot be issued. Article 7 of the "Provisions 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.

Legal basis. Article 7 of the "Provisions 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.

3. The real estate management department shall review the relevant documents provided, and make a written reply on whether to accept the application within 7 days, and if there is no written reply within 7 days, it shall be deemed to agree to accept it;

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 real estate transfer shall pay the relevant taxes and fees in accordance with the regulations;

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

Title Deed. The reason for the delay in doing so:

1.There is no pre-sale license.

It doesn't matter if it's an off-plan purchase.

It is still an existing house, and when you go to see the house, you must pay attention to check whether the developer has a pre-sale license, because this is a proof that the construction and sale of commercial housing are legal. When applying for a pre-sale permit, the real estate developer must submit the land use right certificate and the construction land planning permit.

Construction project planning permits, construction permits.

In other words, a small pre-sale permit can prove the legality of the construction and sale of commercial housing, which is also one of the necessary elements for you to make a real estate certificate in the future.

2.The house has not been completed and accepted.

After the completion of the construction of the commercial housing, the planning, construction, real estate and other relevant administrative departments shall carry out the relevant acceptance of the commercial housing, and the acceptance will be allowed to be delivered and used only after the acceptance. That is to say, the house must wait until the completion of the acceptance, the construction administrative department will issue the relevant certification documents for acceptance and be registered. If the developer wants to go through the first registration, it must usually be completed and accepted.

3.The real estate contract has not been filed and registered.

Everyone is in the developer to sign a formal commercial housing sales contract.

It is necessary to go through the filing and registration with the real estate department within the specified time. At present, there are two filing procedures in the sales contract for real estate sales, the first is the blank standard clause of the commercial housing sales contract drafted by the real estate company.

All of them must go through the industrial and commercial filing and registration; After the contract is signed, within the specified time, the commercial housing sales contract must also go through the real estate transaction center (or the housing authority.

Filing and registration.

4.There is land or buildings under construction that mortgage commercial housing.

During the construction process, the real estate developer may use the land or construction in progress as collateral for financing, but after the house is delivered, the developer does not repay the loan in time to cancel the mortgage, so the buyer will not be able to apply for the title deed. Generally speaking, if everyone's house has been delivered, then the real estate company must hand over all the relevant materials required for the property right to the real estate property within the time agreed in the contract.

It is undeniable that the house is very important for ordinary people, and even more so when they don't go out of the university, they want to buy a house for themselves, and the pressure of buying a house is very great for ordinary people, but when they think of having their own small home in a huge city, they will feel that it is worth it.

There are a lot of curves in buying a house, and some people find that after buying a house, although the developer has delivered the house, but the real estate certificate has not come down, why is this?

We all know that the title deed is an important document for buyers to obtain the ownership of the house, and if the house is to be processed later, the title deed is indispensable. When buying a house, some people will choose to buy off-plan housing, in this case, the developer will delay the registration of the real estate certificate, so some people have a delay in getting the real estate certificate, and insiders told me that this situation occurs. The reason is that the developer secretly mortgaged the house to the bank.

This is mainly because developers will put their houses as a mortgage in the bank when they do not pay off the loans they borrowed when building the property. If you can't get the real estate certificate, it may be because the developer will sell the house, privately to the bank to make a mortgage, if you buy such a house, the risk is greater, if the developer has not paid off the previous loan, not only can not get the real estate certificate, not even the right of residence.

What are the reasons for the delay in obtaining the real estate certificate?

1. The developer did not obtain five certificates when selling the house.

According to the relevant regulations, developers must obtain five certificates when selling a house. The five certificates refer to the "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "Commercial Housing Pre-sale License" or "Commercial Housing Sales License". If any of the five certificates are missing, it is impossible to obtain a title certificate.

2. The project is still in a mortgage state.

If the developer has obtained five certificates and has obtained a large property right certificate, but the developer has mortgaged the house to others, and at the same time, the house, and the developer can not fulfill the due debts in time, and the mortgagee requires the realization of the mortgage, the developer can not apply for the real estate certificate for the buyer, and the buyer does not even have the right of residence, and finally the buyer can only get back the payment through litigation.

3. The house quality inspection is unqualified.

According to the relevant regulations: the construction project experience can be delivered only if it is qualified. That is to say, only if the acceptance is qualified, the developer can deliver the house to the buyer for use, which is a condition for delivery.

If the new house built by the developer has quality problems and cannot pass the acceptance of the relevant departments, it will not meet the conditions for delivery, and it will not be able to apply for the real estate certificate.

4. The developer has gone bankrupt or been disqualified.

If the developer goes bankrupt, the project will be unfinished, and if a new developer cannot be found to take over the development, it will be difficult to apply for the real estate certificate.

There are many reasons why the real estate certificate cannot be issued after the delivery of the real estate, which may be due to the violation of the previous application. For example, land certificates, these can't be done. It is also possible that the fire escape acceptance is not up to standard.

There is also a lot of construction process, which may be in violation. Therefore, there is no way to apply for a real estate certificate if the acceptance is not passed. But most of it is a land issue.

1.Failure to pay the relevant taxes and fees When buying a new house, the buyer has to pay the relevant taxes and fees2Failure to provide the relevant information and identity certificate required by the housing registration and licensing authority3

Entrusting others to apply for real estate certificates but not issuing a power of attorney 4Buying a house with fake qualifications To buy a new house in a restricted city, the buyer must have the corresponding qualifications to buy a house.

There are many real estate projects that cannot be completed after the delivery of the real estate certificate, because some procedures are not complete, some procedures are not compliant, etc., so the real estate certificate can not be done for these reasons.

Because there are many problems in the development process of these real estate projects, the real estate certificate cannot be processed for a long time.

It may be that the developer has not yet obtained a license, so when buying a house, it is important to check the developer's license.

The relevant departments have not yet carried out the acceptance, and can only be used if the acceptance is successful.

It is possible for various reasons, such as incomplete documents, such as not paying taxes and fees.

Hope, thank you!

The developer's procedures are not sound, which affects the handling of the real estate certificate, so it cannot be done this time.

The house has been handed over, and the real estate certificate has not been done.

If the buyer has not applied for the title deed, the ownership of the house he has purchased is still in a state of uncertainty. It is not possible to bury activities such as buying, selling, donating, replacement, inheriting, and leasing sedan chairs. When buying a house, you have to sign a purchase contract with the developer, as long as you have the contract and pay the relevant taxes, you can go to the relevant department to apply for the real estate certificate.

If the buyer fails to apply for the real estate certificate for the buyer for a long time after the delivery of the house, it shall, firstly, require the seller to assist the buyer in applying for the real estate certificate in accordance with the agreement between the two parties in the housing sales contract, and if the application is overdue, the seller may be required to bear liquidated damages according to the contract.

According to the Interpretation of the Supreme People's Court on Several Legal Issues Concerning the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing and the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation, the purchaser of the pre-sold commercial housing shall go through the formalities of changing the land use right and registering the ownership of the house within 90 days from the date of delivery of the commercial house, and the purchaser of the existing commercial house shall go through the formalities of changing the land use right and registering the ownership of the house within 90 days from the date of signing the sales contract.

If the buyer is unable to register the ownership of the house more than one year after the expiration of the above-mentioned agreed or specified time limit, the buyer has the right to request to terminate the house sales contract and move out after the seller's reasons, and may request the seller to compensate for the losses.

The above content refers to the Ziyang Municipal Real Estate Management Bureau - on the application of law in the trial of disputes over commercial housing sales contracts.

Legal analysis: If you can't get the real estate certificate when you hand over the house, you can take out the purchase contract, find the developer agreement, and ask for the real estate certificate, if you are rejected by prevarication, you can directly go to the court to sue the developer and claim your own rights and interests.

Legal basis: "Measures for the Administration of Commodity Housing Sales" Article 34 Real estate development enterprises shall, before the delivery of commercial housing, entrust units with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project, and the surveying and mapping results shall be submitted to the real estate administrative department for examination and approval for housing ownership registration. The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required by it to handle the registration of housing ownership to the real estate administrative department where the housing is located.

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.