The real estate certificate has been done for 7 years, and now there is a dispute, does it work?

Updated on healthy 2024-06-07
10 answers
  1. Anonymous users2024-02-11

    Based on what you said, I judge that you don't want the title deed to change, so it's passive.

    The active one is very simple, that is, you deal with the house yourself, and the passive one is only three situations: the first type: registration error, this is the error of the registration authority, which is less likely; Second, there is evidence to prove that the original registration error should not belong to you, or should not belong to you entirely, which is often the most disputed place; Third, the correction under the policy change, the most common is the earliest 94 plan, which stipulates that only one person can become the property owner, and later after the 96 plan is introduced, anyone who has paid money and has worked for years can become co-owners, which belongs to no one and has no process type, but even if the property owner is unwilling, the court can also change it by confirming the right, but this change is often to add co-owners.

    I don't know what kind of dispute you are talking about, it is difficult to analyze further, but it is not a question of whether it is 7 years or not, and there is no statute of limitations.

  2. Anonymous users2024-02-10

    It doesn't matter how many years the real estate certificate is, what kind of dispute are you talking about? If it is permitted by law, there is no need to change the name of other people, and if it is not permitted by law, it must be changed according to the law. For details, you can communicate with me again.

  3. Anonymous users2024-02-09

    Of course, you can change it if you want, but you have to pay taxes! Deed tax + personal income tax!

    The transfer of ownership of your own family is the same as that of ordinary second-hand houses, and you can pay the same taxes.

  4. Anonymous users2024-02-08

    Summary. Hello dear, happy to answer your <>

    If you haven't applied for the real estate certificate after buying the house for 7 years, you can negotiate with the developer to bear the liability for breach of contract, or you can request to terminate the contract and compensate for losses.

    It's been 7 years since I bought the house, and I haven't gone to apply for the real estate deed.

    Hello dear, happy to answer your <>

    If you haven't applied for the real estate certificate after buying the house for 7 years, you can negotiate with the developer to bear the liability for breach of contract, or you can request to terminate the contract and compensate for losses.

    Legal analysis: Under normal circumstances, the real estate certificate can be handled, and it is necessary to bring the purchase contract, payment bill, ID card, household registration book, marriage certificate, and local housing situation certificate to the local housing management, consult and pay the deed tax, and go through the name and real estate certificate procedures. If the contract is breached, the liquidated damages shall be calculated according to the standard agreed in the contract signed by both parties, generally not more than 20% of the principal, and if there is no agreed liquidated damages, only compensation for losses can be claimed.

    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.

  5. Anonymous users2024-02-07

    Summary. Hello dear I'm glad to answer for you If your real estate certificate was issued 7 years ago, you can go to the local housing management department to go through the procedures for reapplying for the real estate certificate. You need to prepare relevant documents, including proof of ownership, proof of identity, proof of house registration, etc., and submit the application according to the requirements of the housing management department.

    My real estate certificate is still 7 years old + how should I handle it now.

    Hello dear I'm glad to answer for you If your real estate certificate was issued 7 years ago, you can go to the local housing management department to go through the procedures for reapplying for the real estate certificate. You need to prepare the relevant documents, including the house ownership certificate, identity certificate, house registration with banquet bridge certificate, etc., and submit the application according to the requirements of the housing management department.

    There is a 1974 land use certificate that has not been renewed, and it is my father's name, and now my house has been renovated by the village committee, and my old father has passed away. What are the steps required?

    First, you need to prepare a copy of the 1974 land use certificate, as well as the death certificate of your grandchild's father, and then you need to submit an application to the local property management department to apply for a replacement real estate certificate. After submitting the application, you need to wait for the review, and after the review is passed, you can get a new property letter certificate.

  6. Anonymous users2024-02-06

    The real estate certificate has not been issued. China implements a unified registration system for immovable property, and the establishment, alteration, transfer and extinction of property rights shall take effect when they are recorded in the immovable property register, and real estate shall be subject to the registration of real rights as immovable property.

    [Legal basis].Article 214 of the Civil Code.

    Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

    Article 215.

    Unless otherwise provided by law or otherwise agreed by the parties, a contract 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.

  7. Anonymous users2024-02-05

    Legal analysis: If the buyer fails to obtain the house ownership certificate within the following time limits due to the seller's reasons, the seller shall bear the liability for breach of contract unless the parties have a special agreement: (1) The time limit for handling the registration of house ownership as agreed in the contract for the sale and purchase of commercial housing; (2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house; (3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract.

    If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

    Legal basis: "Regulations on the Administration of Urban Real Estate Development and Operation" Article 33 If the buyer is unable to register the ownership of the house more than one year after the expiration of the time limit for the registration of house ownership, due to reasons attributable to the seller, the buyer's request to terminate the contract and compensate for losses shall be supported.

  8. Anonymous users2024-02-04

    First of all, it is necessary to coordinate and negotiate with the developer, clarify the reasons why the housing certificate cannot be processed on time, and how long it will take, so that the developer can come up with relevant opinions and methods to solve the breach of contract between the buyer and the seller. Secondly, if the opinions of the buyer and the seller are quite different and cannot reach an agreement, it is necessary to use judicial litigation to protect their rights.

    China's law stipulates that if the real estate certificate has not been applied for within the time limit, the liability for breach of contract shall be borne in accordance with the agreement of the sales contract of the commercial house, and if it is difficult to determine the amount of liquidated damages or losses without agreeing on it, the buyer can calculate it according to the total amount of the purchase price already paid, with reference to the standard of financial institutions on calculating overdue loan interest stipulated by the People's Bank of China. There are three types of periods of liability for breach of contract that the seller should bear:

    1) The time limit for the registration of the ownership of the house as agreed in the sales contract of the commercial house;

    2) If the subject matter of the sales contract of the commercial housing is the house that has not yet been completed, it shall be 90 days from the date of delivery of the house;

    3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract.

  9. Anonymous users2024-02-03

    Legal analysis: You can sue and require the other party to fulfill your contractual obligations to apply for the real estate certificate and claim liquidated damages.

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

    Article 478: The offer shall be invalid under any of the following circumstances:

    a) the offer is rejected;

    b) the offer is revoked in accordance with the law;

    3) The offeree has not made a commitment upon the expiration of the commitment period;

    4) The offeree makes substantial changes to the content of the offer.

    Article 510:After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs.

  10. Anonymous users2024-02-02

    Summary. Relatives, first of all, you should determine what kind of house the property you are buying belongs to, if it is a small property right house, there is no personal real estate certificate. If the purchased house is a commercial house with five complete certificates, it is possible to apply for a real estate certificate, in this case, you can ask the developer about the specific situation of the real estate certificate, and find out what the reason for not having a real estate certificate is.

    In the case of ineffective communication with the developer, it can be reported to the local real estate department.

    The house I bought in 14 years has not been given a real estate certificate until now, which relevant department should I consult with and what should I do.

    If it is a small property and an old right house, it is a vertical fiber without a personal real estate certificate. If the purchased house is a commercial house with five complete certificates, it is possible to apply for a real estate certificate, in this case, you can ask the developer about the specific situation of the real estate certificate, and find out what the reason for not having a real estate certificate is. In the case of ineffective communication with the developer, it can be reported to the local real estate department.

    If the developer has the obligation to handle the real estate certificate for the buyer, it will constitute a breach of contract liability, and the buyer can request the court to let the other party handle the real estate certificate, and require the other party to give a certain amount of economic compensation, or can request to terminate the house purchase contract. If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of the conclusion of the contract. If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

    Therefore, if the developer Shiye overdues the application for the real estate certificate, the owner can choose to negotiate or litigate the way of stopping and returning, and pursue the developer's liability for breach of contract according to the contract or legal provisions.

    Kiss has never said anything about the real estate certificate.

    Keep saying it but it doesn't work.

    It is a commercial house with five complete certificates.

    If the developer fails to perform the obligation to apply for the real estate certificate, the developer may be required to bear the liability for breach of contract according to the purchase contract.

Related questions
7 answers2024-06-07

The real estate certificate can be bought and sold in non-restricted cities for less than two years, and it is necessary to confirm that you have independent property rights and no mortgage. Restricted cities need to comply with the corresponding purchase restriction policies. >>>More

14 answers2024-06-07

If the person on the real estate certificate dies and changes the name of the living person, you must bring the relevant certificate of death and the ID card of the party to the local real estate management department to go through the real estate inheritance procedures. The process may require the presence of persons with equal inheritance rights, such as siblings.

22 answers2024-06-07

1. It is perfectly okay to go to school, but if you have a real estate deed. >>>More

6 answers2024-06-07

1. Apply for title investigation. This step is mainly to confirm the spatial location of the house, whether the ownership is accurate, and whether the boundaries are clear, which is the first step in handling the real estate property certificate. The applicant needs to bring the original ID card and the relevant expropriation materials to the real estate registration center and apply for the real estate title investigation. >>>More

8 answers2024-06-07

There are three main situations in which the name is added to the real estate certificate: (1) There is no mortgage for a house: the handling fee is 80 yuan for the production cost, 25 yuan for the cadastral map, and 5 yuan for the sticker. >>>More