What to do if a house is bought and sold without a title deed, how to buy and sell a house without a

No trading is possible. Article 37 of the Law on the Administration of Urban Real Estate stipulates that the transfer of real estate refers to the transfer of real estate by the owner of real estate to another person through sale, gift or other legal means.

Article 38 stipulates that the following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: Houses cannot be bought and sold without real estate certificates, and China's laws stipulate that the following real estate shall not be transferred, including real estate that has not been registered and received a title certificate in accordance with the law: (1) obtaining land use rights by way of transfer but does not meet the conditions stipulated by law; 2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law; 3) recovering the right to use land in accordance with law; 4) Co-ownership of real estate, without the written consent of the other co-owners; 5) the ownership is disputed; 6) Failure to register and receive a certificate of ownership in accordance with law; 7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal basis: Law of the People's Republic of China on the Administration of Urban Real Estate

Article 38 The following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Civil Code of the People's Republic of China

Article 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 217 The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.

How to trade a house without a title deed.

Houses without title deeds are usually traded in three ways:

1. The buyer and seller of the house agree to wait for the real estate certificate to come down and then transfer the ownership. This method is a second-hand house sale, and the taxes and fees that need to be paid will be more than that of a new house. Includes:

Personal income tax, deed tax, value-added tax, and more. This method is relatively simple and straightforward, can be transferred in time, and the risk is low. The disadvantage is that the taxes and fees are relatively high, and the time cost is relatively long.

2. Direct name change. The process is that the seller needs to pay off the bank loan first; The seller takes the settlement certificate issued by the bank and goes to the housing authority to take out the mortgage contract; The developer goes to the real estate bureau with the contract and the cancellation registration form to go through the cancellation procedures for the house; After the cancellation is completed, the buyer and the developer will sign a new contract for the sale and purchase of commercial housing, and then go to the housing authority for re-filing.

3. If you have just paid the down payment and have not yet applied for a mortgage, you can re-sign a house purchase contract. This situation is easier to deal with because the developer has not yet filed with the housing authority. The buyer and seller can go directly to the developer to handle the contract transfer, that is, negotiate with the developer, sign a new purchase contract with the buyer, and take back the old purchase contract.

Then the buyer can pay the down payment to the seller.

However, it should be noted that it is risky to trade a house without a real estate certificate, so in order to avoid risks, it is recommended to think clearly about the possible situations in the contract and stipulate an appropriate amount of liquidated damages in advance. This can avoid the trouble of adducing evidence in future disputes, and can also incentivize the debtor and avoid the role of a guarantee that creates a larger debt.

If you buy a house without a real estate certificate, it means that you are not the owner of the house, and this kind of house is generally called a small property right house.

"Small property right houses" are houses built on collective land in the name of new rural construction by some village collective organizations or developers, or "commercial houses" built by farmers themselves. At present, there are two kinds of "small property right houses": one is built on collective construction land, that is, houses built on homesteads, which only belong to the collective owners of the rural areas, and cannot even be bought by farmers from other villages; The other is illegal construction on the land used by collective enterprises or the occupation of cultivated land.

First of all, it should be made clear that as long as the relevant approval procedures have been completed in accordance with the law, the small property right house is a legal building, because the law allows rural collectives to build houses on collective land. Therefore, it is not just a "small property" that is an illegal construction. At present, some "small property rights" have certain problems in the sales process, which conflict with the current laws and regulations, so many people mistakenly think that "small property rights" are illegal construction.

"small property right house", as long as the buyer is a member of the collective, and meets the provisions of "one household, one house", and provides the relevant approval procedures, the right can be confirmed.

Through the above analysis, it is known that according to the provisions of the Civil Code, when buying and selling a house without a real estate certificate, unless otherwise agreed by the parties or provided by law, if the house transfer registration is not handled, the validity of the house sale contract will not be affected, and the house sale contract shall take effect when it is established.

If you want to buy and sell a house without a real estate certificate, you can sign a house sales contract first, and then conduct a transaction after obtaining the real estate certificate. Houses without property ownership certificates have the obstacle of no property ownership certificate, and cannot register for the transfer of ownership of the house and receive a new ownership certificate in accordance with the law.

Legal basis] Article 38 of the Law on the Management of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

No trading is possible. Article 37 of the Law on the Administration of Urban Real Estate stipulates that the transfer of real estate refers to the transfer of real estate by the owner of real estate to others through sale, gift or other legal means.

Article 38 stipulates that the following real estate shall not be transferred:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership of the limb is disputed;

6) Failure to register and receive the certificate of ownership in accordance with the Sun Yan Law;

7) Other circumstances where laws or administrative regulations prohibit transfer.

1. Second-hand housing transactions without property rights certificates are illegal (according to the "Real Estate Management Law of the People's Republic of China": real estate that has not been registered and received a title certificate in accordance with the law shall not be transferred). 2. If both parties reach an agreement and must trade, the two parties can sign a sales contract at this time.

For the house without the property ownership certificate, please see the following discussion on whether the signed sales contract is valid. 3. If the house does not have a property right certificate, the conclusion of the sales contract is not necessarily invalid, as long as it meets the valid requirements prescribed by law, the rescue shall be deemed valid.

Legal basis: Provisions on the Administration of Urban Real Estate Transfer

Article 7 The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the transfer of real estate sign a contract for the transfer of the real estate;

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**;

C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;

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

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

What should I do if I lose the contract for the sale and purchase of the house?

The loss of the house sale and purchase contract is handled as follows:

1. Check whether the title certificate is still there, the contract is only a constraint on the developer.

2. Ask the developer if they have an electronic contract.

3. Go to your local housing authority to see if there is a record.

Fourth, the real estate transfer registration, if registered, you can prove that the ownership of the house is the ownership, and the real estate certificate can be reissued. If there is no registration, that is, the registration of the housing management department is that of the original landlord, then he has ownership of the house, and if the house sale contract is lost, it is impossible to prove the ownership of the house.

What should I do if I lose my house title deed?

If the house ownership certificate is lost, the loss of the house ownership certificate should be reissued. The specific process is as follows: 1. Submit an application to the rent answering department in charge of housing transactions, explaining the facts of the loss or damage of the house ownership certificate; 2. After the review is passed, the competent department will issue a certificate of loss; 3. Handle the procedures for reporting loss with the registration certificate issued.

It should be noted that it must be 6 months after the declaration of loss has been published.

According to the provisions of the relevant laws of our country, if the local people at or above the county level are responsible for real estate management and land management by a department, they can make and issue a unified real estate right certificate, and in accordance with the provisions of the "Urban Real Estate Management Law", the ownership of the house and the confirmation and change of the land use right within the scope of the house occupation shall be included in the real estate right certificate respectively. The style of the real estate right certificate shall be reported to the construction administrative department for the record.

Legal basis.