Why can t a single house be transferred if it has a real estate certificate?

1. The purchased property is affordable housing.

and other restricted listings, you need to wait for the listing conditions to be met before you can transfer ownership.

There are some properties, such as affordable housing, etc., that must be met for a certain number of years before they can be traded freely. If someone takes out such a restricted property for a transaction, it is not possible to complete the transfer of title immediately.

In this way, the parties to the transaction often need to agree to wait for the conditions to be met in the future before transferring, but if the agreement is too long, it will increase a lot of uncertainties, and the transaction between the two parties must contain great risks, especially for the buyer, the risk is even unlimited, such as the risk of policy changes; The risk of housing price ** or **, the seller may regret it and be reluctant to cooperate with the transfer.

2. In order to wait for the preferential tax conditions to be met, the account will not be opened temporarily.

There is a big difference in taxes and fees for a property because of the different related circumstances, and the taxes and fees directly affect the house price. For a variety of reasons, some people will sign a property sale and purchase agreement when the house does not meet the relevant tax incentives, but in order to save taxes, they agree to transfer the property when the conditions are met. This condition may simply be the waiting time to meet one condition, or it may be something else.

3. In order to wait for the buyer to obtain the qualification to buy a house, it is not allowed to do so for the time being.

Due to the price of housing **, some places have introduced a real estate purchase restriction policy, resulting in some buyers temporarily unable to obtain the qualification to buy a house, but for some reason, they are eager to buy a house, resulting in a temporary inability to transfer. In this case, both parties need to wait for the buyer to meet the policy conditions, such as waiting for the buyer's husband and wife to "divorce", waiting for the buyer to complete the property under the original name, or waiting for the buyer to work in the local social security to meet a certain number of years, etc.

Generally, if a single house with a formal house ownership certificate cannot be transferred, there is a mortgage or freezing of the house. For example, if the property has been seized by the relevant departments, or the owner is in the stage of divorce and has not completed the registration of the property dissolution, even if there is a real estate certificate, the transfer cannot be handled, and otherwise.

At present, the relevant tax of the real estate or the seller is an incapable actor, and the house has other co-owners, in the case of the seller's other property owners do not agree, the transfer of the ** property can not be completed.

In our country, the property right certificate protects not only the interests of the buyer, but also the interests of the seller, if there is no formal formalities for the handover of the house, legally speaking, the house still belongs to the seller, once there is a problem with the transfer after payment, whether the payment can be recovered has become unknown, so when buying a second-hand house, it is necessary to do capital supervision as much as possible and go through the formal purchase channel.

Can I transfer the ownership if I have a real estate deed but I don't have it?

Legal analysis: The exclusive court only has a real estate certificate and cannot be transferred. When going through the transfer procedures, you must bring the real estate certificate and other documents as required. Those who apply for the registration of the right to use state-owned construction land and the transfer of ownership of houses shall submit the following materials according to different circumstances:

1. Certificate of real estate ownership;

2. Sales, exchange, gift contracts;

3. Materials of inheritance or bequest;

4. Split and merger agreements;

5. Effective legal documents of the people's court or arbitration commission;

6. The approval documents of the people's ** or the competent department with the right to approve;

7. Relevant tax payment vouchers;

8. Other necessary materials.

If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.

Legal basis: Article 38 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property Article 38 Those who apply for registration of the right to use state-owned construction land and the transfer of ownership of houses shall submit the following materials according to different circumstances:

1) Certificate of ownership of immovable property;

2) Contracts of sale, exchange, and gift;

3) Materials inherited or bequeathed;

4) Split or merger agreements;

5) Legal documents effective by the people's courts or arbitration commissions;

6) The approval documents of the people** or the competent department with the right to approve;

7) Proof of payment of relevant taxes and fees;

8) Other necessary materials.

If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.

Legal Analysis: No. The real estate certificate is a legal document for the state to protect the ownership of the house in accordance with the law.

From the point of view of the law, a house without a real estate certificate cannot be purchased, and it is recommended not to take risks to buy a house without a real estate certificate because of the temporary cheapness. A house without a title deed cannot be notarized.

Legal basis: Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred: (1) the land use right obtained by way of transfer does not meet the conditions stipulated in Article 39 of this Law; (2) Where judicial or administrative organs make rulings or decisions 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.

Yes, in the second-hand housing transaction, the general process should be followed, and the buyer and seller should first form an agreement, that is, reach an agreement, and then go through the transfer according to the procedures. Specifically, there are several steps:

1. The buyer and the seller establish information communication channels, and the buyer understands the overall status of the house and the property rights, and requires the seller to provide legal documents, including house ownership certificates, identity documents and other documents.

2. If the house provided by the seller is legal and can be listed for trading, the buyer can pay a deposit for the purchase of a house (paying the deposit for the purchase of a house is not a necessary procedure for the sale and purchase of commercial housing), and the buyer and seller sign a house sale contract (or house sale contract). After the buyer and seller reach an agreement on the location of the house, the status of property rights and the transaction, the delivery of the house, the delivery of the house, and the handling of property rights through negotiation, the two parties shall sign at least three copies of the house sale and purchase contract.

3. The buyer and the seller jointly apply to the real estate transaction management department for review. After the buyer and seller submit the application procedures to the real estate management department, the management department shall check the relevant documents, review the property rights, and approve the transfer procedures for the houses that meet the listing conditions.

4. Deed. According to the property rights of the transaction house and the object of purchase, the real estate transaction management department can apply for review and approval step by step according to the approval authority set by the transaction department in advance, and the two parties to the transaction can go through the deed formalities.

5. Pay taxes and fees. The number of taxes and fees is more complicated and depends on the nature of the property being traded. For example, the tax composition of housing reform, dangerous housing and relocation housing, affordable housing and other commercial housing is different.

6. Handle the procedures for the transfer of property rights. After the parties to the transaction complete the registration of property right change in the real estate transaction management department, the transaction materials will be transferred to the issuing department, and the buyer will apply for a new property right certificate with the notice of obtaining the house ownership certificate.

7. For the buyer of the loan, after signing the house sale contract with the seller, the buyer and the seller will go through the loan procedures with the loan bank, and the bank will review the buyer's credit, evaluate the house that both parties want to trade, so as to determine the buyer's loan amount, and then approve the buyer's loan.

8. The buyer receives the house ownership certificate, pays off all the house payments, and the seller delivers the house and settles all the property fees. The legal basis is the Measures for Housing Registration.

If the house cannot be transferred, the following methods can be considered:

1.Closing through court proceedings: In most cases, the transfer can be resolved through court proceedings.

2.Contract Transfer: The transfer can be completed by signing a sales contract between the two parties.

3.Mortgage Loan: The transfer can be completed by way of a mortgage loan.

4.Joint Sale: But Shenchun completes the transfer of ownership through joint trading between two people.

5.Transfer of co-ownership: The transfer of ownership can be completed by transferring co-ownership.