Can I resell a house that has not yet been delivered?

Because there will be no real estate certificate before handing over the house, the house without the real estate certificate cannot go through the transfer procedures. If you only pay the full amount, but do not go through the filing and registration with the housing authority, and only sign a house purchase agreement with the developer (note: it cannot be a commercial housing pre-sale contract), the developer can find a relationship to achieve the purpose of changing the name.

If the pre-sale contract of commercial housing has been signed and the housing authority has filed for the record, it is impossible to change the name, so you can only wait for the property right certificate to be completed and then go through the procedures for sale and transfer.

If you want to sell a house, the most basic condition is to get the house title certificate, which was called the property ownership certificate in the past, and the real estate title certificate now. Because a house that has not obtained the title certificate cannot go through the transfer procedures. In addition, the house cannot be transferred if it is mortgaged, sealed, or restricted.

The mortgage includes the normal mortgage and the rest of the mortgage, etc., if there is a mortgage, the mortgage needs to be released before the transfer can be completed.

Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases of Disputes over Urban Housing Lease Contracts

Article 7. If the lessee changes the main body of the building and the load-bearing structure or expands without authorization, and still refuses to restore the original state within a reasonable period of time required by the lessor, and the lessor requests to terminate the contract and claim compensation for losses, the people's court shall handle it in accordance with the provisions of Article 219 of the Civil Code.

OK.

Yes, the following conditions must be met to sell a new house without handing over the house:

1. The buyer must be able to accept that there is no real estate certificate and no existing house.

2. You can go directly to the sales department with the buyer to change the name, and the person in charge of the sales department cooperates.

3. Another advantage of this is that you don't have to pay any taxes.

4. After the name change is completed, the real estate certificate will be issued in the name of the new owner.

Legal analysis: The house has not been handed over and can be resold. If the house is not handed over and re-sold, the following conditions need to be met:

1. The buyer can accept that there is no real estate certificate, there is no existing house, and the transaction status can be fully cooperated. 2. You can go directly to the sales department with the buyer to change the name. 3. You don't need to pay any taxes.

4. After the name change is completed, the real estate certificate will be issued in the name of the new owner.

Legal basisInterpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing Article 14 If the buyer fails to obtain the certificate of ownership of immovable property within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: (1) the time limit for handling the registration of immovable property as stipulated 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.

1.Can I resell my undelivered house?

As for whether the house that has not yet been handed over can be resold, in fact, this issue involves a lot of legal issues. According to the provisions of the Contract Law, the sale of houses must obtain a pre-sale license from the state administrative department, otherwise the transaction is invalid. However, in order to obtain funds, some developers will pre-sell the undelivered house, in which case it can be re-sold.

2.What are the issues that need to be paid attention to when reselling an undelivered house?

First of all, the buyer needs to carefully review the terms of the purchase contract to make sure that there is no violation of the law. Secondly, you should verify the property rights of the house and confirm whether there are other property rights disputes. If the buyer and seller do not specify the date of delivery of the house and the standard of undertaking the renovation when signing the contract, then these details need to be specifically indicated in the contract.

3.What is the process of reselling an undelivered house?

First of all, the seller needs to provide the house purchase contract, pre-sale permit and other relevant documents. The buyer then needs to consult with the developer whether he agrees to transfer the property, and if so, he needs to sign a transfer contract with the developer and pay the relevant transfer fees. Next, the seller needs to go through the procedures for transferring the title of the house and deliver the house to the new buyer, completing the entire resale process.

4.A house that has not been handed over cannot be recognized as a second-hand house.

It is important to note that a house that has not been handed over cannot be considered a second-hand house because it has not actually been delivered to the buyer. In addition, the house that has not been handed over cannot be purchased through a bank loan, because the collateral is not yet in place, and the corresponding mortgage registration procedures cannot be processed. Therefore, undelivered homes can only be purchased by paying in full or in installments.

5.What are the risks associated with reselling an undelivered house?

1. Contract disputes. If the delivery date of the house and the decoration standard to be undertaken are not accurately agreed upon when signing the contract, it is easy to cause contract disputes.

2. Property rights disputes. If there is a dispute over the ownership of the resold home, then there is a risk of property loss for both the buyer and the seller.

3. Difficulty of circulation. It is difficult to circulate undelivered houses, and it is difficult to trade as quickly as second-hand houses. If you need to sell urgently, it is also difficult to find a buyer in time.

6.How to avoid the risk of reselling undelivered houses?

1. Learn more about the delivery date and decoration standards of the house, and only consider buying if you are sure.

2. Verify the property rights of the house to ensure that there are no property rights disputes.

3. When signing the transfer contract, it is necessary to clarify the ancillary facilities, maintenance responsibilities, and the rights and interests of the public part.

4. Choose the appropriate payment method according to the specific situation of the house to ensure the safety of funds.

7.Summary.

The house that has not been handed over can be resold, but it is necessary to carefully understand the relevant laws and regulations and the specific content of the contract, and carefully choose the purchase method and payment method to avoid various risks that may exist. When reselling a house that has not been delivered, you must choose the corresponding professional agency for consultation and ** to protect your own rights and interests.

Houses that have not been handed over can be resold. The first thing that must be noted about this issue is that the purchase of a house requires the signing of a sale and purchase contract, and the resale also requires the signing of a sale and purchase contract. Therefore, the house that has not been handed over can also be resold.

However, there are some issues that need to be paid attention to when reselling undelivered houses.

First of all, the buyer and seller need to pay special attention to the language of the contract when entering into the sales contract. The contract should clearly indicate that the house is an "undelivered commercial house", and make a special agreement on this, so that there is a basis to follow in the event of future disputes.

Secondly, the undelivered house has not yet obtained the house ownership certificate, but when reselling, it is necessary to clearly indicate the ownership of the house, and the seller must confirm whether the rights factor of the house is clear and complete, there is no property rights dispute, and ensure that the license documents are intact.

Then, when reselling the undelivered house, it is also necessary to pay attention to the solutions in various situations stipulated in the contract, such as the problem of financial agreement and delivery time, and the penalty caused by the buyer's failure to pay the down payment on time or the full amount.

Finally, when reselling an undelivered house, you need to pay attention to its resale and make a reasonable assessment, because the value of the undelivered house is more susceptible to market fluctuations. For this reason, it is recommended to set a reasonable price on the basis of the true value of the house to avoid unnecessary economic losses and waste.

In short, an undelivered home can be resold, but the buyer and seller need to pay attention to the clear provisions and signing of the contract and interests. It is necessary to conduct a detailed assessment and planning of the ownership of the house, the agreement on the first defense of the resale and the transfer** to ensure the smooth completion of the resale of the house. <>

Legal analysis: Yes, the following conditions must be met to sell a new house without handing over the house: 1. The buyer must be able to accept that there is no real estate certificate and no existing house in such a transaction state as full cooperation.

2. Go directly to the sales department with the buyer to change the name. 3. Another advantage of this is that you don't have to pay any taxes. 4. After the name change is completed, the real estate certificate will be issued in the name of the new owner.

Legal basis: Article 3 of the Administrative Measures of the People's Republic of China for the Sales of Commodity Housing includes the sale of commercial housing and the pre-sale of commercial housing. The term "commercial housing for sale" in these measures refers to the behavior of real estate development enterprises to give the buyer the commercial housing that has passed the completion and acceptance, and the buyer pays the house price.

The pre-sale of commercial housing in these measures refers to the act of real estate development enterprises giving the commercial housing under construction to the buyer in advance, and the buyer pays the deposit or house price.