Can I sell a house without obtaining a house title certificate?

In principle, a house cannot be sold without a title certificate. The reason is that the sale cannot be transferred, and the rights and interests of the buyer cannot be maintained. However, some houses cannot be handled with real estate certificates, but need to be bought and sold privately, then the buyer and seller must sign a sale and purchase agreement, and use the sale and purchase agreement to jointly bind the legitimate rights and interests of both parties.

Can a house be bought and sold without a title deed?

No. Houses cannot be bought or sold without title deeds. Because China stipulates that the purchase and sale of real estate is subject to the registration of ownership transfer (also known as "transfer"), real estate without a property right certificate cannot be transferred, and the state does not protect real estate transactions that do not pass the household.

Because without the title certificate, there will be no loan, no transfer, and no notarization, and the signed agreement will be invalid.

Minors can apply for a house ownership certificate. The following conditions are required for minors to apply for real estate certificates: 1. The minor's house shall be registered by his guardian on his behalf.

2. Provide proof of guardianship and ID card of the guardian. 3. Minors should provide their ID cards or household registration certificates issued by the police station.

According to Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate, real estate that has not been registered and received a certificate of ownership in accordance with the law shall not be transferred. However, there may be many reasons why the house does not have a property ownership certificate, such as not being able to apply for a property ownership certificate, not obtaining a property ownership certificate for the time being, or losing the property ownership certificate. ”

You can't do without obtaining a house title certificate. According to the law, the following real estate shall not be transferred: (1) the land use right is obtained by way of transfer but does not meet the conditions prescribed by law; (2) Where judicial or administrative organs decide to seal up or otherwise restrict real estate rights in accordance with law; (C) the resumption of land use rights in accordance with the law; (4) The co-owned real estate is not co-owned 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 the transfer.

Article 6 of the Regulations on the Administration of Urban Real Estate Transfer.

This is not possible, because the sale of a house without ownership is a case of disposition without the right to dispose of it, and it is not possible to buy and sell, and there is no such condition for transfer.

No, you can't buy or sell a house without a title deed. It needs to be done according to the relevant policies.

Legal analysis: It is impossible to transfer a house without a real estate certificate, and only when the transfer is made, the house can completely belong to you. Houses with only a purchase contract can also be traded, but with the following risks:

1. It is difficult to determine whether the seller has the right to ** the house, and if the seller does not have the right to dispose of the house, the sale and purchase agreement between the two parties may be invalid.

2. There are great variables in the transaction, during the period from signing the sales contract to obtaining the real estate certificate, the seller may choose to terminate the contract due to a variety of factors, such as the seller regrets the house ****, unilaterally raises the price, and does not cooperate with the transfer. In the absence of a real estate certificate, if the seller insists on breaching the contract signed by the buyer and the seller, the buyer cannot force the seller to perform the transfer procedures based on the sales contract between the two parties, and often can only recover the purchase price paid according to the contract.

3. The seller resold the house to a third party by improper means, resulting in a dispute over the ownership of the house between the two buyers.

4. Due to the developer's reasons, the seller has been unable to obtain the property right certificate, resulting in the buyer's inability to handle the transfer of ownership, and therefore unable to enjoy the right to dispose of the house.

5. It is impossible to clarify the nature of the housing land, and the nature of the land is generally the transfer of land, but if the land is allocated, a part of the land transfer fee needs to be paid for the listing transaction, which will also produce certain contract risks.

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

Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

Article 470:The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

Can a house be sold without a title deed.

According to the Law of the People's Republic of China on the Administration of Urban Real Estate, a house that has not been registered in accordance with the law to obtain a real estate certificate cannot be sold. Because the ownership of a house without a real estate certificate is not clear, or it is built in violation of laws and regulations, it is not protected by law if there is no real estate certificate. Therefore, a house that cannot apply for a real estate certificate cannot be **.

How to handle the real estate certificate.

1. Conclude that the developer has now carried out the initial **.

First of all, the developer needs to handle the initial **, which is a prerequisite for the real estate certificate, according to the relevant laws and regulations, the real estate developer shall, within 60 days from the date of delivery, need to handle the house ownership ** materials to the real estate competent center where the house is located.

2. Fill in the application form for house **.

Then, the handler goes to the management center to collect and fill in the "House (Land) Right ** Request Form", and after filling it out, it needs to be signed and sealed by the developer. Some of the open defense providers have ready-made stamped **, just get it directly and fill in the information.

3. Take the surveying and mapping.

Surveying and mapping is the main basis for determining the area marked on the real estate certificate, so be sure to prepare the surveying and mapping map.

4. Pay public repair ** and deed tax.

When applying for the real estate certificate, you need to pay relevant fees, such as: public repairs, deed tax, etc., the public ** is usually collected by the community in the area where the property is located, and the bank can also collect the public repair**, and the specific payment method can consult the developer's staff.

5. Take the real estate certificate according to the specified time.

After the formalities are completed, you can get the certificate, and remember to bring the notice of receipt given by the management department to receive the real estate certificate within the specified time. In addition, when paying stamp duty and property registration fees, it is necessary to carefully check the information on the property ownership certificate, especially the area, location, name of the right holder, ownership status and other information.

Houses that do not have a title deed cannot be bought or sold. The property right certificate generally refers to the house ownership certificate, which is the proof of ownership of the real estate, and the real estate without the property right certificate has no property right certificate, and its transaction belongs to the real estate without the right to dispose of it, and it belongs to the real estate that is prohibited from buying and selling transactions.

If you buy a commercial house with large property rights, you can't buy or sell it before the real estate certificate is processed, because you need the original real estate certificate when you go to the housing authority to go through the transfer procedures! A house without a real estate certificate cannot be bought or sold, and of course, it cannot protect the legal rights of the buyer!

A house without a title deed is a house that does not have a title deed. For example, the homeowner has bought a house, but has not yet applied for the real estate certificate; The developer has not gone through the formalities such as ownership registration and property right certificate; building violations; There is only the right to use, but there is no property right of public rental housing, etc.

Buying or selling a house without a title deed can be very risky. In principle, it is not possible to buy or sell a house without a title certificate. As a direct consequence, the buyer cannot legally become the owner of the house, and the house transaction is not protected by law.

In other words, it is likely to result in the consequence of running out of money and housing.

Legal basis

Urban Real Estate Management Act

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) The co-owned real estate is not co-owned 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.

Property Law of the People's Republic of China

Article 15 stipulates that unless otherwise provided by law or otherwise agreed in the contract, a contract entered into between the parties relating to the creation, modification, transfer and extinction of real estate 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. This provision clearly distinguishes between the causes and effects of changes in immovable property, and distinguishes between the validity of a contract and the validity of a property right. If the seller obtains the house through a legal and valid house sale contract, the house shall be deemed to have been delivered on the date of transfer of possession, and the seller shall have the right to dispose of the house even if it has not obtained the property right certificate, and it has the right to dispose of the house.

Legal analysis: A house cannot be sold without a title deed. The sale of a house without title is a disposition without authority.

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 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) The co-owned real estate is not co-owned 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.