What are the tips for buying and selling small property rights? Are small property rights protected

Because small property houses are not. <>

But because the small property right house is not, the small property right house has a lot of troubles. But there are a lot of troubles in small property rights. Because of small property rights, only make. Right, no right.

Before buying a house, you should understand whether the house belongs to a small property right house, because this kind of house is not legally protected, for the signing of this type of house, it is best to find relevant professionals to understand the situation, so as to avoid the final cause of their own gains outweigh the losses, and the signing of a small property right house must find the right way, I also sorted out how to buy and sell small property rights How can it be legal? Before buying a house, we must understand whether the house belongs to a small property right house, because this kind of house is not legally protected, for the signing of this type of house, we find relevant professionals to understand the situation, so as to avoid the final cause of their own gains outweigh the losses, and the signing of a small property right house must find the right way, I also sorted out how to buy and sell small property rights How can it be legal? What are the precautions for buying a small property right house, and share it with you through this article.

How to buy and sell small property rights legally

1. The village committee has agreed.

When developing and constructing a small property right house, the developer must first obtain the consent of the village committee, and only in this way can the small property right house be developed more legally. If the developer develops and builds a small property without the consent of the village committee, then even if it is built, it is still an illegal building and may be forcibly demolished at any time.

Second, the collective interest is the mainstay.

After obtaining the consent of the village committee, if all the income from the construction of a small property right house is privately appropriated by the village committee members, and the village collective members do not enjoy this part, then such a small property right house is also illegal. Therefore, when building a house with small property rights, it is not only necessary to obtain the consent of the village committee, but also to focus on collective interests, and all the income must be owned by all the villagers, and only in this way can the small property rights houses built be legal.

3. Circulation within the same village.

Generally speaking, small property rights are only allowed to be transferred within the same village collective, and are not allowed to be sold to members outside the village collective, especially those with urban hukou. Therefore, when you buy a small property right house, you must pay attention to the circulation principle of the small property right house.

Fourth, obtain the approval of the department.

Under normal circumstances, it is true that small property rights are not allowed to be sold to buyers outside the village collective, but if you can get approval from the relevant authorities, then no problem. However, this is often the case and there are few cases.

What are the precautions for buying a small property?

For buyers who buy small property rights, they can only protect their rights and interests through the house sale and purchase contract, so in the sales contract, it is necessary to make detailed agreements on various circumstances, such as the buyer receives full compensation when demolition, and agrees on high liquidated damages. Buyers also need to pay attention to the fact that in order to reduce the risk of buying a small property ownership, buyers buy a large-scale small property ownership house.

The above is how to buy and sell small property rights legally? What are the precautions for buying a small property right house, buying and selling a small property right house must be prepared in advance, if you blindly sign a contract, you can not get any legal protection, to put it bluntly, there are any problems in the follow-up, the contract in the contract does not have any binding effect, if you are not professional in this area of friends to find a professional intermediary agency, professional people do professional things.

Pay attention to the signing of small property rights for the sale and purchase of houses:

1. Both parties to the contract. The name (name), address, zip code, contact ** of the buyer and the seller. If there is a client, the name (name), address, zip code, and contact of the client** are also included.

2. Subject matter. The subject matter is the object to which the rights and obligations of both parties to the contract are directed. In a contract for the sale and purchase of a house, the subject matter is the house.

3. The first time of the house and the payment time are agreed.

4. Delivery deadline.

5. Guarantee of rights.

6. Liability for breach of contract.

7. Other matters that both parties to the contract believe should be eliminated from the agreement.

Civil Code of the People's Republic of China

Article 465:Contracts established in accordance with law are protected by law.

A contract established in accordance with the law is only legally binding on the parties, unless otherwise provided by law.

Article 119:A contract established in accordance with law is legally binding on the parties.

Legal analysis: 1. Small property rights can only be sold to residents of the same village. Such a purchase contract is legally binding.

2. If it is not the residents of the village who buy the small property rights of the village, it has no legal effect.

3. The homestead of the small property right house in the village is owned by the village collective.

4. There is no "Housing Ownership Certificate" issued by the Real Estate Bureau.

Legal basis: "Law of the People's Republic of China on the Administration of Urban Real Estate" Article 39 Where the land use right is obtained by way of transfer, the following conditions shall be met when transferring the real estate: (1) all the land use right transfer fees have been paid in accordance with the transfer contract, and the land use right certificate has been obtained; (2) In accordance with the provisions of the transfer contract, the investment chain is opened, and if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.

If the house has been completed at the time of the transfer of real estate, the house ownership certificate shall also be held.

1) For the sale and purchase of small property rights, both parties may sign a sales contract.

2) The following issues should be paid attention to when signing a contract for the sale and purchase of a small property right house:

1. Both parties to the contract. The name (name), address, zip code, contact ** of the buyer and the seller. If there is a client, it also includes the name (name), address, zip code, and contact of the client.

2. Subject matter. The subject matter is the object to which the rights and obligations of both parties to the contract are directed. In a contract for the sale and purchase of a house, the subject matter is the house.

This mainly includes the following: the location of the house; The area of the house to be bought and sold should be indicated separately with the take-home floor area and the common floor area apportioned; Whether the house is an existing house or an off-plan house; Ancillary facilities and maintenance standards of the house.

3. The first time of the house and the payment time are agreed. Generally, the newly built commercial houses and pre-sold commercial houses are calculated according to the construction area of the house being sold, that is, the selling price per square meter of construction area is agreed to be how many yuan, and then the unit price is multiplied by the construction area to calculate the price to be paid for the house. The sale and purchase of an old house is sometimes a direct agreement on the price to be paid for each house or house.

In the contract, a payment schedule is usually set out according to which the buyer delivers the price to be paid for each instalment to the seller.

4. Delivery deadline. The seller should deliver the house to the buyer by a certain date. The buyer shall, within the time limit prescribed by the real estate property rights registration authority, register the ownership with the real estate property rights registration authority from the date of actual receipt of the house, and the seller shall provide necessary assistance.

Or the above work is carried out by the seller**buyer. The title deed (with the owner as the buyer) is delivered to the buyer at the same time or after a certain period of time, and the buyer pays the relevant costs.

5. Guarantee of rights. The seller warrants that there are no property disputes and financial disputes in the house at the time of delivery, and that the mortgage originally created by the seller on the house has been cleared at the time of delivery. If there is a dispute over rights that existed before the delivery of the house after the delivery of the house, the seller shall bear full responsibility.

2. The relevant legal basis for the sale and purchase of small property rights.

6. Liability for breach of contract. Liability for breach of contract is the legal liability of the party who breaches the contract. The provisions on liability for breach of contract play a very important role in urging the parties to consciously and appropriately perform the contract, protect the legitimate rights and interests of the non-breaching party, and maintain the legal effect of the contract, and can also avoid the situation that the two parties will fight each other in the future.

The contract should clearly stipulate the liability for breach of contract that the buyer should bear if he fails to pay the purchase price on time, the liability for breach of contract that the seller should bear if he fails to deliver the house on time, and the liability for breach of contract if the house delivered by the seller does not conform to the contract.