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You can buy a house without a real estate certificate, but it should be noted that you cannot transfer property rights without a real estate certificate. If you want to **, you can only sign the contract between the buyer and the seller, and the transfer can only be carried out after the real estate certificate comes out. If the ownership certificate is not registered in accordance with the law, the real estate shall not be transferred.
[Legal basis].
Article 38 of the Urban Real Estate Management Law shall not transfer the following real estate: (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 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.
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If the real estate certificate is not down, you can buy it, but there is a certain legal risk. In this case, you should be cautious about buying, and it is recommended to wait for the other party to get the real estate certificate before negotiating the purchase. According to the provisions of Article 38 of the Law on the Administration of Urban Real Estate, 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 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.
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Under normal circumstances, a house that has not been deed can be bought, but it cannot be traded. Because in the absence of a real estate certificate, although the two parties can sign a sales contract, there is a great risk due to the inability to go through the registration procedures, so it is recommended not to buy. If the deposit has been paid, it can be handled in accordance with the contract.
[Legal basis].
Article 209 of the Civil Code The establishment, 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 214:Where the creation, alteration, transfer, or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.
Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract concluded between the parties concerning the creation, modification, transfer, or 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.
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First of all, from the perspective of national laws and policies, real estate without a property right certificate is not allowed to be traded. Because China stipulates that the purchase and sale of real estate is subject to the registration of ownership transfer (that is, the so-called "transfer"), the real estate without the property right certificate cannot be transferred, and the state does not protect the real estate transaction that does not reach the household. We also recommend that you do not buy this type of house, because without the title certificate, you will not be able to take out a loan, transfer the property, or notarize, and the signed agreement will be invalid.
Third, if you can't handle the transfer without the property right certificate, then the hidden risk will be very large, but the ownership of the property is still the original owner's. For example, if the original owner divorces the property, the property will be divided, and if he has debts sued, then the property will be listed as enforceable property by the court.
[Legal basis].
Article 6 of the Provisions on the Administration of Urban Real Estate Transfer: (1) Obtaining land use rights by way of transfer but not meeting the conditions specified in Article 10 of these Provisions; (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.
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You can't buy a house that hasn't been deed. Because to apply for transfer to the real estate transaction management department, you must provide the real estate certificate. 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 handle the transfer.
Second-hand houses without property ownership certificates cannot be transferred.
[Legal basis].
Article 7 of the Administrative Measures for the Sales of Commodity Housing shall meet the following conditions for the sale of commercial housing: (1) The real estate development enterprise for the sale of commercial housing shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise; (2) Obtain the certificate of land use right or the approval document for the use of land; (3) Holding construction project planning permits and construction permits; (4) It has passed the completion acceptance; (5) Demolition and resettlement have been implemented; (6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use, or the construction progress and delivery date have been determined; (7) The property management plan has been implemented.
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I can buy a house that the title deed does not come down.
If you want to **, you can only sign the contract between the buyer and the seller, and the transfer can only be carried out after the real estate certificate is completed. The transaction of real estate is bounded by the transfer of property rights, and the principle of property rights without transfer does not belong to the buyer, so naturally there will be no guarantee, and relatively speaking, the buyer is more risky. The creation, alteration, transfer and extinction of immovable property 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.
[Legal basis].Article 209 of the Civil Code of the People's Republic of China The establishment, 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.
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