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It is estimated that the whole community does not have a real estate certificate, because this community is a resettlement community, and it takes a while for a resettlement house to handle a real estate certificate. In short, you should think twice about buying a house that still has a real estate certificate for the time being.
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You can't buy or sell without a title deed. According to the relevant provisions of the Urban Real Estate Management Law, real estate that has not been registered and received a certificate of ownership in accordance with the law shall not be transferred.
Moreover, according to Article 37 of the Detailed Rules for the Implementation of the Provisional Regulations on the Registration of Immovable Property, those who apply for the registration of the right to use state-owned construction land and the change of ownership of houses shall submit the following materials according to different circumstances:
1) Certificate of ownership of immovable property;
2) The materials that have been changed;
3) The approval documents of the people** or the competent department that have the right to approve;
D) the State-owned construction land use right transfer contract or supplementary agreement;
5) State-owned construction land use right transfer price, taxes and other payment vouchers;
6) Other necessary materials.
In other words, without a certificate of ownership of the real estate, the house cannot be transferred.
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Look at what is the reason for not having a real estate certificate, if it has just been handed over for a long time, the development procedures are complete, and the real estate certificate is only because the time has not yet arrived, it can be bought and sold; If it is a small property right house, or the development procedures of commercial housing are incomplete, then do not buy or sell.
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Such a house cannot be legally bought or sold, and if it is bought, it is not protected by law.
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No. It is not possible to buy or sell a house without a title deed. The real estate certificate is the proof of ownership of the house, and the house without the real estate certificate has the obstacle of no property right certificate, and its sale is disposed of without the right to dispose of it, and it cannot be registered and transferred according to law.
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Community houses without real estate certificates can be bought and sold, but they cannot be transferred, and no change in property rights can take effect. The real estate certificate is a certificate of ownership, and there is an obstacle that there is no property right certificate for a house without a real estate certificate, and there is no right to dispose of a house without ownership when buying and selling, and it is not possible to register for the ownership certificate and go through the household registration procedures in accordance with the law.
Article 38 of the Law on the Administration of Urban Real Estate.
The following real estate is not transferable:
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 the judicial organs and the administrative organs of Yuanye have ruled or decided to seal up Sun Liang or otherwise restrict the rights of real estate 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 the transfer is prohibited by laws, regulations, and regulations.
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There is no house without a house without a license or a house with unclear property rights can not be traded according to national regulations, but in reality, because the house price of this kind of house is relatively cheaper, there are also people who are greedy for cheap entry into the market, the most typical is the small property right house, knowing that there is no wisdom to touch the service certificate, will also buy, but the risk is indeed very large. Part of it is due to the fact that the original demolition house is a collective property, such as an urban village, in order to unify the arrangement and standardize the operation, there is a whole building, although each villager moves, but the owner quarrels that only one is the village committee, then whether it is issued or not, it cannot be traded!
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You can't sell your house without the title deed.
Under normal circumstances, the real estate certificate is in hand, and the date on the real estate certificate can only be listed and traded after two years, but Dongsen is during this period, you can also hang an intermediary, but for the time being, do not trade during the full year, the purpose is to understand the market **** and so on.
The following situations exist for houses without real estate certificates: real estate projects that have not been approved or changed without permission, houses developed with collectively owned land, that is, houses with small property rights, real estate without planning approval, and real estate that have changed their planning without permission.
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1. Can I buy and sell without a real estate certificate?
1. You can't buy or sell without a real estate certificate. Houses without property rights certificates are restricted from the right to use, cannot be transferred, cannot go through registration procedures, are not allowed to be sold in public transactions by law, and cannot be mortgaged, inherited, or gifted, and houses without property ownership certificates are not protected by law.
2. Legal basis: Article 38 of the Law of the People's Republic of China on the Management of Urban Real Estate.
The following real estate is not transferable:
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) 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.
2. What is the process of applying for a real estate certificate?
1. Initial registration, the initial registration of the developer is a necessary prerequisite for the process of applying for the real estate certificate;
2. Fill in the application form, which needs to be signed and stamped by the developer after the application form is filled;
3. Take the survey chart, which is an important basis for the registration department to determine the area marked on the real estate certificate;
4. To receive relevant documents, when asking the relevant departments in advance, it is necessary to clarify what necessary application documents need to be obtained, which are complete at one time;
5. Pay public maintenance funds and deed taxes, which are collected by the community office in the area where the property is located, and some cities have begun to collect public maintenance by banks, and the payment method can be asked by the developer's staff;
6. Collect the real estate certificate according to the specified time.
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Summary. Legal basis: Article 209 of the Civil Code of the People's Republic of China 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. Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property.
The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
Hello dear, happy to answer your <>
Can I sell my small house without a real estate certificate?
Legal Analysis: Don't be hungry for sale. According to the law, real estate without a title 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 (also known as "transfer"), and the real estate without the property right certificate cannot be transferred by key return, and the state does not protect the real estate transaction that does not go into the house.
Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it will take effect if it is not issued, unless otherwise provided by law. Natural resources that belong to the state in accordance with the law can be owned by Sun Yan without registration.
Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be prescribed by laws and administrative regulations.
Please ask the lawyer, buy this house Tan Ziwu let or have yesterday's certificate is mine, because I want to do business, I have to go to the real estate company to write a lease contract to get the certificate, there is a sign of what law can prove that I bought it, let me take it to get the certificate.
Kiss The sale and purchase agreement signed at the time of the purchase of the house.
There are only hand notes. Kiss and handwrite.
Excuse me, lawyer, is it useful to have only a handwritten note?
If there is no other evidence, only a handwritten note or a certifier is also possible.
Okay, thanks lawyer.
I am asking a lawyer if I can take this handbook to get a license.
If it is a new house that cannot be directly received in the property rights office, you need to buy a house with Zheng Tong and a receipt for the purchase of the house, and the owner's ID card pays various taxes and fees at the property right office, and the process is completed to receive the property right certificate.
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Summary. Hello dear, happy to answer your <>If your home doesn't have a title deed, then you can't sell it directly to someone else.
Because the title deed is a legal document of ownership of the home, you cannot prove your ownership of the house without the title deed. There are a few ways you can go about this. For example, you can go to the housing authority to apply for a house title certificate, so that you can prove your ownership of the house, and then proceed with **.
If your small house is in the countryside or a self-built house, you can consider applying for a rural land contracting and operation certificate or a building permit for a self-built house, which can also prove your legitimacy of the house, so as to carry out **. <>
Hello dear, happy to answer your <>If your home doesn't have a title deed, then you can't sell it directly to someone else. Because the title deed is a legal document of ownership of the house, you cannot prove your ownership of the house without the title deed.
There are a few ways you can go about this. For example, you can go to the housing authority to apply for a house ownership certificate first, so that you can prove your ownership of the house, and then proceed. If your small house is in the countryside or the buried rock is a self-built house, you can consider applying for a rural land contracting and management certificate or a building permit for a self-built house, which can also prove your legitimacy of the house, so as to carry out **.
Legal basis: According to the provisions of China's Property Law, the house ownership certificate is a legal document to prove the ownership of the house, but it is not the only way to prove it. If you don't have a title deed, but you can sell your house by providing other supporting documents to prove your ownership of the property, such as land certificates, construction project planning permits, house sales contracts, etc.
It is important to note that if you are unable to provide any supporting documents to prove your ownership of the property, then the property cannot be legalized. <>
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