If you can t get the real estate certificate for a long time, you can ask to check out

To apply for a real estate certificate (real estate registration certificate, the slowest is generally six months). In the case of a house transaction, the law does not clearly stipulate that if the title deed cannot be obtained, you can ask to move out. This can be agreed upon by both parties through negotiation, and the maximum is half a year (six months).

1. In accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation, that is, "the purchaser of the pre-sold commercial housing shall go through the procedures for changing the land use right and registering the ownership of the house within 90 days from the date of delivery of the commercial housing." The purchaser of the commercial housing for sale shall, within 90 days from the date of signing the sales contract, go through the formalities for the change of land use right and the registration of the ownership of the house, and the real estate development enterprise shall assist the purchaser of the commercial house to go through the formalities for the change of the land use right and the registration of the ownership of the house, and provide the necessary supporting documents. ”

2. In the absence of an agreement, if the developer delays the application of the title certificate for more than 90 days, the owner can fully pursue the developer's liability for breach of contract, that is, the liquidated damages for overdue property rights, and if the contract does not stipulate the standard of overdue liquidated damages, it can be calculated according to the total amount of the purchase price paid, with reference to the standard for financial institutions to charge overdue loan interest stipulated by the People's Bank of China. According to the relevant judicial interpretations, if the buyer is unable to register the ownership of the house due to reasons attributable to the seller more than one year after the expiration of the time limit for the registration of house ownership stipulated in the contract for the sale and purchase of commercial housing, the buyer's request for termination of the contract and compensation for losses shall be supported.

No matter how long the real estate certificate has not been done, you can not ask to check out, unless there is a quality problem in the house, and you cannot provide a valid qualified acceptance report, so that the real estate certificate cannot be done, you can ask to check out according to the performance of the purchase contract.

Generally speaking, if the real estate certificate cannot be obtained for more than three months, you can ask to check out.

There is no regulation on this, that is to say, when you buy a house, you can negotiate with the intermediary, you can buy a house, or the developer's house, this is no standard, for example, it is definitely impossible to return it to you now, because the current ** is decreasing, if the current house price has been **, at this time may be willing to let you go back.

What the title deed can't do is how to apply to move out, without having to find a developer, let them manage the house, give you advice if you can cancel your previous purchase contract. If you have registered, you cannot check out, you must pay the house payment, apply for your name, real estate certificate, deed tax certificate, land certificate, and transfer it to others in the first way when the house is transferred. You have to pay the transfer tax.

What should I do if I can't get a title deed? Can I ask you to give me back the house? I need you to find the developer and ask them to go to the Housing Department to ask you if you can replace your previous purchase contract.

If the house has already been delivered, then you will not be able to check out, you will have to pay the room price, fill in the house ownership deed, deed tax certificate and founding certificate in your name, and transfer the house to someone else in the form of a sale. You have to pay taxes.

How can the real estate certificate not be issued? Aren't they regular developers? this house.

Didn't get permission to build? Logically. This title deed will give her a few months at most!

If it can't be done in two or three months, then it's not that they are illegal rooms, everyone can go and ask to check out.

What should I do if I can't receive my title deed? Can I ask you to give me back the house? I want you to find the developer and have them go to the Housing Authority to ask if you can replace your previous purchase agreement.

If it has already been filed, you cannot check out, you must pay the room price, fill out the title deed, death tax certificate and land deed, and transfer the house to someone else in the form of a sale. You have to pay the transfer tax.

If the real estate office can't ask for the delivery, you have to ask the developer to ask the housing management to ask if you can cancel the previous purchase contract. If you are already registered, you cannot check in, you have to pay for the apartment, complete your real estate documents, vouchers, land deeds, and provide services to others in the sale and purchase of houses. For this, taxes and duties must be paid.

According to the contract for the sale of commercial housing.

Generally, it is 3 months after the delivery of the commercial house.

Article 34 of the Administrative Measures for the Sales of Commodity Housing.

The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required by it to handle the registration of housing ownership to the real estate administrative department where the housing is located.

Once the real estate certificate is done, you can't ask to check out!

But you're ready to go public and trade!

There are no clear regulations. After the expiration date, you will immediately urge you. If it does not work three months after the reminder, the lawsuit will be filed.

What if I can't get my real estate certificate? Can I ask you to give me back the house? I need you to find the landlord and ask him to go to the property management department to ask if you can replace your previous purchase contract.

If it's already stored, then you can't control the house. You must pay for the property, fill in the house ownership deed, deed tax deed and land deed in your name, and transfer the house to someone else in the form of a sale. You will have to pay the transfer fee.

If the real estate certificate cannot be issued, you cannot ask for a refund because the contract has already been signed.

What should I do if I can't get a title deed? Can I request to check out? Find the developer and ask them to go to the housing management to ask if you can replace your previous purchase contract.

If it has already been submitted and you cannot check out, you will have to pay the room rate and fill out the title title, appraisal certificate and foundation certificate in your name and transfer the house to someone else in the form of **. You have to pay taxes.

Legal analysis: After the real estate certificate is completed, the ownership of the house has been transferred, and the buyer cannot move out under normal circumstances unless there is an agreement in the contract.

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

Article 552:The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the conditions under which one party may terminate the contract. If the conditions for rescission are fulfilled, the person with the right to terminate the contract may terminate the contract.

Article 565:Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice. If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination.

If one of the parties directly claims to terminate the contract by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.

2.If it is because the relevant information and identity certificate required by the housing registration and issuing authority are not provided at the time of processing, the relevant information shall be submitted in time.

3.If it is due to the developer's reasons, a civil lawsuit can be filed to require the developer to fulfill the contractual obligations and apply for the real estate certificate. Or the buyer can request to cancel the contract and move out on the grounds that the developer does not apply for the real estate certificate.

Legal basis

Article 63 of the Law on the Administration of Urban Real Estate Management and Bench Leasing shall be determined by the people of the province, autonomous region and municipality directly under the Central Government, and the local people at or above the county level shall be responsible for the management of real estate and land management by a unified department, and a unified certificate of real estate rights may be made and issued, and the ownership of the house and the confirmation and change of the right to use the land within the scope occupied by the house shall be included in the certificate of real estate rights in accordance with the provisions of Article 61 of this Law.

Summary. You can request to check out and request compensation for the damages. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Dispute Cases:

The contract for the sale and purchase of commercial housing or the Regulations on the Administration of Urban Real Estate Development and Operation stipulate that the purchaser of pre-sold commercial housing shall go through the formalities of changing the land use right and registering the ownership of the house within 90 days from the date of delivery of the commercial housing; Within 90 days from the date of signing the sales contract, the purchaser of the existing commercial housing shall go through the formalities of changing the land use right and registering the ownership of the house. If the real estate development enterprise shall assist the purchaser of the commercial housing in handling the formalities for the change of land use right and the registration of the ownership of the house, and provide the necessary supporting documents, if the time limit for the registration of the ownership of the house exceeds one year after the expiration of the time limit for the registration of the ownership of the house, and the buyer is unable to register the ownership of the house due to reasons attributable to the seller, the buyer's request to terminate the contract and compensate for the losses shall be supported.

If I can't get the real estate certificate, can I check out smoothly?

OK. You can request to check out, regret your mistake and ask for compensation for the damages. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Dispute Cases:

The contract for the sale and purchase of commercial housing or the Regulations on the Administration of Urban Real Estate Development and Operation stipulate that the purchaser of pre-sold commercial housing shall go through the formalities of changing the land use right and registering the ownership of the house within 90 days from the date of delivery of the commercial housing; Within 90 days from the date of signing the sales contract, the purchaser of the existing commercial housing shall go through the formalities of changing the land use right and registering the ownership of the house. If the buyer is unable to register the ownership of the house due to reasons attributable to the seller, the buyer's request for termination of the contract and compensation for losses shall be supported.

Go to court to sue.

Yes, kiss.

What are the odds of success?

Generally no problem.

If I can't get the real estate certificate, can I check out smoothly?

If the contract for the sale and purchase of commercial housing or Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation stipulates that the period has exceeded by one year, the developer may be required to move out. Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts provides that if the buyer fails to obtain the housing ownership certificate 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.

Can a house that can't get a real estate certificate ask to move out?If you can't get a real estate deed, you can ask to move out. The buyer can ask the developer to bear the liability for breach of contract, because the developer can not get the real estate certificate can claim to move out, and the buyer who cannot reach an agreement through negotiation between the two parties can sue in accordance with the law and apply to the people's court where the house is located to file a case.

The legal basis for the house that can't do it and bury the property certificate can ask to move outArticle 34 of the Administrative Measures for the Sales of Commodity Housing.

Real estate development enterprises shall, before the delivery of commercial housing, entrust units with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project, and the surveying and mapping results shall be submitted to the real estate administrative department for examination and approval for housing ownership registration. The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information for the registration of housing ownership provided by it to the real estate administrative department where the housing is located. Real estate development enterprises shall assist the buyers of commercial housing in handling the formalities for the change of land use rights and the registration of house ownership.

Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

After the real estate certificate is completed, it is generally not possible to check out, but in the following circumstances, you can check out: after the house is delivered for use, the quality of the main structure of the house is verified to be unqualified; or the buyer's normal residence and use of the house are seriously affected due to the quality of the house.

Article 9 of the Interpretation 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 9 Where the main structure of the house cannot be delivered for use because the quality of the main structure of the house is unqualified, or the quality of the main structure of the house is verified to be unsatisfactory after the house is delivered for use, the buyer's request for rescission of the contract and compensation for losses shall be supported. Article 10 of the Interpretation 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 10 Where the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it shall be supported. If the quality of the house is caused by the delivery and use of the slippery and wide house, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so.

The seller shall bear the cost of repair and other losses caused during the repair period. Article 11 of the Interpretation 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 According to Article 563 of the Civil Code, if the seller of round socks delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.