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The ownership still belongs to the other party, and you only possess it As for the risk-taking, for the purchase and sale of houses in China, if it is not caused by the house itself, the risk is borne by the person who pays it, and the actual person who pays it, that is, you bear it This is the ownership chapter in the general principles of the civil law and the interpretation of the general principles of the civil law, and the contract law has provisions.
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Property Law Article 6 The establishment, alteration, transfer and extinction of immovable property rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.
Article 15 Unless otherwise provided by law or otherwise agreed in the contract, a contract concluded between the parties concerning the creation, modification, transfer and extinction of immovable property 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.
Article 16 The immovable property register is the basis for the ownership and content of real rights. The immovable property register is managed by the registration authority.
After you sign the contract, the contract is valid, but the property is still owned by the seller.
At the same time, Article 20 of the Property Law establishes a notice registration system for houses or other immovable properties to ensure the realization of real rights in the future. According to the agreement, an application for advance notice registration may be made to the registration authority. After the advance notice is registered, if the immovable property is disposed of without your consent, the real right shall not be effective.
However, the advance notice registration is also time-barred: after the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within three months from the date on which the immovable property can be registered, the advance notice registration will become invalid.
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Legally belonging to the other party, you can check the provisions of the property law on immovable property, subject to registration, as long as the property right registered on the real estate certificate is whoever it is. The risk is relatively large, if he sells the house to another person, and then registers the transfer, the house will only be someone else's, at that time you can only hold the seller responsible, but if you don't come back to the house, if the house price rises and so on, this often happens. I advise you to request a change of registration as soon as possible, and only after registering the house will you be sure that it is undoubtedly yours.
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You should pay a deposit, pay the balance after the closing, and sign a contract is required, good luck!
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Legal analysis: 1. Information of both parties, 2. Content of the agreement, 3. Signature, 4. Date.
Legal basis: Civil Code of the People's Republic of China
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