If the house is completed and the buyer does not settle the final payment, whose house is the house

If the house is completed and the final payment is not paid off, then the house is considered to be the buyer's, because it has been transferred, and the house has been legally owned by the buyer.

Once the transfer is completed, the house legally belongs to the buyer. As for him, he still has the balance to pay. Then it means that he still owes you money. This is a creditor-debtor relationship.

The other party does not end the payment, and the house belongs to the seller. The house has been transferred, the buyer's balance has not been paid, the other party is not in a hurry to handle this matter, in this case, you should communicate with the buyer. First of all, both parties will sign a contract when buying and selling the house, which will stipulate the time for the payment of the final payment, if the buyer fails to pay the final payment after the expiration date, the seller can propose to terminate the contract and then transfer the house back.

You can also protect your legitimate rights and interests through legal means, go to the court to sue, and ask the other party to repay the liquidated damages and pay the final payment.

Selling a house and buying a house are both important matters, and when buying and selling a house, it is necessary to draft a contract, which is best checked by a professional lawyer and signed by both parties to the house. In this contract, it should be stated how long the balance is to be settled, and if the buyer does not pay the balance after this period. The seller must find the buyer to repay the balance payment in time, and if the buyer refuses to pay the balance payment, the seller has the right to return the house.

Because the party who bought the house breached the contract in advance and did not pay the seller's price as agreed in the contract.

If the buyer encounters difficulties in life, such as a family member who is sick and has no money to pay the final payment of the house, such as a failed business and owes a lot of foreign debts, so there is no money to pay the final payment of the house. If all of the above situations are understandable, it can be based on the other party's situation, such as deferring the payment of the final payment, or asking the buyer to pay the final payment in installments. Whatever the case, the buyer should fulfill his promise to pay the balance of the house at the agreed time.

If the final payment has not been paid after the due date, the homeowner can directly negotiate with the buyer, and can notify the buyer to let him pay the final payment of the house within a time limit. If the other party refuses to pay the final payment, you can go to the court to file a lawsuit and require the buyer to pay the final payment, and if the seller refuses to cooperate, you should apply to the court for enforcement. When buying a house, you must fully consider whether you can afford to pay for the house.

Buying a house is a big deal, don't hurt each other's harmony because of this incident.

Now whose name is written on this house, it is whose name is it, and it has been transferred, so the property rights are still relatively clear.

Whoever transfers the title to is his. As long as the transfer is the other party's, it is also legally recognized.

The house is now yours, and if the buyer doesn't give you the money, you can choose to sue him directly and ask him to enforce it.

1. When the buyer signs the contract, the contract must clearly stipulate the conditions and time for payment, and if there is a breach of contract, it is the buyer's responsibility, and it is also necessary to compensate the landlord for the loss. The time and amount of compensation should be clearly stated, so as to ensure that the balance can be collected on time.

2. When buying and selling, generally speaking, the buyer will pay a certain down payment first, and the time of the down payment also needs to be clearly indicated, after the down payment arrives, we can go through the transfer procedures in accordance with the contract, and the buyer can be required to pay a certain deposit or commission. If the buyer does not buy the house, this deposit is non-refundable and will have to be doubled.

3. Some buyers take out bank loans when buying second-hand houses. If the bank confirms that the property has been closed, it will automatically credit the balance to your account, which is beyond the buyer's control. As a third-party platform, the bank can guarantee the rights and interests of both parties, that is to say, if you buy a second-hand house, you generally have to take the bank loan route or find a third party, such as an intermediary company, which also protects the interests of both parties.

Legal basis

Article 596 of the Civil Code.

The content of the sales contract generally includes the name, quantity, quality, price, performance period, place and method of performance, packaging method, inspection standard and method, settlement method, text used in the contract and its effect.

Article 628 of the Civil Code.

The buyer shall pay the price at the agreed time. If there is no agreement on the time of payment or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the buyer shall pay at the same time as receiving the subject matter or extracting the documents of the subject matter.

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It is not easy to buy a new house or a second-hand house, for example, buying a second-hand house is not only to understand the history of the house, but also to examine its property rights. There are also dangers for those who sell their homes, such as those who wait for the closing of the house to be closed and do not pay the final payment. So what should you do when you encounter this kind of problem?

1. What should I do if the buyer does not pay the balance after the transfer of the second-hand house.

First of all, negotiate with the buyer, in accordance with the provisions of the contract, require the buyer to pay the balance immediately and compensate for the loss. If the buyer still refuses to pay, he can file a lawsuit with the people's court, and at the same time, he can also apply for property preservation, freeze the other party's property, and wait for the court to make a judgment or enforce it.

2. Prevent disputes over second-hand property rights.

1. Check the property right certificate first.

To buy a second-hand house, you must first check whether the house has a legal real estate certificate, and check that there is no problem with its property rights before you can handle the property rights transaction, and at the same time, you should also consider whether there are any restrictive contents. Buying a second-hand house does not have to go through an intermediary company, you can go to the local real estate trading center to handle it. Secondly, it should also be clear whether there is a tenant in the second-hand house, because under the same conditions, the tenant has the right of first refusal, so it is necessary to obtain a written certificate from the tenant not to buy the house before purchasing, or wait for the end of the lease before buying a house.

2. The second-hand house value survey is carried out in three steps.

1) The seller must provide other documents such as property ownership certificate, real estate certificate, identity certificate, etc.;

2) Verify the property rights of the purchased houses with the local real estate management center, as well as the property rights transaction records. These include the homeowner, transaction price, registration date, etc.;

3) Check whether the house has a mortgage and encumbrance, such as whether it has been seized by the court. Secondly, there are property rights disputes, such as joint property rights and unclear property rights, so even if the house is perfect, if there is a problem with the property rights, it cannot be purchased.

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Summary. Hello dear, glad to answer for you. If the balance is not paid, it is best not to transfer.

In the course of the sale transaction, if the buyer fails to pay the balance to the seller, and the buyer who pays in installments fails to pay one-fifth of the total price, the seller may require the buyer to pay the full price or terminate the contract. Depending on the contract, it is best for the other party to handle the transfer at the same time as paying the payment, otherwise the risk is very high. Legal basis

Article 634 of the Civil Code of the People's Republic of China Where the amount of the due price is not paid by the buyer who pays in installments reaches one-fifth of the total price, and fails to pay the due price within a reasonable period of time after being reminded, the seller may request the buyer to pay the full price or terminate the contract. If the seller terminates the contract, it may request payment of royalties for the subject matter from the buyer. <>

Can I transfer the title if the balance is not paid?

Hello dear, glad to answer for you. If the balance is not paid, it is best not to transfer. In the course of the sale transaction, if the buyer fails to pay the balance to the seller, and the buyer who pays in installments fails to pay one-fifth of the total price, the seller may require the buyer to pay the full price or terminate the contract.

Depending on the contract, it is best for the other party to pay off the money and bury the oak for the transfer, otherwise the risk is very high. Legal basis: Article 634 of the Civil Code of the People's Republic of China If the amount of the unpaid price due reaches one-fifth of the total price, and the buyer fails to pay the due price within a reasonable period of time after being reminded, the seller may request the buyer to pay the full price or terminate the contract.

If the seller terminates the contract, it may request payment of royalties for the subject matter from the buyer. <>

I don't understand that I can't pay off my mortgage, and people who want to buy a house don't have any money, and they want to pay off the mortgage, so can I transfer the mortgage?

Can I change my mortgage?

Can the mortgage of the Agricultural Bank of China be processed?

No matter what kind of transaction you are talking about, whether it is a name change, a transaction, or a gift, it can only be handled after the mortgage is paid off. If the housing authority will not accept the application before the mortgage is paid off, the transfer and name change procedures must be repaid in advance. The reason is simple, because until your loan is paid off, the title to your property is not your own, but you and the bank you owe money to.

So if you want to transfer the title you have to get the bank's consent, you owe money to the bank, do you think the bank will agree to you hand over the property to Bepin? Only when you pay off the remaining loan property in advance is your own, it is at your command. You need to pay off the money from the bank, and then go to the property rights registration department of the district where the house is located to cancel the bank's other rights with the loan settlement certificate issued by the bank, and then the house can be taken out and traded freely.

If you are in an emergency and have no money to repay the bank for the time being, but you have to sell the house, you can put the house on the second-hand housing company, find the right buyer, you negotiate the ** and transfer costs, and the buyer will help you pay off the bank loan first, and then the loss Liangchun house can be traded freely, and the buyer will pay you the rest of the money.

No, you can't remortgage.

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The most important thing to buy a house is to transfer the ownership, without the transfer, even if the house is bought, it does not belong to you from a legal perspective, only the transfer of ownership, the house is yours. However, there are also people who are because the house has been transferred, but the house payment has not been fully recovered, which is also a worrying and troublesome question to ruin the knowledge bureau, what should I do if the final payment has not arrived? Next, I will introduce to you what to do if you sell the house and do not receive the balance payment?

What should I do if I don't receive the balance of the house and the balance has been transferred.

1. If the owner has sold the house, received part of the payment and transferred it to the buyer, and signed a contract agreement, but the balance of the payment has not arrived, then the buyer can be asked for liquidated damages, which refers to the agreement between the parties to the contract in the contract, if the contract debtor does not properly perform or does not perform the contractual obligations, the buyer can pay liquidated damages to the other buyer according to the contract agreement.

2. If the damage to the owner is caused by the sale of the house and the transfer of ownership without receiving the final payment, then the corresponding damages need to be compensated, and the damages mainly refer to the property losses caused to the other party by one party to the contract, if the breach of contract causes property losses to the other party, then the breaching party needs to make economic compensation to the other party.

3. If the buyer does not keep his promise, then the owner can continue to perform the contract, and the court or arbitration authority will make a judgment requiring the buyer to strictly follow the judgment of the court or the special performance order issued by the arbitration authority, and force the debtor to perform the contract debts within the time limit specified in the judgment, which is also executed in accordance with the contract signed by both parties.

Conclusion: The above content is about the introduction of the relevant internal fiber concession that has not received the balance of the house sold, I hope it can help you. I believe that after passing the above content, you will have a better understanding of the problem of not receiving the balance payment for the sale of the house, and if you encounter this kind of dispute in the future, you can refer to the content introduced above to help you.

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Legal analysis: If it is due to the debt of the bank mortgage, it is impossible to rejuvenate normally. If it is water, electricity and gas, the property is in arrears, it can be transferred, because the purchase of a house is to leave the final payment, you can pay in advance, and the voucher will be deducted from the final payment when the time comes.

Legal Evidence: Article 10 of the Civil Code of the People's Republic of China The handling of civil disputes shall be in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs.

Summary. After the transfer of ownership of the purchased house, the buyer did not pay the balance and sued the other party for breach of contract.

After the transfer of ownership of the purchased house, the buyer did not pay the balance and sued the other party for breach of contract.

Investigate the liability of the other party for breach of contract according to the contract.

Article 577 of the Civil Code of the People's Republic of China provides that 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 on a positive basis, taking remedial measures or compensating for losses.