Can I check out if I buy a house without obtaining a real estate certificate?

Generally, the registration of immovable property shall be carried out in accordance with the agreement between the two parties.

If the subject matter of the commercial housing sales contract is the house that has not yet been completed, it shall be handled within 90 days from the date of delivery of the house, and if the subject matter of the commercial housing sales contract is the completed house, it shall be handled within 90 days from the date of the conclusion of the contract.

Legal basis. Article 14 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 14 Due to reasons attributable to the seller, the buyer fails to obtain the certificate of ownership of the immovable property at the expiration of the following time limits.

Unless otherwise agreed by the parties, the seller shall be liable for breach of contract.

1) the time limit for the registration of immovable property as agreed in the contract for the sale and purchase of commercial housing;

2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built, it shall be 90 days from the date of delivery of the house;

3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.

If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, the total amount of the purchase price paid may be referred to the People's Bank of China.

Calculation of the standard for financial institutions to charge interest on overdue loans.

If you can't get a property certificate, you can return it due to the developer.

If you haven't applied for a property certificate yet, but everything is in the contract, it means that you have breached the contract, refund, and there are a lot of liquidated damages.

The newly bought house has not yet been deed, unless it is agreed in the purchase contract, it is generally not allowed to move out.

The ownership of the house becomes effective after the completion of the ownership transfer procedures, that is, the ownership of the house is obtained after the ownership is registered.

After the title deed is processed, the ownership of the house has been transferred, and the buyer cannot move out unless it is agreed in the contract.

If the seller has completed the real estate certificate for the buyer, but the seller advances money, and the contract stipulates that if the buyer refuses to perform the payment obligation as agreed, the seller can terminate the contract and require the buyer to move out and bear the corresponding losses.

In this case, both parties need to go to the real estate issuing authority to go through the procedures for the transfer or cancellation of the real estate certificate.

You can't return it, and the country has recognized the house as yours when you signed the contract when you bought it.

There is no certificate only a formality problem.

If the certificate is not issued on time, you can claim compensation for damages.

But... There is no national standard for this. It is impossible to determine how much you should be compensated.

In addition, the certificate was not issued on time n many reasons Many of them are inefficient departments and fight each other. . . It is even more difficult to find the first department to compensate. Therefore, most of the companies that do not issue certificates on time are small companies with no background.

This is the same as a train delay, all too common. Like our small city, it is a miracle to be able to get a certificate on time.

Legal analysis: If the time limit has been exceeded by one year according to the provisions of the commercial housing sales contract or Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation, the developer may be required to check 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 Article 18 If the buyer fails to obtain the housing ownership certificate within the following time limits due to the seller's reasons, the seller shall bear the liability for breach of contract unless the parties have special agreements.

Legal basis: Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation Article 33 If the deadline has been exceeded by one year, the developer may be required to move out.

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》 Article 18 If the buyer fails to obtain the housing ownership certificate at the expiration of 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.

If you don't get the real estate deed, you have to look at whose reason you can determine whether you can check out. Under normal circumstances, if the buyer does not get the real estate certificate due to his own reasons, he can move out after negotiation and agree. If the buyer is unable to register the ownership of the house due to reasons attributable to the seller, and the time limit for registration of the ownership of the house exceeds one year after the expiration of the time limit, and the buyer requests the court to make a judgment to terminate the contract and compensate for losses, the court shall support it.

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 Contracts for the Sale and Purchase of Commercial Housing Article 18 If the buyer fails to obtain the certificate of ownership of the house as soon as possible after the expiration of the following time limits, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: (1) the time limit for the registration of the ownership of the house as agreed in the contract for the sale and purchase of commercial housing; 2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built, it shall be 90 days from the date of delivery of the house; (3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract. If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.