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What should I do if the real estate certificate is in hand and the original owner has not given the key?
You have a title deed, so you are the owner of the house. You have the right to ask the original owner to move out of the house and hand over the keys. It is recommended that if the original landlord is unwilling to move out now, you can go to the people's court to sue the other party to move out of the house and compensate you for the losses caused.
The people's court will render a judgment in accordance with the law. If the other party still does not perform the court judgment at that time, you can apply to the people's court for compulsory enforcement to protect your legitimate rights and interests.
If the house has been transferred to the buyer's name, legally speaking, the ownership of the house has been owned by the buyer, and the buyer has the right to require the seller to transfer all the procedures for the purchase of the house and related supporting facilities. House keys are an important part of the house. If the owner does not cooperate, the new owner can change the door lock to achieve the purpose of moving in with full ownership of the house.
If the door lock cannot be replaced, or the original owner must cooperate, if the original owner does not cooperate, you can sue the court and require him to complete all the formalities of the transfer and handover of the house. If the seller's laziness in performing the contract causes losses to the buyer, it can also claim compensation.
If you don't pay for the house, it proves that there is a problem with the contract you signed. Generally speaking, it should be stipulated in the contract that a small amount of the final payment, such as water, electricity, property management fees, etc., should be left in the contract before the original owner settles the house, and it will be transferred to the current owner. The final payment can only be settled after all the things such as the handover of the property (and the agreed items in the house) are completed.
If the delivery time stipulated in the contract expires and you have paid the purchase price as agreed in the contract, you can sue the court to ask the court to clear the house for you (let the seller hand over the house). Don't ask if the mortgage hasn't arrived, because it's the title deed you got and not the bank, proving that you bought the house in full and not the mortgage.
Buying a house is a big deal and can't be easily repaid. The things at home must be sorted out, and ensure that you pay the money in one hand and hold the keys in the other. There is a tenant's house, which is owned by the owner.
You'll have to get the tenant to move out before you can make a deal. And the landlord takes your money and asks you to negotiate with the tenant about moving. Now it is necessary to sue the original landlord, return the payment, or ask the relevant departments to urge the original landlord to clean up the tenant problem.
In short, it's illegal for you to clean up tenants. Because the tenant has nothing to do with you. Although the house is yours now, the tenant rents the original owner's house.
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If you encounter this situation, you can first respond to the property in the community, if the property has no way to solve it, you can call the police, if ** intervenes, the original owner still does not give you the key, you can file a lawsuit with the local people's court.
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If the original owner has not given the key, then you can communicate with the property, you can also communicate with the real estate developer, let them solve the problem in person, you can also let the relevant departments intervene, or you can call the police, or you can send his behavior to the Internet.
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At this time, you can choose to call the police, because the real estate certificate has been obtained, which proves that the house belongs to your own house, and the original owner does not give the key, which has violated the relevant laws and regulations, or you can choose to file a lawsuit with the local court to require it to be enforced.
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If the negotiation fails, sue them for liquidated damages for the delay of several days and deliver the house to you.
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In this case, you can urge the original head of household, and if the communication is not good, you can file a lawsuit.
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In the process of carrying out the second-hand housing transaction, we must negotiate with our householder, and after the contract takes effect, if the other party does not give the key, you can apply for a lawsuit.
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It can be dealt with according to the contract, according to the contract signed by both parties to deal with it, at this time it is recommended that the two parties negotiate to solve, if the negotiation can not be carried out, and the house has been transferred, the landlord still refuses to give the key, you can forcibly change the lock, usually the contract agrees to hand over the keys within three days after the transfer.
What issues need to be paid attention to when handing over the house.
1. Inventory of facilities and equipment, because second-hand houses are generally decorated and used by the original landlord, the decoration and some equipment and facilities are usually given away at the time of delivery, therefore, when the buyer signs the housing sales contract, the brand, fineness and whether the equipment and facilities can be used normally should be clearly written, and the inventory and acceptance shall be carried out in accordance with the contract when handing over the house.
2. For the inventory of water, electricity, gas and natural gas, both parties to the transfer should go to the business outlets of the water company, electricity company, gas company and natural gas company to go through the corresponding transfer procedures, and ask the staff whether the original landlord is in arrears.
3. For the transfer of ownership of cable TV, digital TV, ** and broadband, both parties should go to the business outlets of cable TV companies, telecommunications or Netcom to go through the transfer procedures.
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The head of the household is already you, we have the right to dispose of it, so simply take the house book and find the locksmith to open it, and then change the lock.
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If the other party obstructs the behavior, you can call the police or sue the court to protect your rights.
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Why not hand over the keys? Because you are already the owner of the house, you have the right to pick the lock, just take the locksmith to open the lock.
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You can go to an agent, if there is no agent, you can go to the property, or directly report to the police.
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Summary. Hello dear for your question, oh <>
The house has been transferred and the original owner does not hand over the keys and can sue the court for a lawsuit.
The house has been transferred and the original owner does not hand over the keys.
Hello dear for your question, oh <>
The original owner does not hand over the key source Yintan Key, and he can sue the court for a lawsuit.
The house has been transferred, the original owner Jing Kongheng does not hand over the keys, this situation depends on the problems of both parties, if the loss is because the house payment is not in place, then you should still take the initiative to pay the house to the original homeowner's account, if it is because of its Liang to negotiate other issues, can not reach an agreement, it can only be solved through the way of court litigation.
It can be dealt with according to the contract, according to the agreement signed by both parties, it is recommended that the two parties negotiate to settle, if the negotiation cannot be carried out, and the house has been transferred, the landlord still refuses to give the key, you can forcibly change the lock, usually the contract stipulates that after the transfer of the three mountains God is missing the key to vacate the house.
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Summary. If the other party refuses to perform, it is recommended to file a lawsuit directly in the local court, and the other party is the party in breach of the contract.
The house has been transferred and the original owner does not hand over the keys.
Parsing for you, please wait.
It is recommended that the two parties negotiate to solve the problem if it is not possible to negotiate the slag roll, and the house has been transferred, the landlord still refuses to give the key, and can forcibly change the lock, usually the contract stipulates that the key will be handed over within three days after the transfer.
The hukou has not yet been moved.
And according to the agreement in the contract, there is a wardrobe, but the original landlord removed the wardrobe door.
If the other party refuses to perform, it is recommended to file a lawsuit directly in the local court, and the other party is the party in breach of the contract.
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Some houses have been given keys, but the reasons for the delay in obtaining the title deed are as follows:
1. The developer did not obtain the complete five certificates when selling the house, and the house with incomplete five certificates had better not be bought. Many developers say that the relevant documents are being processed at the time of sale, and if the buyer must buy, he should pay attention to the housing management department to verify whether what the developer said is true. Buyers should pay special attention to whether the building they choose is within the scope of the pre-sale permit;
2. The developer changed the nature of the house and the plan without authorization, and although the developer had obtained the five certificates, he changed the nature of the use of the house without permission. For example, if the housing management department approves a residential building, but the developer sells it as a commercial building, when he goes to apply for the title certificate, of course, he will not be able to apply for the title certificate of the commercial building. In addition, if the developer changes the plan without authorization or builds in violation of regulations, it is also impossible to obtain the housing capital;
3. The developer mortgaged the house to others, and the developer obtained five certificates and has obtained a large property right certificate, but the developer has mortgaged the house to others, and at the same time, the house is ***. If a buyer buys such a home, the risk is even greater;
4. If the housing quality inspection is unqualified, according to the "Regulations on the Quality Management of Construction Projects", the construction project experience can be paid for use only if the construction project experience is qualified. Only if the acceptance is qualified, the developer can deliver the house to the buyer for use. There are quality problems in the new houses built by the developer, and if they can't pass the acceptance of the relevant departments, they don't have the conditions for delivery, they can't hand over the house, and they can't get the house book;
5. The developer is in arrears with various fees and taxes, housing maintenance, etc., which should be paid to the state;
6. Developers are unable to apply for real estate certificates for projects developed on collectively owned land.
Legal basis]:
Article 63 of the Law of the People's Republic of China on the Administration of Urban Real Estate.
Where the people of provinces, autonomous regions, and municipalities directly under the Central Government determine that the local people** at or above the county level are uniformly responsible for real estate management and land management by one department, they may make and issue a unified real estate right certificate, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be respectively included in the real estate right certificate.
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