If I can t get a real estate certificate, can I check out?

This is possible to check out, but the process of applying for a property title certificate for off-plan properties is a long process, which generally takes three to five years, and it is more troublesome to check out.

If you can't get a real estate certificate, of course you can check out;

Therefore, it is recommended that the rights and obligations of both parties in the purchase contract should be clear;

If Party A is responsible, how to compensate, if Party B is unable to pay the house payment on time, how to compensate;

If there is a stipulation when signing the purchase contract, you can check out if you cannot get the real estate certificate due to the developer's reasons.

If it is caused by the developer, you can ask to move out, because this is the developer's failure to perform in accordance with the contract, which is a breach of contract by the developer, and you can naturally ask to check out, and if you suffer losses as a result, you can also claim compensation.

If it is the property developer's fault, it should be possible to move out through negotiation or litigation.

If you can't get a real estate certificate, you can't check out, and if you can't get a real estate certificate, you can't check out.

Then it depends on the actual situation and how to deal with the actual situation.

After the real estate certificate is completed, the ownership of the Xian Sui house has been transferred, unless there is an agreement in the contract, the buyer can not move out under normal circumstances. 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.

If the buyer wants to move out, the buyer and the seller terminate the contract, cancel the contract or declare the contract invalid and move out through agreement, judgment or arbitration, and follow the following procedures: (1) The buyer issues a notice to move out. If the buyer requests to move out, he can submit it to the developer by letter, fax or form; (2) Complete all kinds of formalities.

The developer shall refund all the housing payments made by the buyer, and shall be responsible for all the procedures for the cancellation or termination of the contract between the buyer and the lending bank; (3) The developer refunds the house payment. The developer shall quietly return the full purchase price to the purchaser after the purchaser sends a notice to vacate the property, and complete the repayment procedures to the provident fund management agency or the lending bank.

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 Commodity Housing Article 18 If the buyer fails to obtain the certificate of ownership of the house 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: (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 completed, 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, 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.

Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation, if the time limit for handling the registration of house ownership exceeds one year after the expiration of the seller, and the buyer is unable to handle the registration of house ownership due to reasons attributable to the seller, the buyer's request to terminate the contract and compensate for losses shall be supported.

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.

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.

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.

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.