Can I move out without a title certificate after three years of buying a house, and how should I han

If you buy a house for three years, you can check out without a title certificate. According to the provisions of the Civil Code, the ownership of the house is subject to registration, and the house without the property ownership certificate cannot be registered. According to the laws of the People's Republic of China, if the buyer is unable to register the immovable property due to reasons attributable to the seller more than one year after the expiration of the time limit for the registration of immovable property, the buyer's request for rescission of the contract and compensation for losses shall be supported.

Legal basis: Article 15 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 15 If the time limit for handling the registration of immovable property as stipulated in the contract for the sale and purchase of commercial housing or Article 32 of the Regulations on the Administration of Urban Real Estate Development and Operation provides for more than one year after the expiration of the time limit for the registration of immovable property due to reasons attributable to the seller, the buyer's request for rescission of the contract and compensation for losses shall be supported.

If you buy a house for three years, you can check out without a title certificate. According to the provisions of the Civil Code, the ownership of a house is subject to registration, and a house without a real estate certificate cannot be registered. According to the laws of China, if the real estate registration period is more than one year over, and the buyer is unable to complete the real estate registration due to the seller's reasons, and the buyer requests to terminate the contract and compensate for losses, it shall be supported.

Article 209 of the Civil Code stipulates that the creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

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.

If the developer fails to obtain the property right certificate of the house within the time agreed in the purchase contract, the buyer can move out; (7) The error of the house area is more than 3%.

Legal analysis: If you don't get the real estate certificate, 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.

Legal basis: 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 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 housing ownership 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.

The Civil Code stipulates that the ownership of a house is subject to registration, and a house without a property ownership certificate cannot be registered. If you do not know that the house does not have a real estate certificate and buy it, you can apply to the court to revoke the house sale contract and request a refund after three years.

Legal basis

Article 143 of the Civil Code of the People's Republic of China provides that civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 146 of the Civil Code of the People's Republic of China provides that civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 148 of the Civil Code of the People's Republic of China provides that if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

Article 188 of the Civil Code of the People's Republic of China stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions.