The transfer of the house is completed, but the buyer does not pay the final payment, whose house is

It is relatively rare to sell a second-hand house, and the buyer refuses not to pay the final money after the house is finished. From the transfer of real estate first, to pay the end of the gold tendon, it should be a housing loan acquisition transaction. Then, the timely payment of the other party may not be a subjective reason.

I'm afraid there are no loans yet. Or the loan may have been delayed.

Legally, the real estate has been transferred and its ownership belongs to the buyer. The owner has no right to deal with the house until the contract dispute is resolved. But, don't worry.

Even if the buyer files a lawsuit, the court cannot force the house to vacate. Since the buyer did not perform its contractual obligations, the rights to the subject matter of the contract were still in dispute.

According to Article 94 of the Contract Law, the parties may terminate the contract under any of the following circumstances.

1) The purpose of the contract cannot be achieved due to force majeure.

2) Before the expiration of the performance period, one of the parties expressly expresses or by its own conduct that it will not perform the main obligation;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) The purpose of the contract cannot be achieved due to the delay in the performance of debts or other breach of contract by one of the parties;

5) Other circumstances provided for by law.

Obviously, when the buyer maliciously refuses to pay, it meets the statutory cancellation situation in subparagraphs (2) and (4) of the above provisions. The owner of the title first negotiates with the buyer. Whether to pay the final amount, or to cancel the contract and re-register the residence.

If the negotiation fails, the subject may exercise the statutory right of revocation of the contract in accordance with the law and take the following measures:

The first is to apply to the people's court for pre-litigation property preservation of the house involved in the case to prevent the buyer from using real estate as security.

Second, a lawsuit is filed with the people's court to require the buyer to fulfill the obligation to pay the latter payment, or to request the cancellation of the contract, and the buyer assists in registering the transfer of the house under the title.

Do not have the urge to drop the bricks on the floor. Regardless of the outcome of the trade, the loss is your own. If the contract is cancelled, the home is yours. The one who broke it is also his own.

Although the house has been transferred, because the house payment has not been paid, as long as the evidence is retained, it is possible to protect the rights through legal means, either cancel the transfer, or make up the final payment. Therefore, it is important to keep the contract and evidence between the two parties.

If the buyer refuses to pay the balance after the transfer, it is a violation of the contract to buy the house, and the seller has the right to require the buyer to perform the contract and bear the liability for breach of contract, and the house should still be the seller's at this time.

It is the buyer, because the owner of the house and other relevant procedures have been transferred to the other party.

At this time, the house belongs to the buyer, because it has been transferred and is in the name of the buyer, so there must be no such mistakes.

The house is for the buyer. Because it is already in the name of the buyer. However, the seller can sue to recover the balance of his payment.

At this time, the house is still owned by the developer. Although it is said that the transfer has been completed, but the signed contract has not been fulfilled by the buyer, then the transfer is not yet effective, and the house still belongs to the developer.

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.

[Calculate how much it will cost you to renovate your home].

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. Dear, good boss, the down payment of the second-hand house has been transferred but the balance has not been given to the owner of the house only received the down payment, not all the loans, but within a few working days after the transfer, the real estate certificate with the buyer's name has been issued, after which, the ownership and use of the house have been separated. To put it simply, the property right of the house is yours, but the right to use it is still the owner's.

Buying and selling does not break the lease, which is the general principle of all real estate transactions. At present, the bank has not released the final payment, and the original owner has the right to continue to rent and collect rent, and there is no problem at all. Generally, the contract stipulates that the loan will be paid in 1-3 working days after the loan.

Dear, good boss, the down payment of the second-hand house has been transferred, but the final payment has not been given to the owner of the house, only the down payment has been received, and all the loans have not been received, but Yuyan is a few working days after the transfer, the real estate certificate written with the name of the house has been issued, and after that, the ownership and use of the house have been separated. To put it simply, the property right of the house is yours, but the right to use it is still the owner's. Buying and selling does not break the lease, which is the general principle of all real estate transactions.

At present, the bank has not released the final payment, and the original owner has the right to continue to rent and collect rent, and there is no problem at all. Generally, the contract stipulates that the loan will be paid in 1-3 working days after the loan.

At this time, you have to worry about whether the house will be mortgaged or transferred by the buyer. The seller should go to the local real estate bureau as soon as possible, inquire about the property rights of the subject property of the transaction and the real estate as security, and then supplement the agreement: "The current situation of the transaction and the agreement of both parties shall not transfer the mortgage guarantee procedures for the mortgage of the property under the disturbance of the unpaid house payment, and finally file with the real estate bureau."

In doing so, further losses can be avoided in case the owner arrives and the property is transferred. The mortgage guarantee procedures are finally filed with the Real Estate Bureau. By doing so, you can avoid further losses and prevent the owner from mortgaging and transferring the property.

Legal analysis: If the transfer has been completed and the property delivery procedures have been completed at the same time, and the other party does not pay the final payment, it can claim the final payment through litigation.

Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.

In any of the following circumstances, the parties may apply unilaterally:

1) The immovable property that has not yet been registered is applied for registration for the first time;

2) Inheritance or acceptance of bequests to acquire immovable property rights;

3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;

4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;

5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;

6) Applying for correction of registration or objection to registration;

7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.

Civil Procedure Law of the People's Republic of China》 Article 3: The provisions of this Law apply to people's courts accepting civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships. Decide.

The house has been transferred and the final payment has not been received: you can first remind the buyer through ** or SMS, requiring that the remaining amount must be paid within a certain period of time. If the buyer still fails to pay the remaining amount when due, it may file a lawsuit with the people's court to assert its legitimate rights and interests.

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 cannot be determined 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. Article 675:The borrower shall return the loan within the agreed time limit.

Where there is no agreement on the term of the loan, or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 510 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.