Can I buy a small property? What exactly are the risks?

Generally speaking, when buying and selling a home, it is usually necessary to rely on the home purchase contract to protect the rights and interests of the buyer and seller. However, according to the relevant requirements of our country, small property rights cannot be determined and issued, and are not protected by law. This means that even if you sign a contract for the sale of a small real estate, the contract is invalid.

Perhaps some buyers who only need a house think that it doesn't matter if the house purchase contract is invalid or not. In any case, they bought a house to live in. If you really think so, you're wrong.

Since the purchase contract is invalid, how can you defend your rights in the event of a real estate dispute? If you can't protect your rights as a homebuyer, will you still be the homeowner in the future if something goes wrong with the title?

For small-scale home transactions, it is not uncommon for the seller to default in real life, despite repeated promises that the seller will never default in the future. If the seller breaches the contract, it will be difficult for you to defend your rights because the contract for the purchase of a small property is not protected by law. If you don't get the money for demolition, if you're in a developing city, you often see that many places have to be demolished.

In fact, this is because with the rapid development of urbanization, more and more cities are facing demolition. Once demolition is involved, the seller will ask for demolition and relocation funds. At this time, you will not be able to receive funds for demolition. Even if you go to court, the court won't support you.

What do people buy for poor quality housing? Most of them are for their own use. What is the most important thing about self-occupation?

The quality of the house is safe. Generally speaking, most of the small property rights houses are negotiated and built by the developer and the village committee, and are not subject to the supervision and management of the government. In this way, the quality of the tiny house cannot be guaranteed.

If you're buying a poor-quality home, it's hard to guarantee the financial security of your employees. Poor supporting facilities. This house is unlike any other ordinary commodity that can be found everywhere in life.

It usually has a financial nature. Therefore, the ancillary facilities cannot be neglected when buying a house as it can add space to the house. However, compared with ordinary commercial housing, the supporting facilities of small property rights are often imperfect, such as no double gas, no property management, so your quality of life and house value will not be too high.

The quality varies. The construction of small houses does not require review by the relevant authorities. It is not excluded that some developers cut corners in order to increase profits.

The quality of the house cannot be guaranteed. If there is a problem with the quality of the house, it is difficult to hold accountable. No compensation will be paid in the event of demolition.

These buildings are in fact illegal buildings. If it is removed, the buyer will not receive any compensation. If there is compensation, they will be returned in full to the original owner.

Small property rights can be purchased but there are certain risks, it is recommended to buy cautiously, the risks after the purchase of small property rights are as follows: 1. The law does not protect the sales contract of small property rights; 2. Mortgage loans are not allowed for small property rights; 3. When the small property right house is demolished, it cannot get due compensation. Legal basis: Article 20 of the Property Law stipulates that when a party signs an agreement for the sale and purchase of a house or other immovable property right, in order to ensure the realization of the real right in the future, it may apply to the registration authority for advance notice registration in accordance with the agreement.

If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect. After the advance notice is registered, if the creditor's rights are extinguished or the application for registration is not made within three months from the date on which the immovable property can be registered, the advance notice registration shall become invalid.

Small property should be purchased with caution. Because he was unable to obtain a state-recognized title deed. Cannot be mortgaged. In addition, when it comes to demolition and other property rights disputes. The legitimate rights and interests of the owner may not be guaranteed.

You can't buy a small property like this, because the title deed of the small property is not suitable in your name, and you may be evicted because it is not in your name.

Can't buy it. Because such a house cannot be confirmed as real estate, that is, a house without property rights, you spend money, but the property rights of this house are not in your name, and you have to risk being evicted later if you say that you will be evicted.

What are the risks of buying a small property? There are mainly 5 aspects of risk, which have been analyzed and explained in depth and comprehensively!

A house is a must for people, whether it is rented or bought, but the house price is so expensive, many people who can't afford to buy a house want to buy a cheaper small real estate deed, property right deed.

From a legal point of view, small property rights houses actually have no property rights, because this kind of house does not have a land use certificate and pre-sale permit issued by the state, and of course, the purchase contract cannot be filed with the housing authority. Therefore, it is impossible for you to get a legally compliant and valid real estate certificate. This is a big and serious problem for small property owners.

2. Bank loans and mortgages are not available

Because it is difficult to compensate for the demolition of small property rights, the quality is not guaranteed.

Because the buyer who buys the small property is not the legal owner of the house and cannot resist the state's land acquisition and demolition, it will be difficult for the buyer to be compensated for the demolition in the future. If a house with small property rights is forcibly demolished in violation of national policies, the buyer may face the embarrassing situation of not being able to obtain the house and not being able to claim back the payment.

In addition, developers may cut corners in order to make money when building small property rights houses, coupled with the lack of supervision of functional departments, there are serious safety hazards, in actual use of many small property rights houses have wall cracks, house leakage and other quality problems, but also unable to meet the windproof, earthquake-resistant, waterproof, fire-fighting building codes and standards. In the event of a dispute over the quality of the house, it is difficult for the buyer to protect his rights, and he can only bear the loss by himself.

In short, if the buyer is not really out of helplessness, our attitude towards small property rights should be cautious and cautious, and try not to buy if we can.

There are three major problems in buying a small property:1It is prone to property disputes, and there is a great risk of breaking the contract due to the lack of a real estate certificate.

2.There is a risk of being demolished, and there is a possibility of being demolished and confiscated at any time without compensation. 3.

Without the function of settlement and financial attributes, small property rights cannot be settled and cannot be loaned, and it is difficult to change hands.

1. Can you buy a small property right house?

Generally speaking, small ownership houses can be purchased and the risks are not very large. There are two main types of situations in which the purchase of a small property is purchased:

1. If you buy a house for self-occupation, then the risk is not great. First of all, your house is built on the land of the village, and the land is owned by the village collective, so the possibility of property rights disputes is very small. The village committee, as the quasi-judicial arbitration subject of the property, recognizes your property rights, and in the event of demolition, the village committee will protect your property rights as part of the village's property rights.

As for the treatment of illegal construction, it is neither legal nor reasonable.

2. If the "small property right house" you bought is transferred and sold among relatives, friends, and acquaintances, it can also be carried out. Because the title certificate is not important in this kind of transfer, it can be transferred in the form of a private commercial contract, which is also binding.

It is inappropriate to not let people sell the houses that have already been built, and not let the families build the houses that are being built, blocking the peasants' road to prosperity.

Farmers build and sell houses like the birth of affordable pharmacies, which have been wanted to do for many years, but have not been able to do, and the people dream of things. It attacks the ** alliance of real estate developers, and maybe the deformed housing prices can open a gap from here, which is a great thing.

**What should be done is to provide policy support and legal help for farmers in urban villages to build and sell houses, not the other way around.

Moreover, "small property rights" will indeed contribute to the construction of a harmonious society, the stabilization of housing prices, and the realization of "home ownership".

Small property right house is not a legal concept, it is just a conventional title formed by people in social practice. At present, the so-called "small property right house", also known as "township property right house", refers to the real estate issued by the township **, not the state. Therefore, "small property rights" are actually "township property rights", which do not constitute property rights in the real legal sense.

To put it more bluntly, "small property rights houses" are houses built on collective land in the name of new rural construction by some village collective organizations or developers, or "commercial houses" built by farmers themselves.

"Small property ownership" has the following risks in the legal sense.

1. The property right certificate printed and issued by the village committee is illegal and will not be recognized by the state. When a "small property right house" encounters a property rights dispute, the rights and interests of the property owner will not be protected by law.

2. "Small property rights houses" cannot be listed and traded, and cannot go through transfer procedures.

3. In case of demolition, it will be regarded as an illegal building and will not be compensated for demolition.

Can you buy a small property right house in Shenzhen, in its city, most of the real estate agents, lawyers, and senior real estate people may give the answer that no. But in Shenzhen, a first-tier city in a first-tier city, I definitely say that you can buy it. Shenzhen has a population of more than 20 million, and the value is still rising, and the proportion of residential buildings in Shenzhen, with small property rights accounting for 65%, far exceeds that of commercial housing.

In recent years, Shenzhen has been in urban renewal (commonly known as: old reform and expropriation), and people who bought "small property rights" before have received corresponding compensation and housing compensation.

Risks of buying a small property:1There is no way to apply for a real estate certificate; 2.

It is difficult to avoid the risk of "selling more than one house"; 3.It is difficult to ensure the quality without supervision; 4.Inability to take out a bank loan when buying a house; 5.

It is difficult to cash out and transfer; 6.It is difficult to divide small property rights; 7.may be expropriated or expropriated without compensation; 8.

Facing the "default risk" of the owner at any time.

Small ownership is the biggest risk in itself.

Small property rights housing refers to the construction of houses on rural collective land, without paying land transfer fees and other fees, and its property rights certificate is not issued by the state housing management department, but by the township ** or village **, also known as "township property right house". "Small property right house" is not a legal concept, but a conventional title formed by people in social practice. This type of house does not have a land use certificate and pre-sale permit issued by the state, and the purchase contract will not be filed with the Land and Housing Administration.

The so-called property right certificate is not a real legal and valid property right certificate.

The emergence of small property rights is inseparable from the soaring price of urban housing prices, and it has become a hot spot of social concern since 2007, when housing prices entered a rapid year. In accordance with the relevant requirements of the state, "small property rights houses" shall not be confirmed and issued certificates, and are not protected by law.

Trading is not allowed by policy, and transactions are not protected by law. However, there are many small property rights, and the actual transaction is not small. Most of them are through cooperative construction agreements, and some lawyers witness the transfer, and there is only one original, usually the same small property right real estate, all in the same law firm to witness the transfer.

Now there are still people who choose to buy small property rights, mainly because the ** of small property rights is relatively low. If you are buying a small property right house to live in, you can choose according to the family's economic situation, after all, the commercial housing ** is relatively high, and the cheap small property rights can also allow people with limited funds to settle down first. If you've decided to buy a small property, here are some tips for buying.

If you must buy a small property right house, I suggest that you pay attention to the size of the community when buying a small property right house, and preferably choose a large-scale project, because the larger the scale, the greater the resistance to demolition. In addition, try to buy an existing house, that is, after paying the money, you will be given the key immediately, and the proof of payment and the like will be kept. Don't buy the so-called "off-plan housing" of small property rights, which are inherently illegal and more risky.

04. The rights and interests of individuals cannot be guaranteed. As we all know, there are actually property companies in the current community, although there has been a great controversy about the existence of the property, but it is undeniable that after the property, the management of the community has indeed been greatly improved. Then this kind of small property right house must not have a property to occupy, so that the management of the community will become a big problem, and it is difficult to get the corresponding protection of their own rights and interests.

It is better not to buy, there is a lot of risk.

By definition, a small property is a house built without obtaining legal residential land use rights。Generally, it is through the developer to buy the farmers' collective land use rights and build houses on the collective land. It is not possible to obtain a title deed.

1. Rural land is collective land, the collective is not necessarily unchanged, there are new households in the village every year to join and move out, if the land income is distributed when the developer takes the land, then the original family of three becomes a family of five, and the original five people become a family of threeIt will create a distributive contradiction among the peasants

2. The problem caused by 1 is that the land taken by the developer from the farmer is generally obtained in the form of lease. In this way, the rights and interests of home buyers cannot be protected. Suddenly, the group said that there was a meeting in the village, and we would not rent the land.

That's it. Because the form itself is not legal,So there is no legal guarantee.

3. Land finance is an important part of local revenueThe reason why small property rights are cheap is because of the cheap land price. **The land is generally transferred to the developer through administrative authority and then by way of bidding, auction and listing, and the land price has doubled and risen.

It's like a private lottery The high rate of return is relatively good for buying lottery tickets, but you must not operate the same, ** monopolizing the land market can obtain high profits, and they have the ability to monopolize the market, of courseForbiddenCollective land with small property rights.