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If you have a house with a title deed with your name written on it, then the house is yours. If this house can have a title deed, but it doesn't have now, you need to wait for a while. If you buy such a house, because the property rights have not been transferred to your name, the original owner can regret at any time to return the house to repay your original payment, and the house premium can not be considered.
You say you're at a loss. If a house does not have a title deed now, it will not have a title deed in the future. Then this is an undocumented house that could be demolished at any time.
You don't have any compensation. So such a house must not be bought. With that said, you should understand, right?
If you want to buy a house, what kind of house you should buy, now that you have figured it out. Let's go for it. Typing is not easy, hope.
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Hello, the real estate certificate is relative to the ID card of the house, it is the legal document of the house, if there is a real estate certificate, the house will be protected by law, without the real estate certificate, the legitimate rights and interests of the house are difficult to protect.
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The house has a real estate certificate, which can fully prove that the property rights of the house belong to you in law. The house is not protected by law without a title deed, and there is no compensation in case of demolition.
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Of course, it is different whether the house has a real estate certificate, there is no real estate certificate, there is only a living branch, there is no right to buy and sell the real estate, because the real estate is not yours, with the real estate certificate can prove that the property is yours, you can sell and buy the transaction, otherwise there is no real estate.
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The difference is: a house with a title deed can be bought and sold, and the owner has ownership of the house.
A house cannot be bought or sold without a title deed, and the person who owns the house does not have ownership of the property, only the right to use it.
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There is a difference between a house with a title deed and a house without a title deed, because there is a law with a title deed, and there is no law without a title deed.
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The title deed is the basis for proving the relationship between the house and you, and whether you can dispose of it freely. Usually very old self-built houses do not have a title deed. Such a house is generally owned by someone who has lived there for a long time by default.
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Although real estate registration has been implemented for a long time, there are still many people who are still unclear about the difference between real estate certificate and real estate certificate.
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1. You cannot apply for a loan
If you apply for a mortgage or a house to mortgage a loan, you need to use the ownership of the house, otherwise you can't buy and sell normally, in the bank's view, this kind of property is unclear, and it is very likely that there will be disputes, the bank will not apply for a loan in order to avoid risks, and the house without a real estate certificate can not be inherited and gifted or mortgaged.
2. The house is sold in one room and two houses
The purchase of the house property ownership certificate has not yet arrived, is not able to prove that the house belongs to themselves, the house does not have a real estate certificate for sale and purchase there is a great risk, so the buyer and the seller should be cautious, then for the buyer if the property right certificate is not obtained, the homeowner has a good chance to sell the house to a third party.
There is no harm from the title deed.
1. If the buyer has not obtained the property right certificate of the house after moving in, it means that the property right of the house is still in an unclear state, and the purchase of a house without a property ownership certificate cannot be sold, gifted and inherited, etc., even if the relevant contract is signed, it is invalid and not protected by law.
2. If the house cannot be mortgaged and pawned without a real estate certificate, if it is said that the real estate certificate cannot be applied for because the project is illegally developed, the house purchased by the buyer has the risk of being forcibly demolished or auctioned.
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The biggest difference between a house with a property certificate and a house without property rights is the protection and recognition of the law, the former belongs to the property right house, and the latter belongs to the small property right house.
1. Usually the more common ordinary commercial houses on the market belong to large property rights houses, and their property rights include three types: 70 years, 50 years and 40 years, while small property rights houses are mostly houses built on collective land, which can only belong to the members of the collective economic group, and farmers or urban residents in other villages cannot buy them.
2. The real estate certificate of the large property right house is issued by the state and is recognized and accepted by the state. The land used for large property rights is allocated or transferred by the state, and the sales object can be anyone. After purchasing a large property, the purchaser is free to use or transfer it without paying any additional fees.
3. The real estate certificate of the small property right house is issued by the township, and the individual does not have actual property rights. The land used for the construction of small property rights is generally owned by the township collective, and such property can only be purchased and lived in by the villagers of the township. Small-owned houses cannot be used as collateral or listed for monopoly, so they cannot be loaned.
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They are different in nature, if you buy a house without a real estate certificate, it is not going through the approval procedures and relevant planning approvals, etc., which is similar to illegal construction, without any protection, and cannot be used as a mortgage. If you want to demolish and relocate, the housing department with property rights can get compensation at the market price, while those without property rights can only get a little symbolic compensation, and it may also be determined that illegal buildings cannot be compensated, so buy a house with clear property rights, and do not buy a house without property rights and mortgaged.
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Property Law Article 2 This Law shall apply to civil relations arising from the ownership and use of things.
For the purposes of this Law, the term "property" includes immovable and movable property. Where the law provides that rights are the object of real rights, follow those provisions.
For the purposes of this Law, the term "property right" refers to the right holder's right to directly control and exclusively over a specific thing in accordance with the law, including ownership, usufruct and security interest.
The right in rem cannot be exercised without a real estate certificate, in which the ownership is in a narrow sense, and the broad sense of ownership is not defined in law, and it can be said in reality.
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Legal analysis: the difference between having a real estate certificate and not having a real estate certificate: 1. Having a real estate certificate protects the legitimate rights and interests of the owner of the house; maintain order in the real estate market; Provide basic information for urban construction management and judicial administration; 2. Houses without real estate certificates are not protected by law.
Legal basis: Article 211 of the Civil Code of the People's Republic of China provides necessary materials such as proof of ownership and the boundary address and area of the immovable property according to different registration items. Article 217:The certificate of ownership of immovable property is proof that the right holder enjoys the right to the immovable property.
The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
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Without the protection of the real estate deed, there is no legal protection, no loan, or the house is sold by the house in one house. If you have a real estate certificate, you can take out a loan, and there is legal protection to prevent the situation of selling one house twice.
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If you have a real estate certificate, you can't live a worrying life without a real estate certificate.
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If you have a real estate certificate, it means that such a house is protected by law and can be bought and sold freely.
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There is no title deed without property registration. There is no legal protection for real estate.
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Do the math how much it will cost you to renovate your home
When buying a house, buyers are most concerned about the issue of real estate certificate, the house with the real estate certificate belongs to them, and the ownership of the house is unclear without the real estate certificate, and there are many hidden dangers. So what are the differences between having a real estate certificate and not having a real estate certificate? What should I do if I can't apply for a real estate certificate?
Let's take a closer look!
What are the differences between having a title deed and not having a title deed:
The biggest difference between having a real estate certificate and not having a real estate certificate is that the property rights are different, among which the houses with the real estate certificate are generally large property rights houses, and the property rights period is 70 years, 50 years, and 40 years, while the houses without real estate certificates are small property rights houses, and the property rights of the houses are owned by the collective, and individuals do not have the actual right to use them, and they cannot be mortgaged or listed for trading.
What should I do if I can't apply for a real estate certificate:
1. After buying a house, if the developer cannot apply for the real estate certificate, the buyer can bring the purchase contract to the developer to ask for check-out, if you don't want to check out, you can ask the developer to pay liquidated damages on a daily basis.
2. When negotiating, do not negotiate empty-handed, carry the purchase contract, require the developer to perform the responsibility according to the contract, or bear the liability for breach of contract, if the two parties have little disagreement, you can renegotiate, and re-sign the negotiation agreement, agree on the liability for breach of contract and the handling method.
3. If the two parties disagree through negotiation, you can ask a lawyer to help send a lawyer's letter to the developer, which can play a role in urging and warning the developer, urging the developer to take the initiative to take responsibility, or pay liquidated damages.
4. If the problem cannot be solved after negotiation and lettering, then the buyer can sue the developer in court, require the developer to perform the contract or request to terminate the contract, and at the same time investigate the developer's liability for breach of contract.
Article summary: What are the differences between having a real estate certificate and not having a real estate certificate and what to do if you can't handle the real estate certificate is introduced here, if you need more information, please continue to pay attention to Qeeka Home, and we will have more exciting content for you in the future.
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