What are the risks of buying and selling small property rights What are the common disputes?

According to the provisions of the Land Management Law of the People's Republic of China, small property rights cannot be transferred to a third party who is not a member of the collective, that is, it cannot be legally transferred after purchase. At the same time, it also has a certain impact on the preservation and appreciation of the value of the house.

1. The development of secondary commercial housing for collective construction land is currently in the stage of restriction and control, and the state has not yet issued corresponding regulations, and the legalization of "small property right houses" is still final, so there are still legal risks that may lead to the invalidity of the contract when purchasing "small property right houses".

2. When buying a "small property right house", you must pay attention to the legal procedures of the house, require the seller to show the construction project planning permit and construction permit of the project, and verify it with the Construction Committee, otherwise it cannot be purchased. In practice, "small property rights" that have not gone through legal procedures are usually illegal buildings and are likely to be forcibly demolished.

3. Even if you buy a legally built "small property right house", there are the following risks: you cannot obtain the property right certificate, and the two parties to the contract only have creditor's rights. After the house was completed, although the seller had the right to dispose of it, the buyer could not go through the procedures for changing the ownership because it had not filed the record, so the two parties did not change the property rights.

Small property rights only have the right to use, not ownership. According to the provisions of the Land Management Law of the People's Republic of China, small property rights cannot be transferred to a third party who is not a member of the collective, that is, it cannot be legally transferred after the purchase. At the same time, it also has a certain impact on the preservation and appreciation of the value of the house.

If the state acquires land for demolition after purchasing a house, because the township property right house does not have the legal property right recognized by the state, and the buyer is not the legal property owner, it is impossible to get the compensation for the demolition of the property right, and the demolition compensation received by the actual user is negligible compared with the property right compensation.

4. The development funds of the developers of ordinary commercial houses are subject to the supervision of banks and relevant departments, while the use of development funds for "small property rights" is in a state of unsupervised and prone to problems. There are no clear regulations on the development and construction of township property rights houses at the risk of lack of supervision, and there is a lack of supervision of development and construction, which has a certain impact on the interests of home buyers. At the same time, the qualification of the development unit is not there, and it is difficult to guarantee the quality of the house and the after-sales warranty of the house.

5. Legal Effect RiskThe validity of the sales contract of "small property right house" is generally based on the principle of invalidity. However, it also distinguishes different situations: for the sale and purchase of rural houses that occur between members of rural collective economic organizations within the scope of the township, the house sale contract is deemed valid.

For the person who gives the house to a person outside the township, if Lixian obtains the approval of the relevant organization and department, the contract can be deemed valid. For the house ** to a person outside the township, without the approval of the relevant organizations and departments, if the contract has not been actually performed or the buyer has not actually lived in and used the house, the contract shall be invalid.

The legal risks of buying a small property right house are: small property right house does not have a land use certificate and pre-sale permit issued by the state, and is not protected by law; Small property rights only have the right to use, not ownership. It is difficult to get full compensation for demolition and relocation of small property rights; Small-property rights do not have the rights to own, transfer, dispose of, and benefit from the house, and cannot be mortgaged and transferred.

[Legal basis].Article 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.

Article 209 of the Civil Code.

The creation, alteration, transfer and extinction of immovable property 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.

Article 215.

Unless otherwise provided by law or otherwise agreed by the parties, the contract shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.