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The landlord has not completed the property for a long time, and it is already considered an overdue transfer.
For the overdue transfer, whoever breaches the contract bears the risk and responsibility, and can request the court to compel the transfer or pursue the liability for breach of contract. If the seller fails to go through the transfer procedures as agreed, the buyer can file a lawsuit with the court, and if there is no agreement in the contract, the buyer can find an intermediary as a witness to sue the seller together.
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If the landlord does not sell the deposit for the purchase of the house, the buyer can ask the landlord to return double the deposit.
If the debtor performs its obligations, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, it shall not have the right to request the return of the deposit. After the buyer and seller reach an agreement on the sale and purchase of the house, the seller needs to bear the liability for breach of contract.
However, if the contract cannot be performed due to reasons not attributable to the parties, the seller can return the entire deposit to the buyer. The amount of the deposit shall be agreed upon by the parties, but shall not exceed 20% of the amount of the subject matter of the main contract. In practice, the amount and proportion of the deposit are set by the developer, but the proportion of the deposit must not exceed 20% of the total housing payment.
The process of buying a house is as follows:
1. Pay a deposit;
2. Sign the confirmation of house purchase;
3. Materials required for signing the contract.
According to the payment method selected by the buyer, the user is reminded of the money, documents and materials that he needs to bring when signing the contract.
Legal basis] Law of the People's Republic of China on the Management of Urban Real Estate
Article 45 The pre-sale of commercial housing shall meet the following conditions:
1) All land use right transfer fees have been paid and land use right certificates have been obtained;
B) holding a construction project planning permit;
3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined;
4) Go through the pre-sale registration with the people's ** real estate management department at or above the county level, and obtain the pre-sale license certificate of commercial housing.
The pre-seller of commercial housing shall, in accordance with the relevant provisions of the state, submit the pre-sale contract to the people's real estate management department and land management department at or above the county level for registration and filing.
The proceeds from the pre-sale of commercial housing must be used for the construction of relevant projects.
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For the behavior of the homeowner who drags on and does not leave the house, he can be urged to transfer the house as soon as possible; If the landlord has not transferred the property within a reasonable period of three months after being reminded, unless otherwise agreed by the parties, he may apply for termination of the contract and require the landlord to bear the corresponding civil liability. House sale and transfer process: 1. The buyer and seller first reach an agreement on the specific situation of the house and sign the purchase contract; 2. The buyer and seller should bring their ID cards, household registration books, and housing sales contracts to the registration authority for registration; 3. The registration management department shall review the transfer registration application materials submitted by the buyer and the seller, and handle the transfer registration if the conditions are met.
Right-of-use housing does not matter how it is allocated. If you don't have a place to go for a while, ask your mother-in-law's permission to see if you can continue to live here; If you want to leave, you can ask your husband's family to compensate you for a sum of money to rent a house, and the specific amount depends on the result of negotiation.
The Interim Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Use Rights clearly stipulate that the maximum term for the transfer of land use rights for residential land is 70 years. He argued that after the expiration of the 70-year land use right, the land would be nationalized, while the above-ground buildings would still be owned by the owners. If you apply for land use right again, you should pay the land transfer fee according to the land price level at that time. >>>More
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OK. In the event of a divorce, the parties may agree in the divorce agreement to transfer the property to the minor children, and the law does not prohibit this behavior. If the child is an adult, the property can be transferred directly to the child.