How to sell a house without a real estate deed

The buyer and seller of the house where the real estate certificate has not come down can sign the purchase agreement in advance, and if necessary, it can be notarized, and the transaction can be carried out after the real estate certificate is issued. There is an obstacle that there is no property right certificate for a house without a property ownership certificate, and it is not possible to register and obtain the ownership certificate and go through the house transfer procedures in accordance with the law, but it does not affect the validity of the sales contract.

[Legal basis].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, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights 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.

You can't sell your house without the title deed.

Under normal circumstances, the real estate certificate is in hand, and the date on the real estate certificate can only be listed and traded after two years, but during this period, you can also hang an intermediary, but do not trade during the two-year period, the purpose is to understand the market **** and so on.

Houses without real estate certificates are found in the following situations: real estate projects that have not been approved or changed without permission, houses developed using collectively owned land, that is, small property rights, real estate without planning approval, and real estate that have changed their plans without permission.

The real estate certificate can be said to bring more to a house, I believe everyone knows that if the house does not have a real estate certificate, the transaction is also more troublesome. The following will introduce to you how to buy and sell a house that has not been deed.

1. The two parties agree to wait for the real estate certificate to come down and then transfer the house.

Generally speaking, this method belongs to the sale of second-hand houses, and the taxes and fees that need to be paid will be higher than those of new houses, you must know that this also includes personal income tax, deed tax, value-added tax, etc. Relatively speaking, this method is relatively simple and direct, and it can also handle the transfer in a timely manner, and the risk is relatively low. The disadvantage is that its taxes and fees are relatively high, and the time cost will be relatively long.

2. Direct name change.

Process: The seller first pays off the bank loan; At this time, the seller can take the settlement certificate issued by the bank and go to the housing authority to take out the mortgage contract; At this time, the developer can go to the real estate bureau with the contract and the cancellation registration form to go through the cancellation procedures for the house; After the cancellation is completed, the buyer and the developer sign a new contract for the sale and purchase of commercial housing, and then go to the housing authority to reallocate and file a new record.

3. I have just paid the down payment and have not yet applied for a mortgage.

This situation is relatively easy to deal with, because the developer has not yet filed with the housing authority. The buyer and seller only need to go directly to the developer to handle the contract transfer, negotiate with the developer, and at the same time sign a new purchase contract with the buyer and take back the old purchase contract.

What to pay attention to.

1. For some people who do not have a property right certificate is equal to no right, here are the risks of it: In the purchase and sale of off-plan housing, there is a bigger problem - no one has the right for the time being. Because of this feature, there is no way to eliminate its risk; To put it in a more broad terms, no trading can eliminate all risks.

2. The main risk in this case is: it is afraid of two houses for sale; There is also non-fulfillment of contractual obligations: in this case, there is no way to deliver the house, deliver the house on time, quality defects, etc.

3. In order to avoid these risks, it is recommended that these situations appear in the contract, and an appropriate amount of liquidated damages should be stipulated in advance.

Summary: We know that if you want to trade when the real estate certificate is not down, it will be relatively troublesome to trade, so you must understand it clearly before handling it.

Houses that do not have a title deed cannot be bought or sold. The real estate certificate is the proof of ownership of the house, and if the real estate certificate is not down, there is an obstacle to the house without a property right certificate, and the sale is disposed of without the right to be disposed of, and the transfer procedures cannot be registered according to law.

The basis of the good law of Faling].

Article 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Hail lead that has not been registered in accordance with the law to receive a certificate of ownership;

7) Other circumstances where laws or administrative regulations prohibit transfer.

Legal analysis: Houses that have not been issued a real estate certificate cannot be bought or sold. It can only be transferred according to law after applying for the real estate certificate.

You should go to a notary public to notarize the sale and purchase agreement. Then go to the housing authority to ask if you can notarize the power of attorney, so that if the property right certificate comes down in the future, you don't have to go to the owner again.

[Legal basis].Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate shall not be transferred: (1) if the land use right is obtained by way of transfer, it does not meet the conditions stipulated in Article 39 of this Law; 2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law; 3) recovering the right to use land in accordance with law; (4) Co-ownership of real estate without the written consent of the other co-owners; 5) the ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; 7) Other circumstances where laws or administrative regulations prohibit transfer.

Everyone is very clear about the importance of the real estate certificate for the house, but now the house without the real estate certificate is becoming more and more common, which causes more and more contradictions and quarrels in the housing transaction, so how to buy and sell the house without the real estate certificate? Let's learn together.

1. I just paid the down payment and haven't applied for a mortgage yet.

If the house has just paid the down payment for the house, but has not yet had time to apply for the mortgage loan procedures, then the buyer and seller of the house can go directly to the developer to handle the transfer of the purchase contract, of course, they must negotiate with the developer in advance, and the developer's consent must be obtained. The developer and the new buyer re-sign a new purchase contract and get the old purchase contract back, and finally the new buyer can pay the down payment directly to the seller.

2. Direct name change.

The seller pays off the bank's mortgage; The seller takes the settlement certificate issued by the lending bank to the housing authority where the house is located to get back the mortgage purchase contract; The developer goes to the real estate bureau with the purchase contract and the cancellation registration form to go through the cancellation procedures for the traded house; After the cancellation is completed, the buyer and the developer sign a new purchase contract, and then go to the housing authority to re-file.

3. The buyer and seller agree to wait for the real estate certificate to come down and then transfer the ownership.

1) The buyer and seller of the house can agree to wait for the real estate certificate to come down before going through the transfer procedures. The buyer and seller must have a detailed understanding of the property, as well as a clear understanding of when the title deed will be available, and agree on the appropriate standard of liquidated damages.

2) At the same time, the buyer and the seller should also be psychologically prepared, because the house price will fluctuate at any time, so the buyer and seller should agree on the standard of liquidated damages, so as to avoid one of the parties will default when the house price fluctuates greatly.

3) In addition, this method belongs to the sale of second-hand houses, so the buyers and sellers need to pay more taxes than new houses. This method is also simpler and more direct, can be transferred in time, and the risk is relatively low.

The above is an introduction to how to buy and sell a house that has not come down with a real estate certificate, and when buying and selling a house without a real estate certificate, the buyer and seller should have a detailed understanding of the property, and determine when the real estate certificate can be obtained, and agree on the standard of liquidated damages in advance.

Houses that have not been deed can be bought and sold in the following ways:

1. The buyer and seller of the house agree to wait for the real estate certificate to come down and then transfer the ownership.

This method is a second-hand house sale, and the taxes and fees that need to be paid will be more than that of a new house. Including: personal income tax, deed tax, value-added tax, etc.

This method is relatively simple and straightforward, can be transferred in time, and the risk is low. The disadvantage is that the taxes and fees are relatively high, and the time cost is relatively long.

2. Direct name change.

Sellers need to pay off their bank loan first; After the seller took the settlement certificate issued by the bank, Douzhi went to the housing authority to take out the mortgage contract; The developer goes to the real estate bureau with the contract and the cancellation registration form to go through the cancellation procedures for the house; After the cancellation is completed, the purchaser and the developer will sign a new housing sales contract, and then go to the housing authority for a new record.

3. I have just paid the down payment and have not yet applied for a mortgage.

The buyer and seller can go directly to the developer to handle the contract transfer, that is, to negotiate with the developer, sign a new purchase contract with the buyer, and take back the previous purchase contract.

Civil Code of the People's Republic of China

Article 209.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law;

If it is not registered, it will not take effect, except as otherwise provided by law.

The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Civil Code of the People's Republic of China

Article 215.

Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights 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.