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1. Article 17 of the Administrative Measures for the Registration of Urban Housing Ownership of the Ministry of Construction of the People's Republic of China stipulates that if the ownership of the house is transferred due to the sale, exchange, gift, inheritance, allocation, transfer, division, merger, adjudication and other reasons, the parties shall apply for registration within 30 days from the date of the fact.
Therefore, the title deed should be processed within 30 days of buying the house.
2. From the date of acceptance of the registration application, the housing registration agency shall record the application registration items in the housing registration book or make a decision not to register within the following time limits: "30 working days for the registration of house ownership within the scope of state-owned land, and 60 working days for the registration of house ownership within the scope of collective land." ”
According to the above measures, the working time limit of 30 working days for the registration of house ownership has been formulated, but in actual work, it may be completed in 10 working days or 15 working days according to the amount of information. However, the documents will generally be completed within 30 working days (the working day of supplementary materials will be postponed).
3. The parties to the real estate certificate of the commercial house can clearly stipulate the time limit for applying for the real estate certificate in the contract. If there is no agreement, then, if the subject matter of the commercial housing sales contract is a house that has not yet been built, 90 days from the date of delivery of the house; If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract.
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The off-plan house is a turnkey 180 years can apply for the real estate certificate, so he didn't lie to you If he has paid the deed tax and signed online when buying the house, it is his name If you only paid the purchase price when you buy the house, you can write the names of the two of you on the online signing contract when you go through the real estate procedures, and you can apply for two certificates when you go through the real estate certificate, one for each person.
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The title deed will be given within 90 days after the handover of the key.
The real estate certificate shall be processed within the time limit agreed in the contract. If the house has not yet been completed, it shall be handled within 90 days from the date of delivery of the house, and if the house has been completed, it shall be handled within 90 days from the date of conclusion of the contract.
According to the relevant regulations, the specific time for the buyer to obtain the real estate certificate and the responsibility of the developer if he fails to obtain the real estate certificate. Even if the contract does not specify the time for obtaining the title deed, then the buyer of the off-plan property should obtain the title deed within 90 days after the delivery of the property (the time when the developer handed over the keys).
If the buyer fails to obtain the house ownership certificate within the following time limits due to reasons attributable to the seller, the seller shall be liable for breach of contract unless otherwise agreed by the parties:
1) The time limit for the registration of housing ownership as agreed in the contract for the sale and purchase of commercial housing;
2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built, it shall be 90 days from the date of delivery of the house;
3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.
If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to collect interest on overdue loans stipulated by the People's Bank of China.
Legal basis
Article 32 of the Regulations on the Management of Urban Real Estate Development and Management.
The purchaser of the pre-sold commercial housing shall, within 90 days from the date of delivery of the commercial housing, go through the formalities of changing the land use right and registering the ownership of the house; The purchaser of the commercial house for sale shall, within 90 days from the date of signing the sales contract, go through the formalities of changing the land use right and registering the ownership of the house. Real estate development enterprises shall assist the purchaser of commercial housing in going through the formalities for the change of land use right and the registration of house ownership, and provide the necessary supporting documents.
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Summary. If you have just got the keys to your new house, and then the real estate certificate has not arrived, you can do it if you want to **. But you have to pay back all the money you owe to the bank first, and then get that title deed in your hands to **.
New house, just got the key, haven't got the real estate certificate yet, can it**?
If you have just got the keys to your new house, and then the real estate certificate has not arrived, you can do it if you want to **. But you have to pay back all the money you owe to the bank first, and then get that title deed in your hands to **.
It's all paid off.
If you pay it all off, you just have to wait until the bank sends you that title deed, and then you can go straight to it.
But it depends on the situation, mainly depending on how fast the real estate certificate is done over there.
You can't trade codes without a house certificate.
Isn't it okay to change the contract, because if your real estate certificate is not down, you can't transfer the property to someone else if you sell the house.
It is equivalent to saying that if you make a transaction, someone else will give you the money, but the house is still in your name, and you can't transfer the ownership if you don't have that real estate certificate.
Understood, thank you, teacher.
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Summary. It's not okay to keep not getting the keys, because the house will be officially checked in after the handover, and you have to go to get the keys to move in. First of all, you need to sign a handover agreement with the real estate agent and complete the project in the agreement within a certain period of time before you can get the keys.
In addition, you also need to prepare some materials, such as ID card, bank account information and bank card, etc., and prepare the necessary materials according to the check-in requirements, and then you can get the key and officially move into the new home, so as to realize the dream of owning your own house.
It's not okay to keep not getting the keys, because the house will be officially checked in after the handover, and you have to go to get the keys to move in. First of all, you need to sign a property handover agreement with the real estate agency, and complete the project in the agreement within a certain period of time before you can get the keys. In addition, you also need to prepare some information, such as ID card, bank account information and bank card, etc., and prepare the necessary materials according to the check-in requirements, and then you can get the key and officially move into the new home, so as to realize the dream of owning your own house.
When handing over the house, pay attention to something, afraid of stepping on the pit.
There are a few things you need to pay attention to when handing over the house so as not to step on the pit. First of all, it is necessary to sign the real estate handover agreement from the real estate agency in a timely manner and keep the relevant documentsSecondly, you should prepare some required materials, including Pit's ID card, bank account information, etc.;Thirdly, you can bring a friend to check whether the facilities in the room are normalFinally, it is important to get the keys in time and inspect the house before moving in to avoid buying the wrong house or not meeting the requirements.
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Summary. The transfer of possession of the house is regarded as the delivery of the house. Therefore, it is often said that "turnkey" is even delivered.
In trial practice, there are many disputes between the parties due to their different understandings of the "delivery and use of housing" agreed in the contract for the sale and purchase of commercial housing. Real estate development enterprises often think that "delivery of the house" is "turnkey", while buyers believe that "delivery of the house" is not only to receive the house key, but also to handle the ownership certificate of the delivered house at the same time.
This has given rise to many disputes, mainly related to the issue of whether real estate development enterprises should bear the liability for breach of contract.
If you have a real estate certificate, you don't have the keys to hand over the house.
The transfer of possession of the house is regarded as the delivery of the house. Therefore, it is often said that "turnkey" is even delivered. In trial practice, there are many disputes between the parties due to their different understandings of the "delivery and use of housing" agreed in the contract for the sale and purchase of commercial housing.
Real estate development enterprises often think that "delivery of the house" is "turnkey", while buyers believe that "delivery of the house" is not only to receive the house key, but also to handle the ownership certificate of the delivered house at the same time. This has given rise to many disputes, mainly related to the issue of whether real estate development enterprises should bear the liability for breach of contract.
The so-called delivery and use of the house means that the real estate development enterprise transfers the completed house to the buyer for possession, and its external performance is mainly to deliver the key of the house to the buyer. But the delivery of the house does not mean the transfer of ownership of the house. If the parties only agree on the time for "delivery of the house" but do not explicitly stipulate that it includes the transfer of ownership of the house, the real estate development enterprise shall be deemed to have fulfilled the obligation of "delivery of the house for use" as long as it transfers the house to the buyer for occupation within the agreed time limit, i.e., "turnkey".
Of course, according to the law, the parties to the contract for the sale and purchase of commercial housing can make a special agreement on the content of "delivery of the house". If the parties expressly stipulate in the contract that "delivery of the house" is not only the transfer of possession of the house, but also the transfer of ownership of the house, the content of the rights and obligations of both parties shall be determined in accordance with the agreement.
Under this agreement, the real estate development enterprise shall not only "hand over" the keys to the buyer within the time limit agreed in the contract, but also transfer the ownership of the house to the buyer, otherwise, it will bear the liability for breach of contract.
Although the performance of handing over the house is to deliver the key to the house to the buyer, from a legal point of view, the buyer is also required to actually accept the quality of the house.
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If you have a real estate certificate, you don't have the keys to hand over the house.
The delivery of the house key is not completely equivalent to the delivery of the house, which can be judged from the following points: 1. The delivery of the house in the legal sense should include the transfer of possession and the transfer of ownership. The transfer of possession is clearly stipulated in the judicial interpretation of China's commercial housing sales contract that the transfer of possession of the house is regarded as the delivery and use of the house, which is commonly known as "turnkey".
Therefore, the buyer's receipt of the keys to the house is considered to be the delivery of the house. 2. The transfer of ownership requires the seller to make the house meet the conditions for delivery and use agreed in the contract within the time limit agreed in the contract, and notify the buyer to go through the handover procedures for the house in the manner agreed in the contract, and the buyer completes the handover procedures for the house within the time limit specified in the notice, such as the delivery of the real estate certificate, to realize the transfer of ownership. 3. The key only belongs to the fact of delivery of the house, but because of its lack of delivery of the real estate certificate, this kind of turnkey behavior is an incomplete delivery, and only after the completion of the house ownership transfer procedures to achieve the real delivery of the house.
In short, turnkey can only be said to be part of the content of the handover, turnkey is only a code pass to enter the house, and there will generally be multiple sets of keys for the owner to use, so you can pay attention to the transfer process of ownership when receiving the house.
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For people who buy a house, after becoming an owner, the most concerned thing is when they can get the real estate certificate, so how long does it take to get the real estate certificate after buying a house? According to Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts, if the buyer fails to obtain the housing ownership certificate within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties:
1. The time limit for handling the registration of house ownership as agreed in the contract for the sale and purchase of commercial housing; 2. If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house; 3. If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract. That is to say, if it is an off-plan house, it has been 90 days since the delivery of the house and has not yet obtained the real estate certificate, or the existing house has not been obtained after 90 days after signing the contract, the owner has the right to ask the developer for an explanation and can protect his rights. In fact, even if the purchase contract does not specify the time for obtaining the property ownership certificate, the buyer of the off-plan property should obtain the property ownership certificate within 90 days after the house is handed over to you, that is, the developer will also bear the liability for breach of contract.
Legal basis: Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts Article 18 If the buyer fails to obtain the housing ownership certificate within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless the parties have special agreements: 1. The time limit for handling the registration of housing ownership as agreed in the commercial housing sales contract; 2. If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house; 3. If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.
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Summary. Second, the real estate certificate inquiry method:
1. Online inquiry: click on the provincial and municipal links to enter the local real estate management bureau** for inquiry - > need to enter the name of the property owner and the property right certificate number (at present, only some areas provide housing property rights information inquiry);
2. Real estate bureau inquiry: If you want to inquire about accurate personal real estate certificate information (including: house owner name, property right certificate number, registration approval date, construction area, housing design use, rights**, whether the house is mortgaged, whether it is seized, etc.), you must bring your personal identity documents and real estate certificate to the local housing bureau (real estate trading center, housing authority, housing management office) archives or window inquiry.
Do you have a real estate certificate number if you don't take the keys to the house?
Do you have a real estate certificate number if you don't take the keys to the house?
After handing over the house, there will generally be a real estate certificate number.
You have to go there and ask for the title deed number.
After handing over the house, there may not be a real estate certificate immediately, only the existing house project can get the certificate when it is delivered.
2. Inquiry method of real estate certificate: 1. Online inquiry: click on the provincial and municipal links to enter the local real estate management bureau** for inquiry - > need to enter the name of the property owner and the property right certificate number (at present, only some areas provide housing property rights information inquiry); 2. Real Estate Bureau inquiry:
If you want to check the accurate information of the personal real estate certificate (including: the name of the house owner, the title certificate number, the date of registration approval, the construction area, the design and use of the house, the rights**, whether the house is mortgaged, whether it has been seized, etc.), you must bring your personal ID and real estate certificate to the local housing authority (real estate trading center, housing authority, housing management office) archives or window for inquiry.
Ok thanks.
You're welcome.
Yes, the mortgage is just a mortgage stamp.
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