Can the house be resold if it has not been handed over?

Legal analysis: The house has not been handed over and can be resold. If the house is not handed over and re-sold, the following conditions need to be met:

1. The buyer can accept that there is no real estate certificate, there is no existing house, and the transaction status can be fully cooperated. 2. You can go directly to the sales department with the buyer to change the name. 3. You don't need to pay any taxes.

4. After the name change is completed, the real estate certificate will be issued in the name of the new owner.

Legal basisInterpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing Article 14 If the buyer fails to obtain the certificate of ownership of immovable property 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 immovable property as stipulated 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, 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 charge interest on overdue loans stipulated by the People's Bank of China.

OK.

Yes, the following conditions must be met to sell a new house without handing over the house:

1. The buyer must be able to accept that there is no real estate certificate and no existing house.

2. You can go directly to the sales department with the buyer to change the name, and the person in charge of the sales department cooperates.

3. Another advantage of this is that you don't have to pay any taxes.

4. After the name change is completed, the real estate certificate will be issued in the name of the new owner.

Because there will be no real estate certificate before handing over the house, the house without the real estate certificate cannot go through the transfer procedures. I just paid the full amount, did not go through the filing and registration with the housing authority, and only signed a purchase agreement with the developer, and the developer can find a relationship to achieve the purpose of changing the name. If the pre-sale contract of commercial housing has been signed and the housing authority has filed for the record, it is impossible to change the name, so you can only wait for the property right certificate to be completed and then go through the procedures for sale and transfer.

The rules for the transfer of ownership of the house are as follows:

1. Whether the materials provided by the parties are legal and valid;

2. Whether the content filled in the application form is consistent and correct with the materials provided;

3. Whether the ownership of the real estate is clear, whether there are ownership disputes or unclear other rights, and whether it falls within the scope of the "Measures for the Transfer of Real Estate";

4. Whether the transferee can transfer the real estate according to the regulations;

5. Whether the real estate bought and sold has been mortgaged;

6. Whether the lessee waives the right of first refusal in the purchase and sale of leased real estate;

7. Whether the co-owner waives the right of first refusal in the purchase and sale of jointly owned real estate;

8. Other contents that the real estate transaction management agency deems should be reviewed.

If the buyer and seller have any objection to the decision not to transfer the ownership made by the municipal, district or county real estate transaction management agency, they may apply to the municipal real estate bureau for administrative reconsideration, or they can directly file a lawsuit with the people's court.

Legal basis

Regulations on the Administration of Urban Real Estate Transfer

Article 7 The transfer of real estate shall be handled in accordance with the following procedures:

1) The parties to the real estate transfer sign a written transfer contract;

2) Within 90 days after the signing of the real estate transfer contract, the parties to the real estate transfer shall apply to the real estate management department where the real estate is located with the real estate ownership certificate, the legal certificate of the parties, the transfer contract and other relevant documents, and declare the transaction**;

C) the real estate management department to provide the relevant documents to review, and within 7 days to make a written reply on whether to accept the application, within 7 days did not make a written reply, deemed to agree to accept;

4) The real estate management department verifies the declared transaction**, and conducts on-site investigation and evaluation of the transferred real estate as needed;

5) The parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the regulations;

6) The real estate management department shall go through the registration procedures for housing ownership and issue the real estate ownership certificate.

No. If the house sale contract has been signed, even if the house has not been delivered, it cannot be resold, otherwise it constitutes a breach of contract, unless there is an agreement. Houses cannot be bought or sold without a title deed.

When the buyer and seller reach an agreement, they can go through the relevant purchase and sale procedures and carry out the transaction. Article 502 of the Civil Code 6868 A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, the provisions shall be followed.

If the failure to go through the approval and other formalities affects the effectiveness of the contract, it does not affect the validity of the obligation clauses in the contract such as the performance of the letter and the approval of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

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 otherwise agreed by the parties: (1) the time limit for handling the registration of the ownership of the house as stipulated in the contract for the purchase and sale 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, 90 days from the date of conclusion of the contract.

Summary. Hello dear, can the house be resold if it has not been handed over?

Hello dear, can the house be resold if it has not been handed over?

Pro, the letter is quiet, but the following conditions need to be met: 1. The buyer must be able to accept the transaction status of no real estate certificate and no existing house and be able to fully cooperate. 2. You can go directly to the sales department with the buyer to change the name, and the person in charge of the sales department is willing to cooperate.

Pro: 3. Another advantage of this is that you don't have to pay any taxes. 4. After the name change is completed, the real estate certificate will be issued in the name of the new owner.

It should be noted that if the manuscript is still in your name after the release of the certificate, you can cooperate with the buyer to transfer the ownership.

Dear, do you have any questions that I need to answer for you?

Legal analysis: If the house has not been handed over, but there is a real estate certificate, you can bury your grandson to sell the house; However, if there is no delivery of the house and there is no real estate certificate, then the house cannot be sold, because the house without the real estate certificate cannot go through the procedures of the macro chain household. Legal basis

According to Article 214 of the Civil Code, the creation, alteration, transfer and extinction of immovable property rights shall take effect when they are recorded in the immovable property register if they shall be registered in accordance with the law. (The effective date of the expulsion of the Civil Code is January 1, 2021).

The house cannot be resold before it has been handed over, because the property cannot be transferred without obtaining the title certificate. Since the off-plan property has not yet been delivered, it is not possible to obtain the property ownership certificate issued by the state, in other words, the off-plan property cannot be transferred.

What is the process of conveyancing a house.

1. Procedures for the transfer of commercial housing.

a) Make sure that the developer has carried out the initial registration. The initial registration of the developer is a necessary prerequisite for applying for the real estate certificate by itself.

2) Determine the area of the house, apply to the housing area measurement station designated by the developer and receive the surveying and mapping form. Or bring your ID card directly to the developer to get it, or you can apply to the registration department for a survey of the area of the house.

3) Submit relevant documents and fill in the registration application form. The materials to be submitted include the purchase contract, the house settlement statement, the copy of the large real estate certificate, etc. The completed application form needs to be reviewed and stamped by the developer.

4) Pay public maintenance ** and deed tax. It should be noted that whether it is collected by the community office or collected by the bank, the payment voucher must be kept, and the payment voucher of these two payments is a necessary document for handling the real estate certificate, and once lost, it will affect the acquisition of the real estate certificate.

5) In accordance with the specified time to receive the real estate certificate, you must keep the notice of the management department to receive the certificate, and according to the time notified above to receive the real estate certificate. In addition, when paying stamp duty, property registration fees, and production costs, it is necessary to carefully check the records of the real estate certificate, especially important information such as area, location, name of the right holder, and ownership status.

Second, the second-hand housing transfer procedures.

The procedures for the transfer of ownership of Eryu are more complicated, involving banks, appraisals, agricultural taxes, housing management, land management and other parties, and if there is a problem with the property rights of the house, it is necessary to go to the property rights trading center to check the property rights.