-
1. If the house is demolished but the contract has not been transferred, the demolition money shall belong to the original owner, but the original owner shall compensate the buyer for economic losses.
2. Because the ownership of the house is subject to registration, the owner of the house that has not been registered for transfer should still be the original owner. In this case, the original owner of the house is the person being demolished, so the house demolition money should belong to the original owner.
3. However, the house sale contract signed by the two parties is valid, both parties shall perform, and the original owner has the obligation to assist in the transfer procedures, because the transfer procedures have not been completed, the house sale contract has not been effectively performed, and the house has been demolished, the sale and purchase contract has been unable to be performed, the buyer's contract purpose can not be realized, and thus caused economic losses to the buyer, therefore, the original owner should compensate the buyer for economic losses.
-
Legal analysis: If the land-expropriated village or villager group is revoked, and although the system is not revoked, but does not meet the conditions for relocation, the demolished person can choose monetary compensation, or can choose to exchange the property right house with the same value as the monetary compensation.
Legal basis: Article 14 of the Interim Regulations on the Registration of Immovable Property Article 14 Where an application for registration of immovable property is made for sale, creation of mortgages, etc., both parties shall jointly apply for it.
In any of the following circumstances, the parties may apply unilaterally:
1) The immovable property that has not yet been registered is applied for registration for the first time;
2) Inheritance or acceptance of bequests to acquire immovable property rights;
3) The establishment, modification, transfer, or extinction of immovable property rights in effective legal documents of the people's courts or arbitration commissions, or effective decisions of the people's courts;
4) The name or title of the right holder or the natural situation changes, and the application for modification of registration is made;
5) The immovable property is lost or the right holder gives up the rights of the immovable property and applies for cancellation of registration;
6) Applying for correction of registration or objection to registration;
7) Other circumstances where laws or administrative regulations provide that a unilateral application may be made by the parties.
-
If the transfer of ownership is not registered after the housing transaction, the buyer must provide evidence of its own ownership of the house to the housing demolition department during the investigation and registration, otherwise the compensation for the demolition will be compensated to the registrant of the house ownership.
What does a demolition compensation agreement involve?
1. Specific measures for compensation for demolition.
In practice, compensation for demolition and relocation can be monetary compensation or property rights replacement. In the case of monetary compensation, it is necessary to clarify the calculation of the compensation amount and determine the final compensation.
In the case of property rights replacement, the location and area of the replacement should be agreed in detail, so as to avoid disputes between the two parties after signing the agreement and demolishing the house.
2. The time of payment of the demolition compensation, or the time limit for the delivery of the resettlement house.
According to the regulations, "before making a decision on housing expropriation, the expropriation compensation fee shall be in full place, stored in a special account, and earmarked for special use." "Therefore, before the demolition party makes a decision, it must ensure that there is a sufficient amount of compensation, so when the demolition agreement is agreed, it can also determine the time of payment of compensation and the delivery time of resettlement housing.
3. Liability for breach of contract.
Generally speaking, after signing the demolition compensation agreement, if the demolished house cannot be paid when it expires, or the compensation cannot be paid, then the demolished person can actively sue to protect his rights according to the agreement.
What should I do if the compensation for rural house demolition is unreasonable?
1. The illegal situation of demolition and relocation can be reported to the relevant national natural resources inspectors: the national chief inspector of natural resources and the provincial and municipal natural resources inspectorate stationed in the local government shall supervise the following land use and land management
farmland protection;
land conservation and intensive utilization;
the preparation and implementation of territorial spatial planning;
the implementation of the state's major land management decisions;
Enforcement of land management laws and regulations. The State Natural Resources Supervision Department may issue an inspection opinion to the local people who are being inspected, and may also interview the local people who are being inspected, and may put forward a proposal to the relevant authorities to investigate the responsibility of the relevant responsible persons in accordance with the law.
2. Entrust a lawyer to intervene as soon as possible. The demolition and relocation of rural villagers' houses shall be in accordance with the principles of compensation before relocation and improvement of living conditions, respect the wishes of rural villagers, and give fair and reasonable compensation by means such as rearranging homestead land for construction, providing resettlement housing, or monetary compensation, and compensate for relocation and temporary resettlement costs caused by expropriation, so as to protect rural villagers' right to live and their lawful rights and interests in housing property.
1. If the house is demolished but the contract has not been transferred, the demolition money shall belong to the original owner, but the original owner shall compensate the buyer for economic losses. >>>More
Be sure to get the car back, the road maintenance fee is the country, and no one is missing. If it takes a long time, the road maintenance fee plus the late fee will cost hundreds of thousands of dollars in a few years, and you can't give it, and by the time the court comes to summon it, it will be too late. In the past, many people have suffered from this, all because they do not have a household, and some accidents have occurred and the court has sealed the properties involved.
Real estate inheritance refers to the act of transferring the real estate left by the decedent to the heirs in accordance with the provisions of the Inheritance Law. So, what to do with the procedures for the transfer of inheritance real estate, find the legal network to introduce it to you, I hope to help you. >>>More
I bought a house without a real estate certificate.
Yes, it is still necessary to apply for the real estate certificate as soon as possible. Because the law stipulates that the real estate certificate must be issued within 90 days after the delivery of the house, it is a requirement for the developer and the owner on the premise that there is no agreement on the time limit for applying for the real estate certificate, unless otherwise agreed between the owner and the developer. Only the title certificate is the only legal proof of property ownership. >>>More
This is a two-sided issue.
After the loan is paid, you can complete these procedures with the bank, indicating that you no longer owe money to the bank, and the mortgage will be released. >>>More