Can a house without a house be traded, and how can a house without a house be traded

Legal analysis]: A house without a house cannot be traded. From the perspective of national laws and policies, houses without real estate certificates are absolutely not allowed to be traded, because according to the laws of our country, the sale and purchase of houses must be subject to transfer.

A house without a house without a real estate certificate cannot be loaned, transferred, notarized, etc., and a house that cannot go through the transfer procedures cannot be protected by the relevant laws of the state.

Legal basis"Law of the People's Republic of China on the Management of Urban Real Estate" Article 61 To obtain land use rights by way of transfer or allocation, you shall apply for registration with the local people's land management department at or above the county level, and the land use right certificate shall be issued by the people at the same level after verification by the local people's land management department at or above the county level. If a house is built on the land for real estate development obtained in accordance with the law, it shall apply for registration with the local people's real estate management department at or above the county level with the land use right certificate, and the local people's real estate management department at or above the county level shall verify and issue a house ownership certificate.

When real estate is transferred or changed, it shall apply to the local people's ** real estate management department at or above the county level for registration of real estate change, and apply to the people's ** land management department at the same level for registration of change of land use right with the changed house ownership certificate, and the people's ** land management department at the same level shall replace or change the land use right certificate after verification by the people's ** land management department at the same level. Where the law provides otherwise, it is to be handled in accordance with the provisions of the relevant laws. Article 63: Where the people of provinces, autonomous regions, or municipalities directly under the Central Government determine that the local people** at or above the county level are uniformly responsible for real estate management and land management by a single department, they may make and issue a unified certificate of real estate rights, and in accordance with the provisions of Article 61 of this Law, the ownership of the house and the confirmation and change of the land use right within the scope occupied by the house shall be respectively included in the real estate right certificate.

The house cannot be transferred without a title deed.

The real estate certificate is the proof of ownership of the property, and the house without the real estate certificate has the obstacle of no property ownership certificate, and it is not possible to register and receive the ownership certificate and go through the house transfer procedures according to the law.

A second-hand house without a real estate certificate cannot be transferred, and the procedures cannot be completed at the housing authority. If you want to buy it, there is a risk. At the very least, you should go to a notary public to notarize the sale and purchase agreement.

At present, in the second-hand housing market, the transaction volume is still very good, and some houses in second-hand houses have real estate certificates, but some houses do not have them, that is to say, we call small property rights houses. So how should this kind of house be traded? Can I buy a small property right and count socks?

1. Can a house without a house be traded?

1. First of all, according to the regulations of our country, if there is no house capital, that is to say, there is no real estate certificate, this kind of house cannot be traded in the market. Because this kind of house cannot be used for loans, transfer procedures, notarization, etc., after the purchase of this kind of house, the risk is relatively large.

2. However, there is a certain market space for second-hand houses in the market, because there are many people who are willing to buy small property houses, so there will be a market. For this kind of house without property rights, some people buy and some people sell, and there are many small property rights houses in the market.

Second, how to deal with a house without a house book.

1. For a house without a house book, we first need to go through the procedures for changing the name of the contract, we can negotiate with the landlord to change the contract, and then find the relevant notary unit for notarization, and the notarial certificate must be submitted.

2. Then when buying a house, there may be no way to take out a loan, and we can take a one-time purchase. Then change the name of the contract, so as to ensure that the house belongs to the buyer and avoid any disputes over the ownership of the house in the future.

3. What are the types of houses that can be used without real estate certificates?

1. The first is that because of special reasons, the real estate certificate has not had time to be processed, and this kind of house can be traded. Many people buy off-plan housing, but it has not been officially completed, and the real estate certificate has not been processed.

2. The second is that there was a real estate certificate, but it was accidentally lost, and this kind of house can also be **. Because although we don't have a real estate certificate in hand, there is a file in the housing management department, so we just need to check it.

Summary: In the current second-hand housing market, houses with small property rights are also more popular, but this kind of house has no way to handle the transfer and no real estate certificate, so both parties must pay attention to protecting their legitimate rights and interests when trading, and when signing the contract, it is best to handle the name change process.

Legal analysis: The Civil Code stipulates that if the house does not obtain the property ownership certificate, it will not affect the sale and purchase of second-hand houses, but the house without the property ownership certificate cannot be registered.

Legal basis: Civil Code of the People's Republic of China

Article 143:Civil juristic acts that meet the following requirements are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 209 The creation, alteration, transfer and extinction of real estate 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.

Detailed Rules for the Implementation of the Interim Regulations on the Registration of Immovable Property

Article 38 Those who apply for registration of the right to use State-owned construction land and the transfer of ownership of houses shall, according to different circumstances, submit the following materials:

1) Certificate of ownership of immovable property;

2) Contracts of sale, exchange, and gift;

3) Materials inherited or bequeathed;

4) Split or merger agreements;

5) Legal documents effective by the people's courts or arbitration commissions;

6) The approval documents of the people** or the competent department with the right to approve;

7) Proof of payment of relevant taxes and fees;

8) Other necessary materials.

If the immovable property sales contract shall be filed in accordance with the law, the applicant shall submit the recorded sales contract when applying for registration.

The Law of the People's Republic of China on the Administration of Urban Real Estate stipulates that houses that have not obtained a housing ownership certificate cannot be traded. However, the signing of the sales contract by the parties in respect of the house is an act of creditor's right and does not directly have the effect of transferring the real right, so the seller's failure to obtain the house ownership certificate does not affect the validity of the sales contract. Although the house sale contract signed without obtaining the ownership certificate is legal and valid, it is necessary to pay attention to the risks existing in selling and buying the house.

For the buyer, the house cannot be registered for the transfer of ownership for the time being, because the transfer of real estate ownership is subject to registration, before the transfer of the ownership of the house to the buyer, the house is registered in the name of the developer, and the contract filing is filed in the name of the seller, if the house is seized due to the seller's creditor's rights and debts dispute, the buyer is likely to obtain the real estate ownership of the house involved in the case without the sedan orange law, and can only claim from the seller to terminate the contract and compensate for losses.

Article 38 of the Law of the People's Republic of China 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;

C) the right to reclaim the right of repentance of land use 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.

Judging from the current housing market, many people's houses have not yet been issued a few years after the delivery of the house, and many homeowners want to ** this house for various reasons, so what should I do at this time? According to the relevant laws and regulations, real estate that has not been registered in accordance with the law to receive the ownership certificate shall not be transferred, so it can be seen that the law does not protect the act of signing a sales contract without a real estate certificate, so how to trade a house without a house capital? Let's take a look.

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

Generally speaking, the house in this case has not yet been filed with the relevant departments, so relatively speaking, it is easier to deal with, and the buyer and seller can directly receive the developer for contract transfer, that is, negotiate with the developer, re-sign a purchase contract with the buyer, and take back the old purchase contract, and then the buyer will pay the down payment to the seller on the promotion of the clearance.

Second, the mortgage is being repaid, and the house has not yet been delivered.

1. Direct name change.

1) If this is the case, the seller is first required to repay the loan in the bank, and take the settlement certificate they give to the housing authority to get the contract, and then ask the developer to go to the real estate bureau with the contract and the cancellation registration form to go through the cancellation procedures for the house, and after the cancellation is completed, the buyer and the developer will sign a new commercial housing sales contract, and then go to the housing authority to re-file.

2) If you want to change the name directly, the house must pay off the bank loan, and at the same time must obtain the consent of the developer, and the buyer can no longer mortgage, must buy in full, the advantage of this method is that the procedure is simple, and the whole process has no taxes.

2. The two parties agreed to wait for the real estate certificate to come down and then transfer the ownership.

Strictly speaking, this method belongs to the transaction of second-hand housing, so the amount of tax to be paid is more, such as personal income tax is 1% of the total house price, and the deed tax is 1% of the total house price if the deed tax is less than 90 square meters; 90 square meters and 140 square meters are the total room payment before the noise; 3% of the total room price for more than 140 square meters, and the business tax is.

Summary: Well, the above is the introduction of how to trade a house without a house, I hope to provide you with some help, I believe that in the future in the process of how to trade a house without a house, friends will be more handy, get their own satisfactory answers.

Summary. Hello, this side is inquiring for you, please wait a while, I will reply to you immediately!

Hello, this side is inquiring for you, please wait a while, I will reply to you immediately!

Hello, I am happy to answer for you: No, first of all, from the perspective of national laws and policies, real estate without property rights certificate is not allowed to be traded. Because China stipulates that the purchase and sale of real estate is subject to the registration of ownership transfer (that is, the so-called "transfer"), the real estate without the property right certificate cannot be transferred, and the state does not protect the real estate transaction that does not reach the household.

Secondly, because without the title certificate, there will be no loan, no transfer, and no notarization, and the signed agreement will also be invalid. Third, if you can't handle the transfer without the property right certificate, then the hidden risk will be very large, and the ownership of the property is still the original owner's if you don't transfer the property. For example, if the original owner is divorced, the property will be divided, and if he has debts and is sued, then the property will be listed as enforceable property by the court.

I hope the above is helpful to you, and if you are satisfied with me, please give it a thumbs up

According to the relevant regulations of our country, if there is no property right certificate obtained in accordance with the law, the property rights can not only not be transferred, but also the property rights will not be protected by the law, and some of the properties that belong to the illegal construction can not be listed and traded. When buying and selling second-hand houses or buying off-plan houses, it is not recommended to buy a small property without a real estate certificate, or a house that cannot handle all the property rights of the house. Most of the small property rights can only be circulated in the township collective, can not be transferred to others, although this kind of housing will be cheaper than the regular commercial housing **, but because there is no real estate certificate, so if the future demolition can not enjoy the corresponding rights protection.

For the purchase of off-plan housing developers do not have the conditions to have 5 certificates, there is no way to apply for real estate ownership certificates in the future, if there is a real estate dispute, the same can not protect their own rights and interests, for buyers, it is easy to have a situation of empty money and housing. Hope it helps.