I myself bought a house in the town, but I haven t gotten the title deed for six years, is it legal

First of all, the provisions of the Real Estate Management Law are administrative in nature, and the violation of such provisions does not necessarily lead to the invalidity of the contract. Article 17 of the Property Law stipulates that "the certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property.

The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register; In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register. "The real estate ownership certificate is only a proof, and only serves as evidence to prove that the house is yours and not someone else's. Besides, there is no other meaning.

Property law regulates the ownership and utilization of static property, and does not involve the judgment of the validity of contracts. Therefore, the contract law should still be applied in the field of transaction circulation of adjustments, and the validity of the contract should be judged in conjunction with other laws and administrative regulations.

Secondly, the real estate certificate is a proof of ownership, and the absence of a real estate certificate means that there is no ownership, and the sale of a house without ownership is a disposition without the right to dispose of it. However, an act of disposition without authority takes effect after the person without the right to dispose of it obtains the right to dispose of it, and it becomes an act of having the right to dispose of it. Article 9 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Contract Law of the People's Republic of China provides:

In accordance with the provisions of paragraph 2 of Article 44 of the Contract Law, where laws and administrative regulations stipulate that a contract shall go through approval formalities, or go through formalities such as approval or registration before it takes effect, and the parties have not completed the approval formalities before the conclusion of the debate in the court of first instance, or have not completed the formalities for approval or registration, the people's court shall determine that the contract has not taken effect; Where laws and administrative regulations stipulate that a contract shall go through registration formalities, but do not stipulate that it shall take effect after registration, the failure of the parties to go through the registration formalities shall not affect the validity of the contract, and the ownership of the subject matter of the contract and other real rights cannot be transferred. According to this provision, a contract for the sale and purchase of a house without a title deed is not necessarily invalid.

You can't get a real estate certificate for six years to buy a house in the town, for this problem, it is recommended that you first go to the local real estate management department or go to the market management bureau to investigate, whether the real estate company of this ** house is qualified to issue a certificate? If you are not eligible to be licensed, then it is not legal for you to buy this apartment; If you are qualified to issue a certificate, you can join other owners to defend their rights and ask the landlord to issue a certificate. It can also be resolved by the Court of Appeal.

This kind of is actually very normal in small towns, at present, there are a lot of small property rights houses in many towns that are self-built, which have real estate certificates, and some have not gone to apply for real estate certificates, or cannot do it for various reasons, legally speaking, no real estate certificates are definitely illegal, but this kind of general no one checks.

There are such. Some may be arranged by the town, but there is no planning, so there is no way to accept, can only live temporarily, I have seen a 93-year-old community of more than 2,000 multi-storey communities, and now there is no housing certificate.

1. According to what has been said, if the developer breaches the contract, he can claim compensation in accordance with the contract. If the negotiation fails, a lawsuit can be filed.

2. You can discuss with other owners, collectively reflect this problem to the first department, figure out the problem, and solve it in a targeted manner.

This situation is that the developer has a problem and is not legitimate. You can join other owners to sue each other, and the court will make a judgment in accordance with the law.

It's been six years since you bought a house in the town, and you haven't gotten the title deed, which is not legal. The key is whether you asked the developer when you bought the house, whether the development of the real estate had obtained the land certificate, and whether it was listed as an illegal building, otherwise this phenomenon would not have occurred.

If the property ownership certificate agreed in the original purchase contract has been developed, then it is obvious that the developer has breached the contract, and you can go to the housing authority to complain to the developer.

If you don't have a house ownership certificate, it means that the house is not yours, and you will not be responsible for compensation if you encounter demolition. You can find other owners to defend their rights together, and there is great power in numbers.

It is legally illegal to have a real estate certificate, and only with a certificate can you prove that the house is yours, otherwise the receipts and agreements are not guaranteed.

You can work with other owners to defend your rights.

To see what the nature of this house is, if it is a commercial house, there must be a real estate certificate, if it is a small property right house, there is no certificate.

You can check the terms of the property title deed in the purchase agreement signed with the developer, and if he breaches the contract, you can ask him for compensation or move out.

This question is not legal or illegal, because the real estate certificate has not yet been issued, so you can only wait patiently.

Hello, this situation should be to buy an unfinished building, so it is illegal for real estate developers to do so.

Didn't get the title deed? Then you can consult with the developer first, and then you can also consult with the housing authority.

Since you have bought a house, of course, there is a purchase contract, and it is good to sue the developer according to the terms.

How did the contract agree when buying a house, and whether the real estate agent sold the house legally and compliantly when buying!

Maybe it's just that we didn't have a new countryside before.

There was only one contract, and the nature of the land was different from the commercial at that time.

Workaround:

You can immediately sue for liquidated damages, and the contract shall be agreed to compensate in accordance with the contract; If there is no agreement, the compensation will be increased by 30-50% according to the bank loan interest in the same period, and the compensation can only be obtained for two years.

1. First of all, from the perspective of national laws and policies, real estate without property right 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.

2. Secondly, it is recommended not to buy this kind of house, because without the title deed, you will not be able to take out a loan, transfer the property, or notarize, and the signed agreement will be invalid.

3. Third, if you can't handle the transfer without the property right certificate, then the hidden risk will be very large, but the ownership of the property is still the original owner's. For example, if the original owner divorces the property, the property will be divided, and if he has debts sued, then the property will be listed as enforceable property by the court.

Most buyers have bought houses that have been occupied for more than ten years and have not yet obtained the property ownership certificate.

It is stipulated that within 90 days of receiving the house, the owner can apply for the real estate certificate with his ID card, household registration book, marital status certificate, house purchase contract, payment bill, to the housing management department for consultation and payment of deed tax and maintenance**, and with the tax payment certificate.

If you don't pay taxes, you won't be able to get the title deed after 60 years.

If you hand over the tax to the developer to handle the real estate certificate, you can find the developer to reason. Or sue the developer directly to defend their rights.

Hello, I have seen your question and am sorting out the answer, please wait a while

What are the reasons why the real estate certificate cannot be issued?

1. The developer has not obtained the land use certificate or has not paid the land transfer fee.

If there is no land certificate, it is incomplete in the five certificates, and even if the construction continues to start in the future, it is also an illegal construction, and the real estate certificate cannot come down.

2. The developer has gone bankrupt or been disqualified.

If the developer goes bankrupt, the project will be unfinished, and if a new developer cannot be found to take over the development, it will be difficult to get the real estate certificate down.

3. The project is still in a mortgage state.

This situation belongs to the mortgage of the construction in progress, and there is generally no problem, but if the developer does not pay off the mortgage in time, the mortgage cannot be discharged, and the buyer cannot file even if he signs the contract, not only the loan cannot be issued, but it is also impossible to apply for the real estate certificate.

4. The project completion acceptance failed.

The project has passed the completion acceptance, indicating that the project has reached the delivery standard, which is a necessary condition for handling the real estate certificate.

5. The developer has not paid the deed tax.

At present, the deed tax of new houses is generally collected by the developer, and then handed over to the tax authorities to obtain the tax payment certificate. In fact, many developers will not pay the deed tax in time, such as paying the deed tax when receiving the house, and then apply for the real estate certificate after two years. For a time difference, it is not uncommon to use this fund for free.

6. There is an error in the area of the commercial house, and the "more refund and less compensation" has not been completed

There will basically be a difference in the area of commercial housing, which will generally not exceed the red line of 3, but it is also necessary to pay or return the house payment. If this problem is not resolved, the final area of the house cannot be confirmed, and the property rights registration cannot be completed.

7. There is a problem in the agency process.

If the agent violates the rules, the real estate certificate may not be issued.

What should I do if I can't get the real estate certificate?

1. Negotiate and settle.

If the two parties do not have much disagreement, after reaching an agreement, the two parties sign an agreement to agree on the way to bear the liability for breach of contract and how to deal with it, and the developer will compensate the buyer.

2. Send a lawyer's letter.

If the negotiation fails, a lawyer can be appointed to send a lawyer's letter to the developer. A lawyer's letter can serve as a reminder and warning to the other party, urging the other party to take the initiative to take responsibility, which is much more convenient than the judicial channel, but the lawyer's letter is not mandatory, and if the other party refuses to compensate, it is still necessary to file a lawsuit.

3. File a lawsuit.

If the developer still refuses to solve the problem after negotiation and sending a letter, it can file a lawsuit in the court, requiring the developer to continue to perform the contract or request to terminate the contract, and at the same time investigate the developer's liability for breach of contract.

If you want to contact the developer to cooperate, you can't do it yourself, and many places need developers.

The house ownership certificate is the legal basis and transaction value carrier of the real estate transaction, and the general law is that when the real estate transaction is carried out, that is, when the house is bought and sold, the buyer formally enjoys the right of retention, mortgage and disposal as prescribed by law after the house property right transaction is changed or renamed.

For the sale and purchase of a house in the owner's hometown, there should be two certificates (some places are combined into one certificate) house ownership certificate and land use right certificate, if it is a single one, it should include the right to use the base plot under the house.

If it is a contract or agreement with a house transaction, it is called a private agreement. It is equivalent to a long-term rental agreement. If the local housing management office (sub-bureau) has a formal contract, it should apply for filing, registration, and submit materials for the housing property right certificate as soon as possible in this format.

In this way, the house is protected by law.

No, who will protect you without a real estate certificate.