Can I still buy a house with a title deed?

A: A house with a real estate deed can be traded in the market and can be bought.

Only the title deed house cannot be bought. When going through the real estate transfer procedures, the parties must provide the real estate certificate, land certificate and deed tax certificate and other documents, and the purchase of a house with only the real estate certificate and no land certificate cannot be transferred when going through the relevant procedures.

[Legal basis].Article 32 of the Law on the Administration of Urban Real Estate.

When real estate is transferred or mortgaged, the ownership of the house and the land use right within the scope occupied by the house are transferred and mortgaged at the same time.

Article 37.

Real estate transfer refers to the act of transferring real estate to another person by the owner of real estate through sale, gift or other legal means.

Article 42.

When real estate is transferred, the rights and obligations specified in the land use right transfer contract are transferred accordingly.

Only the title deed cannot be purchased. The purchased commercial house should have two certificates: the state-owned land use right certificate (commonly known as the small land certificate) and the house ownership certificate, and the two certificates must also be issued at the same time when the commercial house is transferred, otherwise it cannot be transferred.

[Legal basis].Article 7 of the Administrative Measures for the Sales of Commodity Housing.

Commercial housing for sale shall meet the following conditions:

1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise;

B) to obtain a certificate of land use rights or approval documents for the use of land;

3) Holding construction project planning permits and construction permits;

4) has passed the completion acceptance;

5) Demolition and resettlement have been implemented;

6) Water supply, power supply, heating, gas, communications and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction schedule and delivery date;

7) The property management plan has been implemented.

I cannot buy it.

A house with a real estate certificate and no land certificate can not be bought, and when buying a house with only a real estate certificate and no land certificate, when going through the real estate transfer procedures, the parties must provide the real estate certificate, land certificate and deed tax certificate, otherwise the transfer cannot be made. Therefore, if people buy a house with a title deed but no land deed, the transfer will definitely be rejected. If the transfer of ownership cannot be completed, the buyer will not be able to settle down.

The land certificate is issued by the local people, and it is a written document that proves that the holder has the ownership or right to use a certain area of land, and it is a legal certificate that the holder enjoys the ownership or right to use the land.

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We all know that many people will choose to buy a house now, because the ** of the house is relatively high, so people often have to put in a lot of effort to buy a house. But as the most important document of the house, the real estate deed, that is something that many buyers are worried about. The title deed is as important as the ID card of the house, so, is there a title deed to buy a house now?

Next, let's find out together!

Is there a real estate deed to buy a house now.

The answer is yes. According to the Ministry of Construction's "Measures for the Administration of Commodity Housing Sales", real estate development enterprises are required to submit the information required by them for housing ownership registration to the real estate administrative department where the housing is located within 60 days from the date of delivery of the commercial housing. Otherwise, the developer will default and the owner will delay the time to get the title certificate.

What happens if you don't get a real estate certificate for a long time.

Immovable property in our country is subject to the doctrine of effective registration. In other words, a change in the right to immovable property does not take effect without registration. If you don't get the title deed, your sale is not complete because the property is in an uncertain state

1. You cannot prove that you are the owner of the house in time.

2. You cannot create a mortgage or other security interest in the house. One day you want to take out a loan to buy something, and you can't mortgage your house.

3. You cannot gift or inherit the house. Because you can't prove that you are the owner of the house.

4. If your property rights are violated, you can't protect your property in time. The contract of the real estate company is only a proof of creditor's rights, which can only prove that there is this transaction between the two of you. But after registration, your house is really yours, because registration has the effect of real rights.

Conclusion: The above content is about buying a house now, do you have a real estate certificate? I hope it can help you. I believe that after the content introduction, what will happen to you if you do not apply for a real estate certificate for a long time? If you have more understanding, if you have a need in the future, you can also refer to it.

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Legal analysis: a house without a real estate certificate can be bought, and the state does not prohibit a house without a real estate certificate that cannot be bought and sold, but the buyer cannot obtain the real right to the house. The creation, alteration, transfer and extinction of real estate rights shall become effective upon registration in accordance with law, and shall not take effect if they are not registered.

If you buy a house without a property ownership certificate, because you don't have a property ownership certificate, you can't go through the transfer registration, and the ownership will not be transferred.

Legal basis: Article 209 of the Civil Code of the People's Republic of China The creation, alteration, transfer and extinction of immovable property 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.

At present, a considerable number of buyers only care about the house, geographical location, surrounding environment, housing quality, house type, property management and other issues, do not understand the importance of the "real estate certificate", and the other part of the buyers have used the house, thinking that even if the "real estate certificate" has not been handled, it does not affect the normal use of the house, so the "real estate certificate" has a resigned attitude to the handling of the "real estate certificate", which may make their legitimate rights and interests infringed. Can you buy a house without a property ownership certificate, from the perspective of national laws and policies, real estate without a property ownership certificate is not allowed to be traded. Real estate without a property right certificate cannot be transferred, and the state does not protect real estate transactions that do not go into ownership.

So, what are the risks of buying a house without a title deed?

1. There is a risk that the sales contract is invalid. The first legal obstacle for the seller to want to ** the house that has not yet obtained the two certificates is the provisions of Article 37 of the Real Estate Management Law of the People's Republic of China. According to this article, if the seller fails to register and receive the ownership certificate in accordance with the law, the real estate shall not be transferred.

Therefore, if the seller sells the house before obtaining the house ownership certificate, the validity of the sales contract is to be determined, and if the seller has not obtained the house ownership certificate at the time of the dispute, the sales contract shall be deemed invalid. At the same time, it is not allowed to buy, sell, gift, exchange, inherit, lease and other activities.

2. No property right certificate is equivalent to no right, and the improper risk comes from this point. In the sale of off-plan properties, the bigger problem is that no one has the right for the time being. Because of these two characteristics, the risk cannot be completely eliminated.

4. The sale of second-hand houses without two certificates can not be registered, which leaves a loophole for the seller to drill "one house and two sales", once the house price is high and the cost of default is too low, the seller is very likely to give the house to others. There are also risks of non-fulfillment of contractual obligations: failure to deliver the house, on-time delivery, quality defects, etc.

5. It is impossible to set up other rights such as mortgage rights and pawn rights, and the buyer cannot obtain loans or bear other civil liabilities through house mortgages.

6. If the real estate certificate cannot be applied for due to the illegal development of the project, the house purchased by the buyer is at risk of being forcibly demolished or auctioned.

7. It is not possible to apply for continued use of the land when the term of the land use right expires.

In accordance with the requirements of the Real Estate Management Law, the purchased commercial housing shall have two certificates: the state-owned land use right certificate (commonly known as the small land certificate) and the house ownership certificate, and these two certificates must also be issued at the same time when the commercial housing is transferred.

At present, cities across the country have begun to promote the way of two certificates and two certificates in one, that is, as long as there is a real estate registration certificate, or with the old real estate certificate or land use right certificate or two certificates, so as to ensure that the house can be bought and sold.

[Legal basis].

Article 22 of the Measures for Housing Registration stipulates that the housing registration authority shall refuse to register under any of the following circumstances:

A) not in accordance with the law to obtain planning permission, construction permit, or not in accordance with the planning permission of the area of the construction of the building application for registration;

3) The application for registration is in conflict with the information recorded in the housing register;

4) The house applied for registration cannot be specified or does not have independent use value;

5) The house has been expropriated or confiscated in accordance with law, and the original rights holder applies for registration;

6) During the period when the house is sealed in accordance with law, the right holder applies for registration;

7) Other circumstances of non-registration as provided for by laws, regulations and these Measures.