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There is no title deed, and there is a purchase contract that is also protected by law.
However, the premise is that the house must be a legal building, if it is illegal, the contract has no effect and is not protected by law.
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It is better not to buy a house without a title deed. Because the seller is not legally the owner of the house at the time of the transaction with you, he has no right to dispose of it. A house without a title deed may be an illegal building, and illegal construction is not protected by law.
In the event of a request for demolition or compulsory demolition, it is possible not to compensate.
If you must buy it, make sure you pay for it.
It also depends on the source from which you bought the house.
If you are buying a house disposed of by the court, you should keep the relevant legal documents. And in a timely manner according to the relevant documents to the management department for relevant documents.
Sign the contract first, notarize and pay later, and pay off the remaining balance to the other party after getting the real estate certificate, there is a certain risk in this operation, and there are restrictions on the sale of the house, if the owner regrets it after getting the real estate certificate, whether the money paid to buy the house can be recovered depends on the specific situation, and you are not applicable to the legal transfer of real estate through the judgment of the court.
But even if you notarize it, it doesn't necessarily count. There is a huge risk for buyers to only notarize but not to be in the house. Because in China's real estate laws and regulations, once a dispute arises between the buyer and the seller, the real estate certificate is the first evidence of the ownership of the house, and the purchase contract is the secondary evidence.
Once the seller mortgages or resells the home, the buyer's interest is not guaranteed.
In addition, the notary public should notarize according to the ownership of the real estate certificate and not according to the sales contract, and if the dispute between the two parties goes through the litigation process, its notarization will also be questioned. Buying a house is not a trivial matter, it is often hundreds of thousands, so consumers are reminded that they must be more careful about houses without real estate certificates, and there is no suitable way to deal with this kind of transaction to ensure that the interests of both parties are not lost.
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The construction of houses needs to be approved by the urban construction planning department, and no building procedures are illegal construction and are not protected by law.
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Having a legal contract for the purchase of a house is the basic condition for obtaining the right of residence in the house, and there is no problem in residence, and the contract is protected by law when it is established. However, in order to facilitate transactions in the market, it is better to apply for a real estate certificate.
If the contract is the true intention of both parties, it is not signed under the premise of coercion or deception, and the content of the contract does not violate the provisions of the law, it is legal and valid.
The Property Law provides:
Article 15 Unless otherwise provided by law or otherwise agreed in the contract, a contract concluded between the parties concerning the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.
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If there is no real estate certificate, there is no property right, and if the agreement is signed, the property right is protected by the property law, and the property right is greater than the creditor's right. Therefore, even if the agreement is protected by law, it cannot be regarded as the real property owner without the title deed. Therefore, if there is only a contract, the house still belongs to the original owner.
According to the Property Law
Article 9 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.
Article 14 Where the creation, alteration, transfer or extinction of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.
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There is only a purchase contract, can I buy a house without a real estate certificate? Don't be fooled anymore.
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If it is a newly built property, you can apply for the real estate certificate after signing the purchase contract and going through the housing procedures one after another; The real estate hall needs to be filed with the developer's purchase contract before you can apply for housing deed tax, house maintenance** and real estate certificate. In other words, you cannot apply for a real estate certificate without a purchase contract.
If it is an old property, it is not protected by law only by contract, and the original owner can only buy it by changing his name to his own.
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You can't receive the protection of the country's laws, and when you encounter demolition or re-planning in the future, the compensation money will not be given to you, and the person who sold you the house will not be compensated, and even if the compensation is given to you, it is very low.
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A legal house purchase contract is the basic condition for obtaining the right of residence in a house, and there is no problem in holding the property to live, and the contract is protected by law when it is established. However, in order to facilitate transactions in the market, it is better to apply for a real estate certificate.
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It's best not to buy such a house without any security, you must have a real estate certificate, otherwise you will basically be the result of both people and money.
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You have to look at the houses in the town, how long have their houses been built? If the time is very short, the house certificate has not come down, and it is okay to have a purchase contract. If he has been building for a long time and his house deed still hasn't come down, then there is something wrong with his land.
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I don't think there is a real estate certificate for this kind of house, so try not to buy the house. Because there will be a lot of trouble in the future. Rights are not guaranteed.
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According to the normal situation, the state has also carried out the real estate in the countryside, and if it is not successful, it can ask the other party to confirm the right. Otherwise, the private sale and purchase of real estate on collectively owned land is not protected by law. Of course, it is also possible that when you go to court, the judge will adopt the principle of free testimony and think that your rights should be protected, and he will support you.
So if you can't buy such a house, you won't buy it.
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At present, it is not possible to change the name of the real estate certificate when buying a house in rural areas, and the practice of contract is used to solve the problem of house purchase.
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For village houses, if you are a member of the village collective. It is possible to buy a house in the village. There were no problems with the demolition.
However, if you are not a member of the village collective, the purchase contract is invalid. If a demolition occurs, the seller can ask the court to confirm that the contract is void. So it is not recommended to buy it in this case.
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Can I buy a house with only a title deed?
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If the water and electricity facilities are complete, the house in the village without a real estate certificate can be bought and lived, but it is not protected by law for foreign sales. Eventually, the houses in the village will be stripped away before the land in the village can be developed.
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You call the reporter, such a cadre should ** him.
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Small property? Ask if you have a sales license.
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Is the contract for the sale and purchase of a house valid without a title deed?
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Typical illegal construction is illegal to be purchased by both inside the unit and by outsiders.
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No, this kind of house is owned by the collective, and the individual only has the right to use it, and if you want to take it back one day, you have to move to the road and sleep.
Compensation for demolition? The house is not yours, and if you buy it, you just buy a right to use it, and the compensation is also compensation to the collective.
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You can drag someone to buy and then sign a contract and transfer it to you fairly, and the purchase contract can also be notarized.
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The house cannot be transferred without a title deed.
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