How harmful is not applying for a real estate certificate, and what are the consequences of not appl

If you don't have a real estate deed, you should buy a house carefully. First of all, from the perspective of national laws and policies, real estate without a 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.

Secondly, we also recommend that you do not buy this type 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. Third, if you can't handle the transfer without the title certificate, then the hidden risks 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.

There are a number of companies operating under the guise of notarization, but this is actually a particularly risky situation for buyers. Generally, notarial deeds are mainly notarized. In fact, such a notarial deed can be unilaterally revoked by the owner (entrusting party)!

So there's a risk. But what to do can not be too absolute, no real estate certificate on you have no impact, what is the impact, depending on the specific situation of the house, the house is urban or rural, is a commercial house or a farmer's own house, these will affect the effectiveness of your buying a house, if it is an urban commercial house, no real estate certificate is of course a very serious problem, but rural houses, no certificate is very normal. Of course, no matter where the house is, since the other party does not have a real estate certificate, the other party will definitely have to pay the price for buying your house, so after weighing the pros and cons, when making a decision on whether to buy this house, you must think clearly, what kind of problems will arise in the future, how to solve such problems, you should put what you think of, are clearly agreed in the contract.

In the future, even if the sales contract is invalid, the agreement on the settlement method of the dispute is still valid.

Affect the sale and transfer of ownership, involving children's schooling, and community welfare.

Legal analysis: It is not allowed to carry out activities such as sales, gifts, replacements, inheritances, leases, and mortgages, and even if relevant contracts are signed, they are invalid contracts and are not protected by law. When the house is demolished, it is not possible to obtain compensation for demolition in accordance with national policies and relevant demolition regulations, which is not conducive to receiving compensation when the house is lost or damaged to reduce losses.

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 off; When the developer is enforced due to a debt dispute, the real estate that has not been transferred is still the property of the developer, and can be enforced by the developer's creditor's rights in accordance with the law. It is not possible to apply for continued use of the land upon the expiration of the term of the land use right.

Legal basis: Article 209 of the Civil Code 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.

Consequences of not applying for real estate certificates: no sales, gifts, replacements, inheritances, leases, mortgages and other activities; Once demolished, it is not possible to obtain full compensation for demolition and relocation in accordance with national policies; may be at risk of forced demolition or auction; When the term of the land use right expires, it is not possible to apply for the continued use of the land.

Legal basis] Article 21 of the Interim Regulations on the Registration of Immovable Property.

The registration of the registered items is completed when they are recorded in the immovable property register. When the immovable property registration authority completes the registration, it shall issue the immovable property ownership certificate or registration certificate to the applicant in accordance with the law.

Article 60 of the Law on the Administration of Urban Real Estate.

The State implements a system of registration and issuance of certificates for land use rights and house ownership.

Article 61.

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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.