Why is there no contract after getting the real estate deed?

Updated on society 2024-07-05
6 answers
  1. Anonymous users2024-02-12

    There is no contract after getting the real estate certificate, and after the real estate certificate is obtained, the purchase contract has been completed. Before you get the real estate certificate, it is a certificate of buying a house, but the real estate certificate has been obtained, which means that the house is already your own, so you don't need the purchase contract. If the buyer loses the contract after completing the pre-sale registration and has already applied for a bank mortgage, in addition to the procedures in the second case, the buyer must sign a modification agreement with the bank that handled the loan and pledge the new contract in the bank.

    Measures for the Administration of Registration of Urban Housing Ownership".

    Article 3. The term "housing ownership registration" in these measures refers to the real estate administrative department on behalf of the first class of housing ownership and the mortgage rights arising from the above rights, pawn rights and other housing rights registration, and confirm the ownership of housing property rights in accordance with the law.

    The term "housing rights holder" (hereinafter referred to as the right holder) in these measures refers to the legal person, other organizations and natural persons who enjoy the ownership of the house and the land use rights and other rights of real estate within the scope occupied by the house in accordance with the law.

    The term "applicant for housing rights" (hereinafter referred to as the applicant) in these measures refers to the legal person, other organizations and natural persons who have obtained the house and applied for housing registration, but have not yet obtained the house ownership certificate.

  2. Anonymous users2024-02-11

    The reasons for not having a contract after getting the title deed may be:

    1.The bank has a backup: the contract held by the buyer should be pledged in the bank.

    2.May be repossessed by the Housing Authority.

    The above are the reasons why there is no contract after getting the real estate certificate, I hope it will help you.

  3. Anonymous users2024-02-10

    The reason why there is no contract after getting the real estate certificate should be judged according to the specific situation.

    The reason why there is no contract after taking the real estate certificate may be due to the fact that the bank has a backup, and the contract held by the buyer should be pledged in the bank; It may also be repossessed by the Housing Authority.

    Generally, after completing the real estate certificate, there is a purchase contract, and the purchase contract is kept by yourself, and the following materials are required for the real estate certificate:

    1. The original house purchase contract and the original supplementary contract;

    2. The original uniform invoice for the sale of commercial housing;

    3. The original field surveying and mapping survey form and the floor plan of the strata subdivision of the house;

    4. Tax payment certificate.

    Among the real estate consumer complaints, disputes caused by property rights issues are the most, among which unclear property rights are the most common. If the house is a special property, the determination of ownership should be based on the title deed, so it should be clearly determined before the purchase of the house.

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

    Article 373: To establish an easement, the parties shall conclude the easement contract in writing.

    Easement contracts generally include the following clauses:

    1) The names and addresses of the parties;

    2) the location of the land for service and the land for service;

    3) the purpose and method of use;

    d) the duration of the easement;

    5) Fees and methods of payment;

    6) Methods of dispute resolution. Article 212: Where a party signs an agreement on the sale and purchase of a house or an agreement on other real estate rights, it may, in accordance with the agreement, apply to the registration authority for advance notice registration in order to ensure the realization of the real rights in the future. If, after the advance notice is registered, the immovable property is disposed of without the consent of the right holder of the advance notice registration, the real right shall not take effect.

    After the advance notice is registered, if the creditor's right is extinguished or the application for registration is not made within 90 days from the date on which the immovable property can be registered, the advance notice registration shall become invalid. Article 220 Where the right holder or interested party believes that the matters recorded in the immovable property register are incorrect, they may apply for correction of the registration. Where the right holder recorded in the immovable property register agrees in writing to make the correction or there is evidence to prove that the registration is indeed in error, the registration authority shall make the correction.

    If the right holder recorded in the immovable property register does not agree to the correction, the interested party may apply for registration of objection. If the registration authority registers the objection, and the applicant does not file a lawsuit within 15 days from the date of registration of the objection, the objection registration shall become invalid. If the opposition is improperly registered and causes damage to the right holder, the right holder may claim damages from the applicant.

  4. Anonymous users2024-02-09

    Legal analysis: No, after the real estate certificate, the purchase contract will not be withdrawn, and the buyer still needs to keep a purchase contract. After applying for the real estate certificate, you only need to leave a copy of the purchase contract to the housing management office, which is in triplicate when signing the purchase contract, one copy for the buyer, one copy for the developer, and one copy for registration and filing with the housing management office.

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

    Article 465:Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

    Article 469:The parties may conclude a contract in written, oral or other forms. The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed. Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

  5. Anonymous users2024-02-08

    1. After completing the real estate certificate and there is no contract, the parties can hold the lost one, and they can find the developer or the housing management department with their ID cards, household registration books, marital status certificates, real estate certificates, purchase bills and other documents and certificates, and make a copy and stamp the management seal of the unit to which they belong.

    2. There should be a house purchase contract in hand after the demolition of the house certificate. There are multiple copies of the contract signed at the time of purchase, at least 4 copies (all of the existing house), and more if you borrow money. There are basically 4 copies, one is the buyer, one is the seller, one is the online filing, and one is the settlement of the property certificate.

    If you borrow money, the borrowing bank asks for a copy.

    3. For provident fund loans, in addition to the lending bank, the insurance company (compulsory insurance for provident fund loans) asks for one. In the case of re-establishment of loans, the total number of these contracts is 7. If there is no contract after the real estate certificate, when the parties to the purchase contract are signed, multiple copies are held, and the parties, developers, housing authorities, banks, etc. have all held them.

    When applying for the real estate certificate, you should pay attention to the occurrence of such things, otherwise the interests of the parties will have a greater impact.

  6. Anonymous users2024-02-07

    Summary. Legal basis: Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts

    1) The time limit for the registration of housing ownership as agreed in the contract for the sale and purchase of commercial housing; (2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house; (3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract.

    Hello dear, I'm glad to answer your <>

    The reason why there is no contract after the judgment section has taken the real estate excavation certificate may be due to the fact that the bank has a backup. <> legal analysis: After the real estate certificate contract is not recovered, the buyer still needs to keep a purchase contract.

    After applying for the real estate certificate, you only need to leave a copy of the purchase contract to the housing management office, and when signing the purchase contract, it is in triplicate, one copy for the buyer, one copy for the developer, and one copy for the registration and filing of the housing management office. <>

    Basis for the return of the law: Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing: (1) The time limit for the registration of housing ownership as agreed in the contract for the sale and purchase of commercial housing; (2) If the subject matter of the hereditary sales contract for the number of commercial houses is a house that has not yet been built, 90 days from the date of delivery of the house; (3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract.

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