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Of course, this is possible, this is up to you to decide, but you must do a good job of keeping the transfer record agreement, if you don't handle it for the time being, you can first put the purchase contract.
And all the evidence materials are notarized.
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This is okay, and now there is no problem if you don't apply for the real estate certificate for the time being after the house is bought. This is equivalent to someone buying a house and transferring the ownership but has not done so, or no one can find it and keep delaying it.
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I don't think it can be done in this case, after all, you should get the real estate certificate when you buy a house in full, and you can find a way to do it if you are short of funds, but you can't do without the real estate certificate.
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You buy it in full, you don't apply for the real estate certificate, it's not your loss, the real estate certificate is not handled, theoretically the property right of the house is still the landlord, once he is willing to pay liquidated damages and violates the contract, then the loss is you. Therefore, if you pay the money, you can transfer the property quickly, and if you don't have the money to pay the full amount, you can negotiate with the landlord and agree on a contract for a loan.
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The house was bought in full, and because of the shortage of funds, the real estate certificate was not processed for the time being. But be sure to go to a notary office. Handle the notarization procedures of the real estate. With a notarial deed of real estate. The ownership of the property is oneself. When is it convenient to apply for a real estate certificate?
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The house was bought in full, but because of the shortage of funds, can I not apply for the real estate certificate for the time being?It should be possible, but you just need to remember that you don't apply for the real estate certificate, and in the future, when you go to the house and sell it again, because you are according to the time when you get the house, if you get the certificate, when you sell it, your time will be taken off, in fact, you should borrow it, first get the certificate to be practical, and then slowly pay back.
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Since the house is bought in full, in fact, it doesn't cost much to apply for the real estate certificate, so it's best to handle it in time, otherwise it is easy to cause trouble.
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The house is bought in full, and the funds are tight, and it is okay to not be able to get the real estate certificate for the time being, after all, you have a purchase contract and agreement.
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No, it's best to complete it, only the real estate certificate is your own, and it won't take long if you don't do it. Yes for a short period of time.
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Even if the house payment is paid in full, the real estate agent will apply for the real estate certificate for you within a certain period of time, so you don't have to worry about applying for the real estate certificate due to financial problems.
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If you buy it in full, because of the shortage of funds, it is okay not to apply for the real estate certificate for the time being, and you can do it after the funds are abundant.
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The house was bought in full, because of the shortage of funds, we don't apply for the real estate certificate, of course, it is okay.
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There is not much money to apply for a real estate certificate, so you can not handle it for the time being, but it is best to handle it.
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Yes, of course, there is no rule on when you have to do it.
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Yes, as long as there is a large ticket, you will have no problem postponing the real estate certificate.
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Summary. Although the buyer has actually occupied the property, but in the absence of the property ownership certificate, the property will be regarded as the developer's assets, once the developer goes bankrupt or fails, the bank and other creditors will liquidate the assets and pay off the debts, so the real estate will be paid off as the developer's assets.
If the property title certificate is not processed, the buyer must compensate for the accident that occurred in the property. Although the ownership of the property has not been transferred, the risk liability is transferred to the buyer because the buyer has taken possession of the property, and the buyer shall be liable for compensation for the damage to the property caused by the buyer. Without a property right certificate, it cannot be protected by the property law.
Buying a house in full without a property certificate can have an impact.
Although the buyer has actually taken possession of the property, but in the absence of the property ownership certificate, the property will be regarded as the developer's assets, once the developer goes bankrupt or goes bankrupt, the bank and other creditors will liquidate the assets and pay off the debts, so the real estate will be repaid as the developer's assets. If the property right certificate is not processed, the buyer shall compensate for the accident that occurs in the real estate. Although the ownership of the real estate has not been transferred, due to the buyer's possession and use of the real estate, the risk liability is transferred to the buyer, and the buyer shall be liable for compensation for the damage to the real estate caused by the buyer.
Without a property right certificate, it cannot be protected by the property law.
Although the buyer has actually taken possession of the property, but in the absence of the property ownership certificate, the property will be regarded as the developer's assets, once the developer goes bankrupt or goes bankrupt, the bank and other creditors will liquidate the assets and pay off the debts, so the real estate will be repaid as the developer's assets. If the property right certificate is not processed, the buyer shall compensate for the accident that occurs in the real estate. Although the ownership of the real estate has not been transferred, due to the buyer's possession and use of the real estate, the risk liability is transferred to the buyer, and the buyer shall be liable for compensation for the damage to the real estate caused by the buyer.
Without a property right certificate, it cannot be protected by the property law.
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What to do if you buy a house in full but can't get the real estate certificate, there are the following answers to this question: first, the owner should find out how the contract signed by the two parties stipulates the time limit for the real estate certificate, according to the principle of voluntariness of the parties, as long as the two parties have reached an agreement on this when signing the contract, and do not violate the law, this contract clause is legally binding on both parties. Secondly, if there is no relevant agreement on the handling of the real estate certificate in the real estate contract signed by the two parties, the owner can protect his legitimate rights and interests in accordance with 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 Commercial Housing clearly stipulates that if the buyer fails to obtain the certificate of ownership of the house within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless the parties have a special agreement: (1) the time limit for the registration of the ownership of the house as stipulated 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.
1. Before buying a house, you should carefully check the two certificates (1) Before signing the contract, the buyer should check clearly whether the land is mortgaged in the memo column of the original "state-owned land use certificate" provided by the developer. You can also log in to the relevant ** query. (2) Check the "State-owned land use certificate", if it is a "temporary use certificate" or mortgage, refuse to sign the contract, or must require the developer to sign a supplementary agreement, and agree to handle the "State-owned land use certificate" within a certain period of time.
2. Sign the "House Purchase Contract" (1) There should be special clauses in the "House Purchase Contract" to stipulate the relevant content of the house property right and the real estate certificate, not only to stipulate the specific deadline for handling, but also to agree on the treatment method that cannot be handled on time. If the seller fails to obtain the ownership certificate of the building where the commercial house is located within the time limit specified in this paragraph due to the seller's responsibility, the buyer has the right to move out. (2) For off-plan housing, 90 days can be calculated according to the date of delivery of the commercial housing agreed in the contract as the starting point.
For existing houses, it can be calculated for 90 days according to the date of signing the sales contract. (3) The liquidated damages for check-out should be clear. 3. The method and date of transfer registration shall be agreed upon (1) After the delivery of the house, the transfer registration can be handled in the following ways:
Both parties jointly apply to the ownership registration authority for the registration of the transfer of housing ownership; The buyer shall register the transfer of ownership of the house on its own; The buyer agrees to entrust a third party to apply to the ownership registration authority for registration of the transfer of ownership of the house. (2) If, due to the seller's responsibility, the buyer fails to obtain the certificate of ownership of the house within the agreed time, the buyer shall have the right to vacate the property. If the buyer moves out, the seller shall refund all the payments made and pay liquidated damages to the buyer.
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Abstract: If the real estate certificate has not been issued, it is the only legal document for exercising the right to occupy, use, benefit and dispose of the house, otherwise it cannot be proved. According to Article 5 of the Administrative Measures for the Registration of Urban Housing Ownership, the house ownership certificate is the only legal certificate for the right holder to have the ownership of the house in accordance with the law and exercise the right to occupy, use, benefit and dispose of the house.
Housing rights registered in accordance with the law are protected by national law. The registration of housing ownership shall follow the principle that the ownership of the house and the subject of land use rights within the scope occupied by the house shall be consistent.
What are the regulations for not getting a real estate certificate after buying a house in full?
Hello, here is a lawyer to consult.
If the real estate certificate has not been issued, it is the only legal evidence for exercising the right to occupy, use, benefit and dispose of the house, otherwise it cannot be proved. According to Article 5 of the Administrative Measures for the Registration of Urban Housing Ownership, the house ownership certificate is the only legal certificate for the right holder to have the ownership of the house in accordance with the law and exercise the right to occupy, use, benefit and dispose of the house.
Housing rights registered in accordance with the law are protected by national law. The registration of housing ownership shall follow the principle that the ownership of the house and the subject of land use rights within the scope occupied by the house shall be consistent.
I hope my reply can help you and be useful to you, and I wish you a smooth follow-up process.
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Why can't it be handled, what is lacking and what is missing?
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If it is a new house, usually after handing over the house, you can get the real estate certificate in three months, and if it is a second-hand house, then after the transfer, you can get the real estate certificate in about a month.
Real estate certificate application process:
Step 1: Sign the entrustment agreement.
Usually there is a clause in the "Purchase Contract" regarding the entrustment of the developer to handle the real estate certificate on behalf of the developer, which itself can be regarded as a separate entrustment agreement. In addition, many developers will require the buyer to sign a separate title deed in addition to the "purchase contract" and agree to give them a power of attorney for deed tax and public repairs** before moving in.
Sometimes, the developer will entrust the relevant formalities to a special ** company or lawyer.
At this time, you can choose that the developer or **company only handles the relevant procedures, and you will pay taxes such as deed tax and public repairs** by yourself.
Step 2: Pay the real estate certificate agency fee, public maintenance**, deed tax, stamp duty.
When you check in, the developer will often ask for these fees. Notes:
1.Before you pay the money, please understand the standard of these taxes and fees in order to verify whether the developer has calculated correctly, which can be found in Appendix 11 of this book.
2.After paying the money, you must keep the receipt voucher, and you must ask the receiving unit to stamp the official seal, and do not accept "white slips".
Step 3: Collect the title deed at the agreed time.
After the developer or ** company pays the above taxes and fees, applies for the real estate certificate, and goes through the mortgage registration, you can get the real estate certificate.
If the lending bank seizes the title deed and the purchase contract, be sure to find an opportunity to carefully verify the records on the title deed, and if there is an error in the record, you should request to change it in time.
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