Can I check out without a real estate certificate for three years?

If you buy a house for three years, you can check out without a title certificate. According to the provisions of the Civil Code, the ownership of a house is subject to registration, and a house without a real estate certificate cannot be registered. According to the laws of China, if the real estate registration period is more than one year over, and the buyer is unable to complete the real estate registration due to the seller's reasons, and the buyer requests to terminate the contract and compensate for losses, it shall be supported.

Article 209 of the Civil Code stipulates that 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.

If the developer fails to obtain the property right certificate of the house within the time agreed in the purchase contract, the buyer can move out; (7) The error of the house area is more than 3%.

After the title deed is processed, the ownership of the house has been transferred, and the buyer cannot move out unless it is agreed in the contract. If the seller has completed the real estate certificate for the buyer, but the seller advances money, and the contract stipulates that if the buyer refuses to perform the payment obligation as agreed, the seller can terminate the contract and require the buyer to move out and bear the corresponding losses.

Legal analysis: If you don't get the real estate certificate, you have to look at whose reason you can determine whether you can check out. Under normal circumstances, if the buyer does not get the real estate certificate due to his own reasons, he can move out after negotiation and agree.

If the buyer is unable to register the ownership of the house due to reasons attributable to the seller, and the time limit for registration of the ownership of the house exceeds one year after the expiration of the time limit, and the buyer requests the court to make a judgment to terminate the contract and compensate for losses, the court shall support it.

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 Contracts for the Sale and Purchase of Commercial Housing Article 18 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 otherwise agreed by the parties:

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 built, 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, it shall be 90 days from the date of conclusion of the contract.

If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

Legal analysis: If the time limit has been exceeded by one year according to the provisions of the commercial housing sales contract or Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation, the developer may be required to check out 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 Article 18 If the buyer fails to obtain the housing ownership certificate within the following time limits due to the seller's reasons, the seller shall bear the liability for breach of contract unless the parties have special agreements.

Legal basis: Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation Article 33 If the deadline has been exceeded by one year, the developer may be required to move out.

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》 Article 18 If the buyer fails to obtain the housing ownership certificate at the expiration of the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties.

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 stipulates that if the time limit for handling the registration of house ownership agreed in the contract exceeds one year after the expiration of the time limit for the registration of house ownership, the buyer may request to terminate the contract and compensate for losses if the buyer is unable to register the house ownership due to reasons attributable to the developer.

Therefore, if you fail to apply for the real estate certificate due to the developer, you can ask to check out.

2. Can the developer request to check out if the developer postpones the delivery of the house?

According to the relevant provisions of the Contract Law, when the developer delays the delivery of the property for more than 3 months, the consumer has the right to terminate the contract, but the right of termination can only be exercised within one year, and if the contract is not terminated within one year, the contract cannot be terminated, and can only claim compensation.

If only compensation for losses is claimed, then according to Article 135 of the General Principles of the Civil Law, the statute of limitations for filing a request to the people's court for protection of civil rights is two years, unless otherwise provided by law. However, a party can only claim damages for two years from the time of commencement of the proceedings. Because the part beyond the litigation period, the right to win the lawsuit granted by the law disappears, that is, this part of the compensation has no legal protection, but the liability for breach of contract during the period is not eliminated, if in the contract or in the agreement, there is a clause requiring the performance of the liability at any time until the delivery of the building, the law guarantees that it has always had the right to claim compensation.

1. Whether it is possible to check out without a property right certificate after buying a house for three years in the Civil Code

The Civil Code stipulates that all houses are subject to registration, and houses without property ownership certificates cannot be registered. If you do not know that the house does not have a real estate certificate and buy it, you can apply to the court to revoke the house sale contract and request a refund after three years.

2. Relevant legal provisions

Civil Code of the People's Republic of China

Article 143: [Requirements for the Validity of Civil Juristic Acts]Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 146:[Effect of False Representation and Concealment]Civil juristic acts carried out by the actor and counterpart with false expressions of intent are invalid.

The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 148:[Effect of Civil Juristic Acts Carried Out by Fraudulent Means]Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request that the people's court or arbitration institution revoke it briefly.

Article 188:[Ordinary Statute of Limitations, Longest Period for Protection of Rights]The statute of limitations period for requesting protection of civil rights from the people's court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.