Buying a house for 7 years without applying for a real estate certificate is difficult to do, and it

The deed tax is paid by the buyer, that is, the owner, when the property is traded, and the developer in the question pays the deed tax.

Incremental housing mortgage loans can be pre-mortgaged first, but generally only applicable to the developer's complete procedures, full payment of taxes and fees, and the ability to apply for other warrants at any time. According to the problem description, the property right certificate has not been completed for 7 years, indicating that the developer has not completed the procedures or has not paid taxes and fees. According to the Property Law, the property rights of the real estate built by the developer, both completed and unbuilt, belong to the developer.

If the property rights cannot be registered, then if the owner does not repay the loan in the future, the bank cannot freeze the house corresponding to the auction. It is reasonable for the bank not to handle the pre-mortgage and not to lend money.

The explanation issued by the bank to find the leader in charge to sign is actually to find ** endorsement for property rights disputes that arise in the future. However, real estate development projects involve a wide range of money and involve huge amounts, which cannot be borne by any leader personally, and it is reasonable and legal for the leader not to sign.

The problem is not in the bank, nor in the competent department, let alone the individual leader. The ultimate problem lies with the developer. It is the developer's own problems that cause the house to not be able to register the title.

Whether it is a formality problem or a developer's financial constraints and inability to pay taxes, they have to solve it themselves. And it is very discouraged that the owner pays for the developer to pay for it himself, which is more risky.

You can find the relevant departments to apply for the real estate certificate, because most of the real estate certificates are now handled by the community. If you can't do it yourself, then you can consult the relevant departments, if the whole community can't do it, it may be illegal construction, or other reasons. Now that information is very developed, there is always a solution.

Then complain to the local construction administrative department.

Legal analysis: If the buyer fails to obtain the house 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 a special agreement: (1) The time limit for handling the registration of house 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.

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 basis: "Regulations on the Administration of Urban Real Estate Development and Operation" Article 33 If the buyer is unable to register the ownership of the house more than one year after the expiration of the time limit for the registration of house ownership, due to reasons attributable to the seller, the buyer's request to terminate the contract and compensate for losses shall be supported.

Summary. Hello dear, happy to answer your <>

If you haven't applied for the real estate certificate after buying the house for 7 years, you can negotiate with the developer to bear the liability for breach of contract, or you can request to terminate the contract and compensate for losses.

It's been 7 years since I bought the house, and I haven't gone to apply for the real estate deed.

Hello dear, happy to answer your <>

If you haven't applied for the real estate certificate after buying the house for 7 years, you can negotiate with the developer to bear the liability for breach of contract, or you can request to terminate the contract and compensate for losses.

Legal analysis: Under normal circumstances, the real estate certificate can be handled, and it is necessary to bring the purchase contract, payment bill, ID card, household registration book, marriage certificate, and local housing situation certificate to the local housing management, consult and pay the deed tax, and go through the name and real estate certificate procedures. If the contract is breached, the liquidated damages shall be calculated according to the standard agreed in the contract signed by both parties, generally not more than 20% of the principal, and if there is no agreed liquidated damages, only compensation for losses can be claimed.

Legal basis: "Measures for the Administration of Commodity Housing Sales" Article 34 Real estate development enterprises shall, before the delivery of commercial housing, entrust units with real estate surveying and mapping qualifications to carry out surveying and mapping according to the project, and the surveying and mapping results shall be submitted to the real estate administrative department for examination and approval for housing ownership registration. The real estate development enterprise shall, within 60 days from the date of delivery of the commercial housing, submit the information required by it to handle the registration of housing ownership to the real estate administrative department where the housing is located.

Real estate development enterprises shall assist the buyers of commercial housing in handling the formalities for the change of land use rights and the registration of house ownership.

First of all, it is necessary to coordinate and negotiate with the developer, clarify the reasons why the housing certificate cannot be processed on time, and how long it will take, so that the developer can come up with relevant opinions and methods to solve the breach of contract between the buyer and the seller. Secondly, if the opinions of the buyer and the seller are quite different and cannot reach an agreement, it is necessary to use judicial litigation to protect their rights.

China's law stipulates that if the real estate certificate has not been applied for within the time limit, the liability for breach of contract shall be borne in accordance with the agreement of the sales contract of the commercial house, and if it is difficult to determine the amount of liquidated damages or losses without agreeing on it, the buyer can calculate it according to the total amount of the purchase price already paid, with reference to the standard of financial institutions on calculating overdue loan interest stipulated by the People's Bank of China. There are three types of periods of liability for breach of contract that the seller should bear:

1) The time limit for the registration of the ownership of the house as agreed in the sales contract of the commercial house;

2) If the subject matter of the sales contract of the commercial housing is the 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.

Xiao Li bought a house three years ago and has yet to get the real estate certificate. He negotiated with the developer many times, but the developer has delayed again and again, and has not issued him a certificate until now. Now Xiao Li wants to change his house to live in, and he needs to sell his current house to make enough down payment, but he can't sell it without a real estate certificate.

How to solve it?