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I think it depends on how you both signed the agreement. If the agreement does not state that the house is not paid in full during this period, it is okay. Collect rent.
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The house has been transferred to you, your name is already on the title deed, the house is yours, you can use it freely, and you can rent it out for rent. But people must be honest, and you should pay back the balance as soon as possible.
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If your house has already been transferred to the buyer, you can draft an agreement with the other party if the final balance payment has not been paid. He was not allowed to live in the house until he had paid the money. If he wants to live.
You will need to pay the rent until you pay the full amount of the property. Only by doing so can you avoid unnecessary trouble later.
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Is the payment not paid because the loan has not come down or because the buyer has not paid the full amount? If the loan is not down, wait any longer, and the rent should not be collected for the time being. If the buyer can't give you the full amount in a short period of time, negotiate a settlement and let him pay you part of the rent in the form of sale and leaseback.
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It should be strictly implemented according to the provisions of the contract!
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Do the math how much it will cost you to renovate your home
The most important thing to buy a house is to transfer the ownership, without the transfer, even if the house is bought, it does not belong to you from a legal perspective, only the transfer of ownership, the house is yours. However, there are also people who are because the house has been transferred, but the house payment has not been fully recovered, which is also a worrying and troublesome question to ruin the knowledge bureau, what should I do if the final payment has not arrived? Next, I will introduce to you what to do if you sell the house and do not receive the balance payment?
What should I do if I don't receive the balance of the house and the balance has been transferred.
1. If the owner has sold the house, received part of the payment and transferred it to the buyer, and signed a contract agreement, but the balance of the payment has not arrived, then the buyer can be asked for liquidated damages, which refers to the agreement between the parties to the contract in the contract, if the contract debtor does not properly perform or does not perform the contractual obligations, the buyer can pay liquidated damages to the other buyer according to the contract agreement.
2. If the damage to the owner is caused by the sale of the house and the transfer of ownership without receiving the final payment, then the corresponding damages need to be compensated, and the damages mainly refer to the property losses caused to the other party by one party to the contract, if the breach of contract causes property losses to the other party, then the breaching party needs to make economic compensation to the other party.
3. If the buyer does not keep his promise, then the owner can continue to perform the contract, and the court or arbitration authority will make a judgment requiring the buyer to strictly follow the judgment of the court or the special performance order issued by the arbitration authority, and force the debtor to perform the contract debts within the time limit specified in the judgment, which is also executed in accordance with the contract signed by both parties.
Conclusion: The above content is about the introduction of the relevant internal fiber concession that has not received the balance of the house sold, I hope it can help you. I believe that after passing the above content, you will have a better understanding of the problem of not receiving the balance payment for the sale of the house, and if you encounter this kind of dispute in the future, you can refer to the content introduced above to help you.
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Summary. Hello, the house has been transferred and has not received the balance to do so:
If the house has been transferred and the final payment has not been received, the buyer can be urged to pay the final payment. If the contract clearly stipulates the time when the balance payment can be paid, and the other party fails to perform within the time limit, it may be required to perform and compensate for losses. If the other party refuses to perform, it can go to the people's court to sue the other party.
According to Article 577 of the Civil Code, if a party fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
What should I do if the house has been transferred and I have not received the final payment.
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<> hello, the house has been transferred and the final payment has not been received: the house has been transferred and the final payment has not been received, you can urge the buyer to pay the final payment. If the contract clearly stipulates the time when the final payment can be paid, and the other party fails to perform within the time limit, it can be required to perform and compensate for losses.
If the other party refuses to perform, it can go to the people's court to sue the other party. According to Article 577 of the Civil Code, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for continuing to perform, taking remedial measures or compensating for losses.
Legal basis: Article 577 of the Civil Code: If one of the parties fails to perform its contractual obligations or fails to hold its sails in accordance with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
According to the contract, he can be fined liquidated damages for delaying the payment.
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Summary. In this case, it is not possible to collect rent under the Civil Code of the People's Republic of China
Article 209 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.
Article 214 Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the real estate register.
Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties concerning the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract;If the property right is not registered, the validity of the contract shall not be affected.
Can I collect rent if I haven't paid the balance for the sale of the house and haven't transferred the house?
Hello. Hello.
Article 209 of the Civil Code of the People's Republic of China provides that the creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with lawWithout 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. Article 200 or 14 Where the creation, alteration, transfer or extinction of a right in immovable property shall be registered in accordance with the provisions of law, it shall take effect when it is recorded in the immovable property register.
Article 215:Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties concerning the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract;If the property right is not registered, the stool does not affect the validity of the contract.
If you are satisfied with me, you can click on my avatar to direct me to ** consultation. It is a pleasure to serve you and I wish you a happy life.
The person who bought my house was my tenant who hasn't paid it off for 3 years.
We don't have a contract.
According to the provisions of China's "Urban Real Estate Management Law", the pre-sale of commercial housing should be registered with the people's real estate management department at or above the county level to obtain the pre-sale license certificate. It is illegal to sell a house without a sales permit.
If you are satisfied with me, you can click on my avatar to direct me to ** consultation. It is a pleasure to serve you and I wish you a happy life.
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1) If the transfer of the mu pants has been completed, and the property delivery procedures have been completed at the same time, the balance shall be claimed immediately through litigation.
2) If the transfer process and property delivery process have not been completed, the other party shall pay the house price in full, and then cooperate with the buyer to complete the transfer transaction and property delivery.
Real estate transfer refers to the acquisition of real estate through transfer, sale, gift, inheritance, etc., and the procedures for changing the property rights of the house are handled at the housing ownership registration center. That is, the whole process of property right transfer from Party A to Party B. There are several different situations of real estate transfer, such as inherited real estate transfer, gift real estate transfer, second-hand housing transfer, etc.
Article 215 of the Civil Code (effective as of January 1, 2021) Unless otherwise provided by law or otherwise agreed by the parties, a contract between the parties relating to the creation, modification, transfer and extinction of immovable property rights shall take effect upon the conclusion of the contract; If the property right is not registered, the validity of the contract shall not be affected.
1. What should I do if the tenant does not move out after the lease period of the house expires.
If the tenant still requests to continue to lease the rental house after the expiration of the lease contract and refuses to move out of the premises, but the lessor is ready to divert the premises for other purposes and no longer rent out the premises, it is necessary to see whether the lease contract has made relevant provisions on the renewal of the lease.
If there is an agreement in the contract, follow the agreement; If there is no agreement in the contract, the lessee shall have the right of priority after the expiration of the lease, and shall have the right of priority to lease the house under the same conditions.
If the lessor uses the house for other purposes and no longer rents it out, the lessor has the right to terminate the lease relationship with the lessee, require the tenant to move out of the rental house within a reasonable period of time, and restore the house to its original state or reach the agreed state in accordance with the agreement between the two parties.
If the tenant refuses to move out of the premises, the lessor can negotiate with him first; If the negotiation fails, the lessor may file a lawsuit with the people's court to require the lessee to return the house and pay the house use fee for the overdue return stage.
If the lease period expires and the lessee continues to use the premises and the lessor does not raise any objection, the original lease contract shall continue to be valid, but the lease term shall be deemed to be indefinite, and both parties may terminate the lease contract at this time, but the lessor shall notify the lessee before a reasonable period of time if the lease terminates the contract.
2. Can the parents' house be returned after it is transferred to their son?
If the parents donate the house, it will take effect because the house has been registered. Parents have the right to revoke the gift under certain circumstances, but they need to provide the necessary evidence. Article 663 of the Civil Code [Statutory Right of Revocation of the Donor and the Period for Exercising It] If the donee has any of the following circumstances, the donor may revoke the gift:
1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;
2) Failure to perform the obligation to support the donor;
3) Failure to perform the obligations agreed upon in the gift contract.
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Legal analysis: 1. If the transfer has been completed and the property delivery procedures have been completed at the same time, the final payment should be claimed immediately through litigation.
2. If the transfer process and property delivery process have not been completed, the other party should pay the house price in full, and then cooperate with the buyer to complete the transfer transaction and property delivery.
Legal basis: Civil Code of the People's Republic of China Article 215 A contract between the parties concerning the creation, modification, transfer and extinction of real estate rights shall take effect upon the conclusion of the contract, unless otherwise provided by law or otherwise agreed by the parties; If the property right is not registered, the validity of the contract shall not be affected. Guess next to the ear.
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The house has been transferred and the final payment has not been received: you can first remind the buyer through ** or SMS, requiring that the remaining amount must be paid within a certain period of time. If the buyer still fails to pay the remaining amount when due, it may file a lawsuit with the people's court to assert its legitimate rights and interests.
[Legal basis].Article 3 of the Civil Procedure Law of the People's Republic of China.
The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.
Article 23.
Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed.
First of all, if the car has been sold and you have received the payment, it is not appropriate to unilaterally cancel the owner. If you have not signed a car purchase agreement, or do not have a clear division of responsibilities and deadlines, then go to the DMV for consultation and solve the hidden danger as soon as possible.
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