Whether the house can be bought and sold after being handed over

Turnkey is not a necessary condition for selling a house, and it can only be traded if there is a title deed and there is no mortgage, seizure or other disputes. With only the key and no real estate certificate, you can't transfer the house, and you can only initialize the sale and purchase agreement. This is not a guarantee for both the buyer and the seller.

Specific analysis of specific problems, if the real estate certificate has not been handled, you can use the developer's side to change the bottom of the single operation, sell the house to others, to the developer to change the bottom of the list, the final real estate certificate is directly the buyer's name, but in this case, you need to buy in full, of course, if you were bought in full, and this way of operation has a certain risk.

Legal basis: Article 4 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 Article 4 If the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of a commodity house by means of subscription, order, reservation, etc., if the contract for the sale and purchase of a commodity house is not concluded due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on the deposit; If the contract for the purchase and sale of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

The sale and purchase of second-hand houses is generally handed over on the day of transfer, and the two parties can negotiate and agree.

The seller shall deliver the house within the date agreed in the purchase contract, and the time when the key is handed over is the time when the house is delivered for use; If the failure to deliver the goods on time is a breach of contract, the buyer may request payment of liquidated damages or compensation for losses.

According to the relevant laws and regulations of China, the seller shall deliver the subject matter within the agreed time. If a time limit for delivery is agreed, the seller may deliver it at any time during that time limit. Where the parties have not agreed on the time limit for the delivery of the subject matter or the agreement is not clear, the provisions of the law shall apply.

Legal basis. Article 601 of the Civil Code of the People's Republic of China [Time limit for delivery of the subject matter] The seller shall deliver the subject matter within the agreed time. If a time limit for delivery is agreed, the seller may deliver it at any time during that time limit.

Article 602 of the Civil Code of the People's Republic of China [Handling when the time limit for delivery of the subject matter is unclear] Where the parties have not agreed on the time limit for the delivery of the subject matter or the agreement is not clear, the provisions of Article 510 and Article 511, Item 4 of this Law apply.

When the second-hand house is transferred, the seller receives the payment and can hand over the keys after completing the formalities.

What is the detailed process of buying and selling second-hand housing?

1. Buying a house to inquire about information and viewing the house on the spot.

The buyer and the seller establish information communication channels, inspect the house on the spot, inspect the lot, negotiate ** to determine the intention to buy the house, and at the same time require the seller to provide legal documents, including house ownership certificates, identity documents, household registration books and other documents.

2. Sign a contract for the sale and purchase of second-hand housing.

The seller provides the legal documents of the house, the buyer can pay the deposit for the purchase of the house (the payment of the deposit for the purchase of the house is not a necessary procedure for the sale and purchase of commercial housing), and the buyer and the seller sign the contract for the sale and purchase of the house (or the contract for the sale and purchase of the house).

After the buyer and seller reach an agreement on the location of the house, the status of property rights and the transaction, the delivery time of the house, the delivery of the house, and the handling of property rights through negotiation, the two parties shall sign at least three copies of the house sale and purchase contract.

3. Both parties go to the lending bank to go through the loan procedures.

If the buyer needs a loan to buy a house, after the buyer and the seller reach an intention, the lending bank will appoint an appraisal company to evaluate the house to be traded by the two parties, confirm the loan amount, and after the two parties sign the house sale contract, the buyer and the seller need to go through the loan procedures together.

After the bank approves the credit of the loan applicant, it will notify both parties to complete the change of property rights, and after the buyer receives the house ownership certificate, he must apply for other rights certificates accompanied by the bank, and after the other rights certificates are issued, the bank will issue a one-time loan to the homeowner.

The process of buying and selling second-hand houses.

4. The two parties shall go through the transfer procedures at the property rights trading center.

After signing the contract, the buyer and the seller jointly apply to the real estate transaction center for review. The relevant departments will approve the transfer procedures for the houses that meet the listing conditions, and refuse to apply for those who have no or partial property rights and have not obtained the written consent of the co-owners of other property rights, and prohibit listing and trading.

5. Pay relevant taxes and fees.

The composition of taxes and fees is more complex and depends on the nature of the property being traded. For example, the tax composition of housing reform, dangerous housing and relocation housing, affordable housing and other commercial housing is different.

6. The two parties shall go to the property rights trading center to go through the procedures for the transfer of property rights.

After the parties to the transaction complete the registration of property right change in the real estate transaction management department, the transaction materials will be transferred to the issuing department, and the buyer will apply for a new property right certificate at the issuing department with the notice of obtaining the house property right certificate.

7. Bank Loan The balance is used to complete the transaction.

For the buyer of the loan, after signing the house sale contract with the seller, the buyer and the seller will go to the loan bank to go through the loan procedures, the bank will review the buyer's credit, evaluate the house that the two parties want to trade, determine the buyer's loan amount, and then approve the buyer's loan, and the bank will issue the loan in a lump sum after the two parties complete the property right registration change and the buyer receives the house ownership certificate.

There is no provision in the law for the final handover of the keys to the house in the sale and purchase of the house, and it shall be handled by the two parties through negotiation or determined according to the transaction customs. The real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on time. If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract.

Measures for the Administration of the Sales of Commodity Housing》 Article 30 A real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on schedule. If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract. If it is necessary to postpone delivery due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise shall inform the buyer in a timely manner.

Legal analysis: There is no provision in the law for the final handover of the house key for the sale and purchase of the house, and it is handled by both parties through negotiation or determined according to the transaction customs. The real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on time.

If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract.

Legal basis: "Measures for the Administration of the Sales of Commodity Housing" Article 30 The real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on schedule. If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract.

If it is necessary to postpone delivery due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise shall promptly inform the buyer.