What are the factors that have not been able to get a real estate certificate for a large property r

Before buying a house, the buyer must understand the property rights of the house clearly, if the house does not have property rights, the risk of such a house after the purchase is very large, once you encounter any problems, can not prove that the house belongs to you, then the money spent to buy a house is in vain, the house is gone, it is not easy to buy a house, today I will talk about it, what is the reason why the property right certificate can not be done?

Developers".Five certificates"Not quite

Most people get the title of a home by buying a commercial house.

At this time, the developer's qualifications are to influence the buyer to obtain the real estate certificate.

The main factor of the book, the incomplete five certificates will greatly affect the efficiency of the later work, and will also make your house risky. <>

The developer did not pay the deed tax

At present, the deed tax of new houses is generally collected by the developer, and then handed over to the tax authorities to obtain the tax payment certificate.

In fact, many developers will not pay the deed tax in time, such as paying the deed tax when receiving the house, and then apply for the real estate certificate after two years. Make a time difference.

It's not uncommon to use the funds for free.

The house acceptance is not qualified

If you want to successfully apply for a real estate certificate, the acceptance of the new house is an important part. There are problems with the quality of the new house, and it has not passed the acceptance of the relevant departments, and the house cannot be handed over, and the real estate certificate will naturally not be done. <>

In this case, the developer is liable for breach of contract.

The buyer has the right to terminate the contract if he has agreed with the developer in advance on the quality of the house.

Developers build houses in violation of regulations

The developer may have irregularities in the actual construction process, and the unauthorized change of land use will directly lead to the consequence that you cannot get the real estate certificate after handing over the house. Therefore, it is important to review the qualifications of the developer before deciding to buy a home. <>

Before buying a house, you can see the procedures of the project clearly, and the projects with incomplete procedures can be skipped. Even if the formalities are complete, you should pay attention to the completion and acceptance when you take over the house.

If there is no such document as the filing form and the area measurement report, the developer will be in violation of the regulations. At this time, you should consider defending your rights or moving out, if after a few years of living in, the house price has also risen, only because the real estate certificate can not be obtained to protect the rights of the developer, as a buyer, you will also fall into a dilemma.

The author understands that this situation may be due to the fact that the developer does not have the right to use the land, or has not paid the land transfer fee; Or it may be that the property developer is not qualified to develop or has gone bankrupt; Either because the project is still in the state of mortgage by the bank or other institutions.

Factors include whether the house is compliant and legal, and whether the developer's process is perfect. First, the house must be compliant and legal in order to be able to issue the real estate certificate; Second, if the developer's process is completed, the title deed will be issued.

The factors that have not been able to apply for real estate certificates for large property rights houses lack many documents, lack of many procedures, hesitation of the parties, policy issues, and cost problems.

If the buyer fails to pay the relevant taxes and fees in accordance with the regulations, and the developer's qualifications are incomplete, the house will not be able to apply for the property ownership certificate; Some developers will use it without permission.

1. The five certificates are incomplete: the five certificates are the prerequisite for the developer to start selling the property, and the lack of any certificate cannot apply for the real estate ownership certificate.

2. Unqualified housing acceptance: The construction project can only be delivered to the buyer after passing the acceptance. If the real estate cannot pass the acceptance of the relevant departments due to quality problems, even if the house is handed over, the real estate ownership certificate cannot be issued.

3. The house is mortgaged or seized: If the developer wants to sell the completed house to the buyer, he must first go to the bank to release the mortgage, otherwise the buyer will not be able to apply for the property right certificate in the later stage even if the buyer buys such a house, let alone the seized house.

4. Incomplete information of the buyer: the buyer is also required to apply for the property right certificate of the house, after all, the person who needs to apply for the property right certificate after buying the house is the buyer. If the buyer does not cooperate with the developer to submit the relevant information for the real estate certificate, the real estate certificate will definitely not be able to be handled, but this Qi Meng is easier to deal with, and the buyer can submit the relevant information again to apply for the real estate certificate.

What to do if you can't get your title deed.

1. Negotiate with the developer: After the buyer understands the reason why he cannot apply for the real estate certificate, he must first negotiate with the developer on how to deal with it. If the developer is unable to apply for the property right certificate, there are generally two ways to deal with it, one is that the buyer requests to move out, which is in line with the regulations; The other is that the buyer does not check out, the two parties according to the signed purchase contract, to negotiate with the developer to bear the liability for breach of contract, if the two sides do not disagree much, after reaching an agreement, the buyer must remember to sign an agreement on the content of the negotiation.

2. Seek legal help: If the two parties fail to reach an agreement, the buyer can entrust a lawyer to send a lawyer's letter to the developer. If the developer still does not solve the problem after sending the lawyer's letter, the buyer can file a lawsuit in court, asking the developer to continue to perform the contract or request to terminate the contract, which is a very reasonable request, and the buyer can also pursue the developer's liability for breach of contract.

What to do if you buy or sell a house without a property ownership certificate is as follows: First of all, from the perspective of national laws and policies, real estate without a property ownership certificate is not allowed to be traded. Because China stipulates that the purchase and sale of real estate is subject to the registration of ownership transfer (that is, the so-called "transfer"), the real estate without the property right certificate cannot be transferred, and the state does not protect the real estate transaction that does not reach the household.

Secondly, we also recommend that you do not buy this type of house, because without the title deed, you will not be able to take out a loan, transfer the property, or notarize, and the signed agreement will be invalid. Third, if you can't handle the transfer without the property right certificate, then the hidden risk will be very large, but the ownership of the property is still the original owner's. For example, if the original owner divorces the property, the property will be divided, and if he has debts sued, then the property will be listed as enforceable property by the court.

If the buyer cannot obtain the real estate title certificate after moving in, and the ownership of the house he purchases is still in an uncertain state, the buyer will not be able to obtain the following rights: 1. Cannot carry out activities such as sale, gift, replacement, inheritance, rental, etc., even if the relevant contract is signed, it is an invalid contract and is not protected by law. 2. When the house is demolished, it is impossible to obtain compensation for demolition in accordance with national policies and relevant demolition regulations.

3. It is impossible to set up other rights such as mortgage rights and pawn rights, and the buyer cannot obtain a loan or bear other civil liabilities through a house mortgage. 4. If the real estate certificate cannot be applied for due to the illegal development of the project, the house purchased by the buyer is at risk of being forcibly demolished or auctioned. 5. When the developer is enforced due to a debt dispute, the real estate that has not been transferred is still the property of the developer and can be enforced by the developer's creditors in accordance with the law; 6. When the term of the land use right expires, it is not possible to apply for the continued use of the land.

Article 30 of the Administrative Measures for the Sales of Commodity Housing stipulates that real estate development enterprises shall, before the delivery of commercial housing, entrust a unit 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 change of land use rights and the registration of house ownership.

Article 577 of the Civil Code of the People's Republic of China: Where 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 breach of contract such as continuing to perform, taking measures to make up for the situation, or compensating for losses.

The houses purchased by buyers are for the purpose of handling the house ownership certificate, but some buyers will find that their house ownership certificate cannot be handled after buying the house, it stands to reason that the buyer is buying an ordinary commercial house, and they also meet the requirements for handling the property ownership certificate, but their property rights certificate is not handled, so what are the reasons why the property right certificate cannot be handled?What should I do if the property right certificate can't be done?

What are the reasons why the property rights can't be handled?

1. The developer's reasons.

Generally speaking, most of the reasons why buyers can't handle the property right certificate after buying a house are because of the developer, so buyers must pay attention to the selection of developers when buying a house, because if the developer's qualifications are incomplete, it will lead to the buyer not being able to handle the property right certificate. The acceptance of the relevant departments means that the house does not meet the delivery conditions, and the real estate certificate will naturally not be processed, and there is also a situation where the developer builds the house in violation of regulations and changes the use of the land in the process of building the house.

2. The reason for the buyer.

Although the buyer thinks that he meets the requirements of the property right certificate, but in the process of handling the property right certificate, the buyer does not pay taxes and fees in accordance with the regulations, or pays less than any fee, it is possible that he cannot handle the property right certificate, and in the process of handling the property right certificate, the buyer also needs to provide a lot of information, if the information provided by the buyer is incomplete, or the information is false, it may lead to the inability to handle the property right certificate.

What should I do if the property right certificate can't be done?

1. Negotiate and settle.

When the buyer finds that the house he has purchased has not applied for the real estate certificate for a long time, the buyer can first bring the contract to the developer for negotiation, and require the developer to bear the liability for breach of contract, if the buyer and seller can reach an agreement, it can reduce a lot of trouble for the buyer in the process of protecting his rights.

2. Send a lawyer's letter.

If the developer can actively take responsibility, it is much more convenient than the judicial route, but it should be noted that the lawyer's letter is not mandatory, and if the other party refuses to compensate, it is still necessary to file a lawsuit.

3. File a lawsuit.

When negotiation and sending a lawyer's letter cannot solve the problem, the buyer can protect his legitimate rights and interests through legal means, and the buyer can go to the court to sue the developer to continue to perform the contract or request to terminate the contract, and at the same time to investigate the developer's liability for breach of contract, if it is because of the lawsuit filed by the real estate, file a lawsuit with the court where the real estate is located.

1. Reasons for home buyers. If the buyer does not get the property title certificate after buying the house, the first thing to find out is the reason why the title certificate cannot be obtained. In some cases, the failure to get the title certificate may be due to the buyer's own reasons, for example, the buyer did not pay the relevant taxes and fees in accordance with the regulations, and the case of the property ownership certificate being unable to be issued due to the underpayment of a tax is real.

In addition, it is also possible that the relevant information provided by the buyer is incomplete, resulting in the inability to apply for the title certificate.

2. Developer's reasons. In fact, most of the reasons for not being able to get the title certificate are the developers, so everyone should carefully choose the developer when buying a house. For example, if the developer's qualifications are incomplete, it will lead to the inability of the house to apply for the property ownership certificate; In addition, the house has not passed the acceptance of the relevant departments, which means that the house does not meet the conditions for delivery, the developer cannot hand over the house, and the real estate certificate will naturally not be done.

There is also a situation where the house belongs to the house built by the developer in violation of regulations, and some developers will change the use of the land without authorization during the actual construction process.

Legal analysis: (1) Sales, gifts, replacements, inheritances, leases, mortgages and other activities cannot be carried out, and even if relevant contracts are signed, they are invalid contracts and are not protected by law; (2) When the house is demolished, it is not possible to obtain compensation for demolition and relocation in accordance with national policies and relevant demolition regulations, which is not conducive to receiving compensation to reduce losses when the house is lost or damaged; (3) If it is impossible to apply for a real estate certificate due to the illegal development of the project, the house purchased by the buyer is at risk of being forcibly demolished or auctioned; When the developer is enforced due to a debt dispute, the real estate that has not been transferred is still the property of the developer and can be enforced by the developer's creditors in accordance with the law; (4) Unable to apply for continued use of the land upon the expiration of the term of the land use right.

Legal basis: "Interpretation of the People's Republic of China on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Contracts for the Sale and Purchase of Commercial Housing" Article 18 (1) When the two parties sign the sales contract, they agree in writing on the specific time when the buyer obtains the real estate certificate, if the buyer does not obtain the real estate certificate due to the developer's reasons, the developer shall bear the liability for breach of contract, and if the two parties agree on the specific liability for breach of contract in the contract, according to its agreement; If only the time is agreed and the liability for breach of contract is not agreed, the buyer may request the developer to pay interest according to the total amount paid for the purchase, which is calculated with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China. In practice, it is generally 2/10,000 to 5/10,000 of the total price paid per day, the higher the more beneficial it is to the buyer, because in this way not only the buyer can get more compensation, but also the calculation basis is clear, which also plays an effective binding role for the developer; (2) If the two parties do not agree on the specific time for the buyer to obtain the real estate certificate when signing the contract, if the house is a pre-sale house, which is commonly known as off-plan housing, according to the provisions of the interpretation, within 90 days from the date of delivery of the house, the buyer shall obtain the real estate certificate, if the buyer does not obtain the real estate certificate because of the developer's reasons, even if the company does not agree on the liability for breach of contract, the developer must pay the corresponding interest on the house price.

The standard for the delivery of the house here is the time when the developer hands over the keys; (3) If the house has been completed and become an existing house at the time of signing the purchase contract, according to the provisions of the interpretation, the buyer shall obtain the real estate certificate within 90 days from the date of conclusion of the contract, and if the buyer does not obtain the real estate certificate due to the developer, the corresponding interest shall also be paid. At the same time, Article 19 of the Interpretation stipulates that: "If the buyer is unable to register the ownership of the house due to reasons attributable to the seller and the buyer's request to terminate the contract and compensate for losses shall be supported if the time limit for the registration of house ownership as stipulated in the contract for the sale and purchase of commercial housing or in accordance with Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation has expired for more than one year." ”