Looking at a rough house without a real estate certificate, how can you avoid risks?

If you want to avoid risks, you must go to the property to understand the situation, and you must be careful when signing the contract.

Don't buy such a house, as long as you buy it yourself, you can't avoid the risk anyway, because a house without a real estate certificate is not protected by law.

It is better not to buy it. No real estate certificate is not legally protected, and even if you sign more agreements, it is not as real as a real estate certificate.

a) It cannot be bought or sold.

If the house does not have a title deed, even if it is sold privately, it cannot be transferred.

2) Cannot be mortgaged.

Mortgage on a house is a safe way of financing approved by banks, and without a title deed, the house cannot be mortgaged, which will affect doing business or investment.

3) It cannot be rented.

If the rented house does not have a property ownership certificate, and there is a dispute between the two parties, the legitimate rights and interests of the lessor cannot be protected.

4) Failure to protect legitimate rights and interests.

When the right holder has a dispute with others or is infringed upon due to the issue of property rights, its rights and interests cannot be protected because it is unable to provide the property right certificate to the administrative, arbitration or judicial authorities.

5) Cannot be compensated.

In the event of compensation for house demolition, the buyer may not be compensated because he or she does not have a title deed.

6) Inheritance or gift formalities cannot be handled.

When a house is donated or inherited, it must be notarized. According to the regulations, without the property right certificate, the notary department will not go through the relevant procedures, and the rights and interests of the heirs and donees will not be protected.

1. What are the legal meanings of the real estate certificate?

The real estate certificate (premisespermit) is a document that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to possess, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.

In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house. According to China's current housing ownership registration system, housing registration is a statutory publicity method for the ownership of urban housing rights. In late August 2011, the tax department said that the deed tax on the addition of real estate was half of the house price.

In April 2013, the Beijing Municipal Commission of Housing and Urban-Rural Development stated that in order to prevent false housing sales and other behaviors and ensure the safety of housing transactions, in the future, Beijing buyers will be able to voluntarily and free set up a password for the real estate certificate, and the house must provide a password when it needs to handle the registration business of transfer, change, mortgage and other business. It is expected to be implemented in the second half of 2013.

2. How to sign a contract when buying a house without a real estate certificate.

Houses without property ownership certificates cannot be traded: First of all, from the perspective of national laws and policies, real estate without property ownership certificates 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 have the right to live.

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.

The real estate certificate is a very important document for the house, just like our ID card, the ID card has information that proves our ethnicity, place of residence, age, and the real estate certificate also proves the ownership of the house, the number of years of property rights, the location and other information, with the real estate certificate, when dealing with things related to real estate, it will be much easier, but in the real estate transaction, there will always be some houses without real estate certificates, so what are the risks of houses without real estate certificates?

What are the risks of a house without a title deed?

1. Encounter more than one house to sell

Even if someone buys a house without a real estate certificate, it is impossible to go through the property transfer procedures, and in the case of no property transfer procedures, the seller is likely to trade with multiple buyers, which refers to the sale of more than one house. If a buyer buys a house without a title deed, he cannot prove that the house belongs to him/her, and a house without a title deed is more risky when the transaction is made.

2. You cannot apply for a loan

As we all know, the loan to buy a new house, after the real estate certificate is done is mortgaged in the bank, and the same is true for the purchase of second-hand houses, if the buyer wants to apply for a bank loan to buy a second-hand house, then you need to provide the second-hand house ownership certificate. However, in the bank's view, the second-hand house without the property ownership certificate is a house with unclear property rights, and it is very likely that disputes will occur, and in order to avoid risks, the bank will not approve the loan for the house without the property ownership certificate.

3. Compensation cannot be obtained

Now there are a lot of demolition of the second generation, in most cities in our country if the house is demolished, the homeowner can get a lot of compensation, but there is no real estate certificate will not be able to get compensation, which is a very big loss for the homeowner. In addition, it should be noted that houses without real estate certificates cannot be inherited, gifted, mortgaged, etc.

Which houses may be purchased without a title deed?

1. A house with incomplete five certificates

Five certificates are very important documents, you must check whether the developer's five certificates are complete before buying a house, because a house with incomplete five certificates cannot get a real estate certificate. The five certificates refer to the "Commercial Housing Sales (Pre-sale) Permit", "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit" and "Construction Project Commencement Permit".

2. QualityThe amount of substandard houses

If the quality of the house is not up to standard, living in such a house is very risky for the owner. According to the relevant regulations, the developer has built a new house with quality problems, it will not be able to pass the acceptance of the relevant departments, and the developer will not be able to deliver the house to the buyer without the acceptance of the relevant departments, and the house that does not have the conditions for delivery will not be able to handle the real estate certificate.

3. There is a mortgage on the house

Some developers will mortgage the house because of the problem of funds, which often appears in the real estate developed by some weaker developers, so everyone should pay attention to the selection of developers when choosing a house. If such a developer has problems in the later operation and is unable to repay the bank debt, it will not be able to apply for the real estate certificate if the mortgage is not released.

1. It is not possible to buy, sell, gift, replace, inherit, etc., even if the relevant agreement or contract is signed, it is invalid and not protected by law.

2. When the house is demolished, it cannot enjoy the national policy and related demolition regulations to obtain compensation for demolition and relocation, and the compensation policy is the national demolition compensation policy enjoyed by the property owner in accordance with the law, even if the contract or agreement is signed privately, the state compensation is subject to the property owner of the real estate certificate.

3. Unable to mortgage, loan and other rights, the buyer can not obtain a loan or bear other civil liabilities through the mortgage of the house, when you want to mortgage the property, you are not the property owner, although there is an agreement, you still can not mortgage or loan.

4. If the project is illegally developed by the developer, and the real estate certificate cannot be applied for later, the house you purchased is at risk of being forcibly demolished.

5. If the developer's poor business conditions cause debt disputes to be enforced by the court, or when the developer applies for bankruptcy, the real estate that has not been transferred still belongs to the property of the developer, and can be enforced by the developer's creditors according to law.

6. The house that has lived for decades does not have a real estate certificate, and it cannot apply for the continued use of the land when the term of its land use right expires.

Why is there no title deed.

1. The developer did not obtain the complete five certificates when selling the house.

The five certificates refer to the "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "Commercial Housing Pre-sale License" or "Commercial Housing Sales License". If any of the five certificates are missing, it is impossible to get the property right certificate, so the buyer must not buy a house with incomplete five certificates.

Many developers say that the relevant documents are being processed at the time of sale, and if the buyer must buy, he should pay attention to the housing management department to verify whether what the developer said is true. In addition, buyers should pay special attention to whether the building they choose is within the scope of the pre-sale permit.

2. The housing quality inspection is unqualified.

According to Article 16 of the Regulations on the Quality Management of Construction Projects, only those who have qualified the experience of construction projects can be delivered. Only if the acceptance is qualified, the developer can deliver the house to the buyer for use.

There are quality problems in the new houses built by the developer, and if they cannot pass the acceptance of the relevant departments, they will not have the conditions for delivery, they will not be able to hand over the house, and they will not be able to handle the house book.

3. The developer mortgages the house to others.

The developer has obtained five certificates and has obtained a large title certificate, but the developer has mortgaged the house to someone else, and at the same time, the house has been mortgaged. Buyers who buy this type of home are even more at risk.

If the developer cannot fulfill the due debts in time, and the mortgagee requires the realization of the mortgage, the buyer must have no property right certificate, not even the right of residence, and finally the buyer can only get back the house price paid through litigation, whether it can be repaid is another matter, so the buyer should fully understand the condition of the house before buying a house.

What are the risks of a house without a title deed?