Can I buy a private house with a real estate deed?

A private house with a real estate certificate can be purchased, and the real estate certificate is a certificate that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, 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.

It is also protected by national laws, and you can buy it with confidence if all other conditions are met.

Hello, possession of title deeds.

The private house can be purchased, and the private house has a title deed, and the transfer can be completed at the time of purchase.

This house may be a welfare house or a fund-raising house, and the land transfer fee may need to be paid when the transfer of ownership is made, and some units have restrictions on the circulation of this kind of house, which you need to discuss with the seller.

According to the regulations, the transfer fee should be paid by the seller, but if it is added to the house payment, it is not clear.

According to the regulations, the transfer fee must be paid by the seller, but it is unclear whether it will be included in the price of the house.

According to the regulations, the transfer fee should be paid by the seller, but it is not clear whether it has been included in the price of the house.

The transfer fee must be paid by the seller as specified, but it is not clear whether it has been included in the price of the house.

The transfer price is paid by the seller in accordance with the regulations, but it is not clear whether it is included in the price of the house.

The title deed says private property, this house is completely buyable...

Because the real estate is written as private property, it is private property, and private property can be easily sold. However, it must be your name on the title deed before you can decide to sell.

If there is another person's name on the title deed, you cannot decide to sell it personally, but you must agree to it and sign a sale agreement.

First of all, from the perspective of national laws and policies, real estate without a property right certificate is not allowed to be traded. Because China stipulates that the purchase and sale of real estate shall be subject to the registration of ownership transfer (that is, the so-called "transfer"), the real estate without the property right certificate cannot be transferred later, and the state does not protect the real estate transaction that does not go through the household.

Secondly, it is not recommended to 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.

Finally, if you can't handle the transfer without the title 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 of Nayin divorces, the property will be severed, and if he has debts sued, then the property will be listed as enforceable property by the court.

Private houses can not be sold without a real estate certificate, because the national law stipulates that houses without two certificates (real estate certificate, and land use right certificate) are not allowed to be listed and traded, and the real estate certificate has not been transferred to you before the property is transferred, if the property appreciates or encounters a large amount of demolition subsidies, the original owner is likely to regret and take back the property, so the legal risk of buying this kind of house is relatively large.

What are the risks associated with buying a house without a title deed.

1. Cannot be mortgaged.

If the buyer encounters an emergency situation after signing the sales contract and paying the deposit or house payment, the house cannot be used as collateral to borrow money from Yinjia at a loss.

2. Cannot be compensated.

If a house without a title deed is demolished, the buyer may not be compensated because he or she does not have a title deed.

3. The house was sold by the owner for one room and two houses.

There are many cases of more than one house sold in a property without a real estate certificate, because the house does not have a real estate certificate, if you encounter the kind of owner who is in debt, it is possible to sign a contract with the buyer at the same time, collect a deposit or down payment, and disputes are inevitable.

4. Inheritance or gift procedures 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.

What are the circumstances under which the real estate certificate cannot be obtained?

1. The developer mortgages the house to others.

If the developer has obtained five certificates, but the developer has mortgaged the house to someone else, and at the same time, the house is **. In this case, the buyer will not be able to get the real estate certificate of the trembling god. If the developer fails to fulfill the debts due in time, and the mortgagee asks for the realization of the mortgage, the buyer should not say that he has applied for a real estate certificate, and he does not even have the right of residence.

2. Illegal construction.

Buyers should first check when buying a house, and if the developer wants to sell commercial housing in the real estate market, he must obtain five certificates and one book. In order to maximize profits, some developers will change the use of all parts of the community without authorization, and build houses in violation of regulations.

3. Small property rights.

I believe everyone knows that there is no property right in small property rights, and some buyers will choose small property rights in order to be cheap. However, small property rights cannot obtain the real estate certificate issued by the state, only the real estate certificate issued by the township, and in the event of demolition and relocation, the buyer will not be able to receive any compensation.

4. The real estate acceptance is unqualified.

According to the relevant regulations of our country, 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 certificate cannot be obtained.

1. Apply for real estate certificates for self-built private houses in urban villages.

1. Private houses in urban villages should apply for real estate certificates at the housing authority with building permits, building permits and ID cards, and pay deed tax (and stamp duty).

2. The surveying and mapping institute where the house is located shall carry out on-site surveying and mapping and draw a management map.

3. According to the actual surveying and mapping area results, the deed transfer shall be made to the transaction department of the Housing Authority.

4. With the sales contract, the housing department of the housing authority will bind the complete file and prepare and issue the certificate after review.

Generally speaking, the whole process of real estate deed processing takes about 3 to 6 months. As for some private houses, they still can't get the property right certificate for a long time after submitting the materials and handling them, it may be that the materials are not complete enough, or the fees such as the land transfer fee are not fully paid. It is also possible that the service department has missed the care in time, etc.

You can go to the department to enter the reputation of the stupid line consultation.

Second, what to do with the rural homestead real estate certificate, and what kind of process to take.

According to the provisions of the "Housing Registration Measures", the following materials shall be submitted when applying for the initial registration of house ownership due to the legal construction of a house:

1) Application for registration;

2) Proof of the applicant's identity;

3) Proof of the right to use the homestead or the certificate of the right to use the land for collectively owned construction;

4) Proof that the registered house conforms to urban and rural planning;

5) Housing surveying and mapping report or village floor plan;

6) Other necessary materials.

Where an application is made for the initial registration of a villager's housing ownership, a certificate that the applicant is a member of the rural collective economic organization where the house is located shall also be submitted.

If you need to apply for a rural real estate certificate, you first need to prepare the above materials to the housing management department for registration, if you want to be more appropriate, you can go to the office to consult clearly in advance.

In fact, the process of handling the rural housing property right certificate is also very convenient, and the application for the real estate certificate is submitted: after submitting the materials, the staff will accept it, go home and other relevant departments to show the announcement and review, and after the audit is passed, it will be notified to pay the fee and fill in the information, and receive it in the register. When everything is done properly, the real estate certificate will be issued.

3. Can a private house be listed and sold without a real estate certificate?

According to the Law of the People's Republic of China on the Administration of Urban Real Estate, houses without real estate certificates are prohibited from being listed and traded, and the method prohibited by the state is that the transfer procedures cannot be handled. It cannot be mortgaged, inherited, gifted, or protected by law, and compensation cannot be obtained for demolition and relocation. In addition, there may be a risk of forced demolition of such houses.

At present, there are several situations for self-built private houses:

1. Self-built houses on state-owned land in cities and towns have complete approval procedures and full property rights, can apply for real estate certificates and land certificates, and can be bought and sold freely;

2. Self-built houses on collective land in urban planning areas are limited property rights, with real estate certificates and land certificates, and cannot be bought and sold freely;

3. The real estate developed privately in the town planning area or on the surrounding collective land is the so-called small property right house, which is limited property rights, and cannot be listed for free trading without real estate certificate and land certificate;

4. Self-built houses on rural collective land, with homestead certificate and real estate certificate (can be handled), belong to the collective economic organization of the villagers' residences, and can be transferred within the villagers, but cannot be resold to non-collective organizations.

If you can't buy with confidence, the property that has not been registered is invalid and not protected by law, so it is better not to buy it in order to avoid losses or disputes in the future.

The creation, alteration, transfer and extinction of immovable property rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law.

2.This kind of house land without a land certificate belongs to the state, and after you buy it, it is equivalent to only buying the house itself, and the state has introduced a demolition law, and there is also considerable compensation for the demolition of the property without property rights.

3.Without a property right certificate, the compensation for the property with the land certificate is not low, because the property you bought without the property right certificate and land certificate is not high.

4.It is best to have complete documents, land certificate and real estate certificate to buy a house, if there are no these two certificates, there will be a dispute over the ownership of the property, such as selling the house and the price of the house will increase one year later.

5.If another undocumented house is demolished, there will be no compensation. Because you don't have property rights, only the right to use the house.

Some issues that must be paid attention to in second-hand housing transactions:

1. Whether the housing procedures are complete. The title deed is the only document that proves the ownership of the house by the owner, and there is a great risk for the buyer that the buyer will not get the house when the house transaction without the title deed is completed. The homeowner may have a title deed and mortgage or resell it, even if it is not obtained in the future.

So it's best to choose a house with a title deed to trade;

2. Whether the property rights of the house are clear. Some houses have more than one co-owner, and the buyer should sign a contract for the sale and purchase of the house with all the co-owners. If only some of the co-owners dispose of the common property without authorization, the sales contract signed by the buyer and the buyer is generally invalid without the consent of the other co-owners;

3. Whether the transaction house is rented. If the buyer only looks at the real estate certificate and only pays attention to the transfer procedures, and does not pay attention to whether there is a lease, the buyer is very likely to get a property that cannot be moved in or used in time. Because China, including most countries, recognize that "the sale does not break the lease", that is to say, the housing sales contract cannot oppose the lease contract established earlier.

Legal basisArticle 38 of the Law on the Administration of Urban Real Estate.

The following real estate is not transferable:

1) Where the land use right is obtained by way of transfer, it does not meet the conditions provided for in Article 39 of this Law;

2) Where judicial or administrative organs make rulings or decide to seal up or otherwise restrict real estate rights in accordance with law;

3) recovering the right to use land in accordance with law;

4) Co-ownership of real estate, without the written consent of the other co-owners;

5) the ownership is disputed;

6) Failure to register and receive a certificate of ownership in accordance with law;

7) Other circumstances where laws or administrative regulations prohibit transfer.