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1. Can I buy a house without a house book?
Before you buy a house without a house book, you must first figure out why there is no house book, if the problem is not big, you can make up for it later, such a house can also be purchased, there are generally the following situations without a real estate certificate:
1. According to the relevant provisions of the "Regulations on the Quality Management of Construction Projects", the construction project experience can be delivered only if it is qualified. That is to say, only if the acceptance is qualified, the developer can deliver the house to the buyer for use. If the new house built by the developer has quality problems and cannot pass the acceptance of the relevant departments, it will not have the conditions for delivery, and it will not be able to apply for the real estate certificate.
2. This situation belongs to the mortgage of the project under construction, and there is generally no problem, but if the developer does not pay off the mortgage in time, the mortgage cannot be discharged, and the buyer cannot file even if he signs the contract, not only the loan cannot be issued, but it is also impossible to apply for the real estate certificate.
3. The "Commodity Housing Sales (Pre-sale) License" is the last pass of the five certificates, and the real estate management department will issue the "Commodity Housing Sales (Pre-sale) License" when the first four certificates are complete. Therefore, as long as there is no "Commercial Housing Sales (Pre-sale) License", it can be said that the house is incomplete in five certificates, and the property right certificate cannot be handled normally.
2. What are the risks of buying a house without a house capital?
1. The house without the real estate certificate takes a long time from signing the contract to the transfer, if the buyer encounters emergency money after signing the sales contract and paying the deposit or house payment, the house cannot be used as collateral to borrow from the bank.
2. There are many cases of more than one house sold in real estate without 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.
3. When the house is donated or inherited, it is necessary to go through notarization procedures. 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.
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Yes, buying and selling an old house does not require a real estate certificate, it is best to have a complete time of clarity**, buy an old house to buy a wooden frame, and then restore and decorate it after buying it back.
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It is not recommended that you buy a house without a property ownership certificate, and there will be a great risk if the property without the property ownership certificate is traded, and the transaction will not be guaranteed, and it is even more difficult to protect rights if there is a problem.
1. The house was sold by one room and two houses.
There are many cases of more than one house sold in the property without the property ownership certificate, and before the property right certificate is obtained, the seller is likely to sell the house to another person, that is, "one house and two sales", which involves the third person, the problem is complicated, and then it will have to go through the complex process of rights protection of Shihefan.
2. It is difficult to mortgage and buy and sell transactions.
Only after the real estate certificate can the house really have the ownership of the house, in order to carry out normal sales, gifts, inheritance and other activities, in the absence of the real estate certificate, even if the relevant contract has been signed is invalid, not protected by law. Moreover, this kind of house cannot apply for a mortgage, the house is only a residence, and its ability to cash out and cash around is limited.
3. Cannot be compensated.
After the house has been lived in for a long time, there will be some quality problems slowly, and finally become a dilapidated house, if the house without a property ownership certificate is demolished, the buyer will not be compensated because of the lack of a real estate certificate.
What are the risks of buying a house without a title deed?
1. You cannot apply for a loan.
China implements a property rights registration and publicity system, and only after a legal search can you truly have the ownership of the house, otherwise you can't carry out normal buying and selling. In the bank's view, the property rights of this kind of house are unclear, and disputes are likely to occur, so in order to avoid risks, they will naturally not pass the loan approval. In addition, a house without a real estate certificate cannot be inherited, gifted, mortgaged, etc.
2. The house is used to pay off debts, and the buyer may have no money.
It is also possible that the buyer signs the contract and pays the deposit, but the owner owes someone else's debt, and the creditor takes the house to pay off the debt.
3. The house was sold by the owner for one room and two houses.
If the title deed is not in hand, it cannot be proved that the house belongs to you, and the house without the title deed is more risky when trading, and both the buyer and the seller should be cautious. For the buyer, the homeowner has the opportunity to sell the property to a third party with a higher bidder before obtaining the title deed.
4. The house was expropriated and could not be compensated.
After the purchase of a house, if the land is expropriated, you will not be able to receive compensation without a title deed.
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With the price of the house, many people like to buy second-hand housing, because second-hand housing will be relatively cheaper, second-hand housing transactions will encounter a lot of problems, such as the house does not have a house, so can you buy a house without a house? Let's find out together!
1. Can I buy a house without a house?
According to the relevant laws, it is not possible to trade without a title deed. Because the real estate transaction is subject to the transfer of ownership Dengxiang Shouchang Ji, if there is no property right certificate, it cannot be transferred, and it is not protected by the state. Without the house capital, you can't take out a loan, transfer the property, and you can't handle the notarization, so the agreement signed at the time of the transaction is also invalid.
If you don't have a house, you can't handle the transfer, and once the transaction will be very risky, because the property rights of the property that cannot be transferred still belong to the original owner, and if the original owner is divorced, the property will be divided; If there is a debt, it will be sued, and the property will be listed as enforceable property by the court.
2. What are the dangers of not having a property right certificate for a house?
1. A house without a real estate certificate cannot be bought, sold, inherited, rented, gifted, etc., and even if a contract is signed, it will be considered invalid, because this kind of transaction is not protected by law.
2. If the house without property rights needs to be demolished if it encounters land expropriated by the state, it will not be able to get the corresponding compensation for demolition.
3. Unable to use real estate as collateral, or use real estate to bear other civil liabilities.
4. If the property is illegally developed and constructed and the real estate certificate cannot be processed, it will also face the risk of the house being demolished or auctioned.
3. Precautions for the transaction of houses without property rights.
If you must buy a house without property rights, you must be cautious, and both parties should have a detailed understanding of the property between the transactions, and agree on the standard of liquidated damages. For buyers, if you want to reduce the risk, then try to pay as little as possible before obtaining the real estate certificate; The right to use and control the house should be obtained first, so that the rights and interests of the buyer can be protected by law.
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If you buy and sell, you can't buy a house without a house capital, and if you buy and sell, you can't guarantee the rights and interests of the buyer by signing a sales contract, which is very risky; For properties that are clearly prohibited from listing by law, it is recommended to give up the transaction!
See: Urban Real Estate Management Law of the People's Republic of China.
Article 38 clearly stipulates that the following real estate shall not be transferred:
6) Failure to register and receive a certificate of ownership in accordance with law;
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Don't buy a house without a real estate certificate: 1. No property rights; 2. Unable to apply for bank loans; 3. If it is demolished, the owner cannot get compensation; 4. The house may be used to pay off the developer's debt.
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