What if the house without title has been bought

If you don't have a property right for a house, you first need to confirm whether you can get a property certificate.

If you can't do it, it's good to return the small property right house directly.

You can't buy a house without a title. The house ownership certificate is the proof of ownership of the house, and the sale and purchase of a house without property rights is a disposition without the right to dispose of it, and there is an obstacle that there is no property right certificate, and the transfer procedures cannot be registered in accordance with the law.

[Legal basis].Article 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.

According to Article 143 of the Civil Law, the sale of a house without a house ownership certificate is valid when the following conditions are met:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 41 of the Law of the People's Republic of China on the Administration of Urban Real Estate stipulates that a written transfer contract shall be signed for the transfer of real estate, and the method of obtaining land use rights shall be specified in the contract.

The second paragraph of Article 45 stipulates that the pre-seller of commercial housing shall, in accordance with the relevant provisions of the state, submit the pre-sale contract to the people's real estate management department and land management department at or above the county level for registration and filing.

Article 143 of the Civil Code.

Civil juristic acts that meet the following conditions are valid:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 41.

For the transfer of real estate, a written transfer contract shall be signed, and the contract shall specify the method of obtaining the land use right.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 42.

When real estate is transferred, the rights and obligations specified in the land use right transfer contract are transferred accordingly.

Small property ownership is actually a conventional title.

Small property rights housing refers to the construction of houses on the collective land of farmers, without paying land transfer fees and other fees, and its property rights certificate is not issued by the national housing management department, but by the township ** or village committee, so it is called "township property rights house", also known as "small property rights house".

The so-called small property rights houses issued by the township ** actually have no real property rights. This kind of house does not have a land use certificate and pre-sale permit issued by the state, and the land and housing management bureau will not file the purchase contract.

According to national laws and policies, real estate without a title 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 (also known as "transfer"), and 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.

It is recommended 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.

If you can't handle the transfer without the property right certificate, then the hidden risks will be great, 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.

There are many companies that operate under the banner of notarization, but this is actually a particularly risky situation for buyers. Generally, notarial deeds are mainly notarized. In fact, such a notarial deed can be unilaterally revoked by the owner (entrusting party)!

So there's a risk.

In fact, you can't regret anything and completely, no real estate certificate has no impact on you, what is the impact, it depends on the specific situation of the house, the house is urban or rural, is a commercial house or a farmer's own house, these will affect the effectiveness of your buying a house, if it is an urban commercial house, no real estate certificate is of course a very serious problem, but a rural house, no certificate is very normal.