Now there are two options to buy a new house and a second-hand house. The second-hand house is also hot in the current market. Buying a second-hand house is mainly easier, because the second-hand houses are decorated and can be checked in directly. However, the transfer of second-hand houses is also more troublesome. Some buyers have paid all the money, but they still have no way to transfer.
1. The seller is unable to provide the property certificate
If the second-hand house can't pass the house without the house property certificate, it can't go through the formalities with the Housing Administration Bureau. Only the house property certificate can prove the ownership of the house. If you buy a house without a house property certificate, you have to bear great risks and your rights are not guaranteed.
2. The seller sells the property without the consent of other property owners
If the purchased second-hand house has more than one co owner, the consent of all co owners must be obtained. If the co owners disagree, the transaction is invalid. Even if the transfer is completed and the property owner is investigated, you can only check out. During the transfer of ownership, all joint property owners must be present to sign. If someone can't come, the other party must provide a notarized power of attorney, so as to reduce the risk of breach of contract as much as possible.
3. Property seized by relevant departments
If buyers buy the sealed house, they may not be able to trade, or the down payment you pay may not come back. The reasons for the seizure of the house are very complex, malicious and unintentional. Buyers are often defenseless. If litigation is involved and the house is preserved, the seizure cycle will be very long, and the house cannot be transferred during the seizure period.
4. Property not released from mortgage
In the process of real estate transaction, if the original homeowner still mortgages the real estate certificate in the bank because the house loan has not been paid off, the buyer often learns that the real estate certificate cannot be transferred because it is mortgaged in the bank after paying the down payment.
If you want to handle the transfer of ownership, you can only repay the loan first, so as to get the real estate certificate back, so as to smoothly transfer the ownership. If the house has made other guarantee arrears, you must pay off first before you can handle the transfer of ownership. Some people will choose to pay off the loan for the original homeowner, but this not only has no legal protection, but also bears great risks.
5. Property rights were frozen for illegal construction
If the second-hand house is purchased illegally, according to Article 23 of the measures for the administration of urban housing ownership registration, the registration authority shall make a decision not to register under any of the following circumstances: it belongs to an illegal building; Belonging to temporary buildings; Other circumstances stipulated by laws and regulations. Before the illegal construction, demolition and restoration, the house cannot be sold, transferred or mortgaged through any legal way.
6. Rental housing
The relevant laws stipulate that "the sale does not break the lease", that is, the house sale cannot resist the earlier established rental sale. Even if the property right of the house is changed, as long as the rental contract has not expired, the tenant has the right to live in it, and the original lease contract continues to be valid for the lessee and the new owner.
The above are several common cases in which the house cannot be transferred. In this small series, I would like to remind buyers that when conducting housing transactions, they must know in advance whether the house can be normally traded and transferred. When necessary, you can select relevant legal persons to assist in the transaction, so that you can reduce the risk in the transaction process.