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Did not hand in downpayment house property certificate to be able to transfer? Divide two kinds of c

Did not hand in downpayment house property certificate to be able to transfer? Divide two kinds of circumstance to decide

4hw.com.cn: you may not be able to get the house property certificate after you pay the down payment, because the house property certificate can only be handled after 5 years. Some people find that they have too much pressure to pay the down payment every month, and they can't afford it, so they want to transfer the house in their name. So pay down the house property certificate did not take can transfer it?

Did not hand in downpayment house property certificate to take to be able to transfer? It needs to be seen according to the situation. There are two cases to distinguish

In one case, when signing the house transfer contract, the seller has the conditions to register the house and obtain the house property certificate, and the reason for not obtaining the house property certificate is that the seller has not gone or is still in the process of processing. In this case, the house transfer contract should be recognized as valid. That is to say, although there is no house property certificate, as long as the house meets the legal conditions for obtaining the house property certificate, it can be transferred. After the transfer, the house property certificate can be reissued according to the procedure.

Another situation is that when signing the house transfer contract, the seller does not have the conditions to register the house and obtain the house property certificate, and there are still some obstacles in the registration and certificate procedures (such as defects in land acquisition, the house has not passed the completion acceptance, etc.). In this case, according to the contract law of the people's Republic of China; According to Article 9 of the interpretation of several issues (1) and Article 2 of the interpretation of several issues concerning the application of law to the trial of disputes over commercial housing sales contracts by the Supreme People's court, if the seller has registered to obtain the house property certificate or has the conditions to register to obtain the house property certificate before the prosecution, the transfer contract can be deemed to be valid. Otherwise, the house transfer contract is invalid.

Only when the property certificate has been completed, can the transaction be normal. Before the transaction is transferred, you should pay off your bank loan (if the mortgage repayment is less than one year, you should pay the penalty to the bank)

The house can't be bought and sold without the property right certificate. Even if you sign the sales contract now, you can't register and transfer the ownership in the housing management department. You can only do the second-hand housing transaction.

When a new house is just bought, the owner needs to pay deed tax, stamp duty and public maintenance fund to the state. After paying these three sums of money, the local real estate department will record the property and issue the property certificate.

If the real estate certificate does not come down, it depends on whether the original owner has paid the above three sums of money to the state. If not, the developer can also change the house purchase contract to your name, and then you pay the three sums of money, so that your name is directly on the real estate certificate.

Bank loans to the first homeowner, does not necessarily need to have a real estate certificate, as long as the developer has a large real estate certificate of the entire community on the line.

Of course, the house you are interested in has already started to be paid monthly. No matter when the real estate certificate comes down, the materials of this house have been put on record in the land and Resources Administration for a long time. In this case, it is impossible to transfer the ownership by changing the house purchase contract. You can only transfer the ownership in the name of second-hand house after the real estate certificate comes down. And the bank said to transfer the mortgage service, but in fact, it doesn't give it to you at all, so we have to wait until the homeowner has paid off the loan and the house has no debt before transferring the ownership. If you also want to get a loan, you can only wait until the house property certificate comes down before you go through the loan procedures.