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How to deal without house property certificate

How to deal without house property certificate

4hw.com.cn: many people know that you need a house property certificate to trade a house, because the house property certificate is the proof that you own the house. Can a house without a house property certificate be traded? How can a house without a house property certificate be traded? Next, Hualv Xiaobian arranges the relevant legal knowledge for you, analyzes it for you, and hopes it can help you.

1、 I've just made the down payment, but I haven't got a mortgage yet

This situation is that developers have not yet to the housing authority for the record, is the best deal with.

The buyer and the seller can directly go to the developer for contract transfer, that is to discuss with the developer, sign a new house purchase contract with the buyer, and take back the old house purchase contract. Then the buyer will pay the down payment to the seller. The following things are just like buying a new house. The name of the buyer is directly written on the record of the housing authority. The bank mortgage is also handled by the buyer himself. The real estate certificate is directly the name of the buyer.

2、 I'm paying the mortgage, but I haven't paid it yet

Method 1: change the name directly

technological process:

1. The seller will pay off the bank loan;

2. After the seller takes the settlement certificate issued by the bank, he goes to the housing authority to take out the mortgage contract;

3. Developers with the contract and cancellation of the registration form to the real estate bureau for the cancellation of the housing procedures;

4. After the cancellation, the buyer and the developer sign a new commercial housing sales contract, and then go to the housing authority for re filing.

matters needing attention:

1. The house has to pay off the bank loan

2. The change of name must be approved by the developer

3. The buyer can't mortgage any more and must buy it in full

The advantage of this method is that the procedure is relatively simple, and there is no tax in the whole process. The disadvantage is that we can't mortgage, and there are a lot of blank periods in the middle, so the risk is relatively high.

From the perspective of national laws and policies, real estate without property right certificate is not allowed to trade. Therefore, this kind of transaction is not protected by law, and any problems can only be handled by oneself.

Method 2: both parties agree to wait for the house property certificate to come down and then transfer

This way belongs to the second-hand housing sales, so the tax to pay is more.

include:

Personal income tax: 1% of the total house price

Deed tax: 1% of the total house price for less than 90 square meters; 1.5% of the total house price for 90 square meters to 140 square meters; 3% of the total house price for more than 140 square meters. (all first suite)

(the deed tax shall be paid twice, one when the seller handles the house property certificate, and the other when the buyer handles the new house property certificate.)

Business tax: 5.55%

The advantage of the second way is that it can transfer the ownership in time and the risk is low; the disadvantage is that the tax is high and the time cost is long.

3、 Precautions

1. The house that does not have house property certificate is bigger when trading risk, buyer and seller should be careful!

2. If you encounter special circumstances, you must sell (buy) the house without the real estate certificate. Both parties should have a detailed understanding of the house, make clear when the real estate certificate can be obtained, and agree on the appropriate standard of liquidated damages. At the same time, they should also be psychologically prepared.

3. For the buyer, there are two ways to reduce the risk. One is to pay as little as possible before obtaining the house property certificate; the other is to obtain the right to use and control the house, so that the law will favor the buyer.

4. The house price will fluctuate, so the buyer and the seller should agree on the standard of liquidated damages to avoid one party's breach of contract when the house price fluctuates greatly.

4、 Knowledge link: which houses have no ownership certificate

1. The house developed with collective owned land is also called small property right house.

2. Real estate without project approval or changing project approval without permission

3. Real estate without planning approval

4. Private alteration of planned real estate

5. Private change of land use

6. Disputes over land property rights

7. Houses without sales license and property right certificate

8. Houses not accepted or unqualified

9. The mortgage of land or house has not been released

10. The developer has not paid the relevant taxes

11. Land and houses are sealed up by relevant departments