When buying a second-hand house, the owner of the house will be required to move out all the registered permanent residence in the house. And some people will encounter the situation that the original house owner does not move the household registration after the house is transferred, how can the original owner not move the household registration after the house is transferred? What should buy secondhand room about registered permanent residence to notice? Let's have a look.
1、 How to do if the original owner's account does not move away?
In practical life, we often encounter that after the signing of the sales contract, the seller does not change his residence due to various reasons. Unable to move out of the house in time, leading to the buyer can not be settled in the house.
For the problem of not moving the household registration, buyers are actually in a disadvantageous position. Because when there is a dispute, the public security organs can not force the original owner's household registration to move out. The public security organ can only handle the procedure of moving out of the registered permanent residence under the circumstances that the party concerned has applied for relocation.
Therefore, the buyer based on the sales contract and the new house copy can not start the procedure of the public security organ's account moving out; on the other hand, the household registration moving out involves the functions and powers of the administrative organ, which is not a civil dispute, and such disputes do not belong to the jurisdiction of the court. Therefore, the court does not accept such disputes.
Because in practice, it is difficult for the buyer to move out of the original household registration through the public security organ or the court, so as to move his own residence in. In this case, the best way for the buyer is to reduce his loss by investigating the seller's liability for breach of contract or rescinding the contract.
2、 What should be paid attention to when buying second-hand house?
In the sale of second-hand houses, disputes often occur such as the original landlord does not move out of the household registration. Therefore, I would like to remind you that buyers should pay attention to the following points when buying second-hand houses:
1, registered residence verification
Before signing the housing sales contract, it is necessary to understand the household registration of the house in advance. If necessary, the owner of the house should be asked to bring the original property certificate and identity card to the public security organ, which is usually the local police station where the residence is registered, to inquire about the household registration section.
2. Make clear the time of account moving out and the liability for breach of contract
The time limit and liability for breach of contract must be clearly stipulated in the contract, so as to increase the cost of breach of contract for the seller, so as to urge the seller to perform strictly in accordance with the contract. Once the seller delays the performance or fails to perform, the buyer has the basis to sue for compensation, and there is no need to find another proof of loss.
3. If the registered permanent residence cannot be moved out, the contract will be terminated
It can be stipulated in the "supplementary agreement" of the contract that if the seller is unable to move out of the account due to special reasons, the buyer shall have the right to terminate unilaterally. In order to protect the rights and interests of buyers, the seller should refund the full amount of the purchase money paid by the buyer.
To sum up, is about 'in the second-hand housing business, the original owner's account does not move away? It's all about it. In daily life, it often happens that the original owner does not move his / her household registration due to selling his / her house. In fact, buyers only need to sign the contract when the account moved out of the clause written in, so as to maximize the protection of their rights and interests.