Return to build housing has appeared in our real estate market, but recently many people's consultation has become more and more. For the problem of return to build housing, it can be said that many people have been worried about the transfer of ownership. So what is the difference between the change of name and the transfer of ownership? How is the procedure stipulated? Let's have a look.
1、 When you apply for a certificate, you need to prove that the house is the original landlord, and that the village has been fighting. Then you take the certificate and the agreement to apply for the certificate. We need the assistance of the original landlord.
2、 One house for two sales depends on who owns the house legally first. It has nothing to do with the time of signing the agreement. So you have to hurry. If one party sells two, the third person expresses objection, the original landlord wants to compensate for breach of contract. If the house is run away by others, you can ask him to pay for it if you take the agreement.
There are several risks
1. Is the house really his.
2. Can this house get a license or not.
3. The landlord couldn't find it when he applied for the certificate.
4. The time to apply for the certificate should be fast to prevent the sale of two rooms in one room. If you fall behind, you will be run away by others.
Extended information:
The procedure stipulates that:
(1) The principle of negotiation should also be carried out in changing the contract.
One party should make an offer to change the contract to the other party (first make an expression of intention); the other party's acceptance of the offer (whether it fully agrees with the content of the offer); the unilateral change of the contract is a breach of contract before the two parties reach a new agreement.
(2) An agreement to change a contract should preferably be in writing.
Before a new agreement is reached, the original contract shall still be valid (telegrams, charts, letters, etc. that have been changed or terminated shall also be kept as data).
effect
The essence of contract modification is to make the modified contract replace the original contract. Therefore, after the contract is changed, the parties should perform according to the content of the changed contract.
In principle, the change of the contract will take effect in the future, the rights and obligations that have not been changed will continue to be valid, and the debts that have been fulfilled will not lose their legitimacy due to the change of the contract.
The modification of the contract does not affect the right of the parties to claim compensation. In principle, the party proposing the change shall be liable for the losses suffered by the other party due to the contract change.