To understand the risk of real estate notarization to sell a house can help us avoid the risk and protect our own interests. Then the house sale does not transfer the ownership only notarizes may? What is the risk of just house sales without transfer? Let's talk about it.
Is it OK to just house sales without transferring ownership?
Generally speaking, the second-hand housing transactions choose housing notarization rather than direct transfer of ownership, in order to pay less business tax, it may also be because the house itself has not handled the property certificate or other problems. Those who want to do notarization generally include housing agents, speculators or those who have problems with the house itself, such as those who can't get the house property certificate. In order to make the buyers feel at ease, they do notarization of the house. But in fact, this practice is not insurance and there is no guarantee for the house transaction.
According to the law of our country, the real estate right is a registration system. Without the property right certificate, there is still no ownership. In other words, after the house has been notarized, the house still belongs to the seller. The intermediary is likely to cancel the power of attorney or reissue the house property certificate after notarization. Therefore, when buyers buy second-hand housing or direct transfer more insurance, do not blindly covet cheap.
Real estate notarization:
What's the risk of just house transaction without transfer?
1. In order to evade the business tax, the ownership will not be transferred temporarily. Although such a house has property rights and seems to be safe, there is still the risk of unsuccessful transaction. As the whole house is in the trend of value-added, the seller may ask to cancel the transaction because of the high value-added of the house. Although the contract has been signed and notarized, the court may not judge that the house belongs to the buyer.
2. Housing rights are restricted. For example, due to civil litigation, criminal punishment and so on, the owner of the property right of the house is sealed up and mortgaged, so the seller's right cannot be fully exercised.
3. The co owners of the house do not agree to sell the house. The co owner of a house usually refers to the wife or husband of the owner of the house.
4. The seller has no property right to the house, only the right to use it. For example, after some units are divided, the house is always occupied by the employees, but the unit does not transfer the property right of the house to the employees. At this time, the residents only have the right to use the house, but not the right to buy and sell it. This kind of house sale contract, the general notary office does not notarize, even if notarized also does not have the legal effect.
5. LianJian house and small property right house can't get the property right certificate. This kind of housing is unable to obtain the legal property certificate. If it does not conform to the urban planning, the government can demolish this kind of housing free of charge, and all the losses can only be borne by the buyers themselves.
6. Transitional property whose property right certificate is still being processed. When the relevant procedures of the real estate company are not complete, the developer may delay the issuance of the real estate certificate to the buyer. At this time, the first-hand buyer is facing the risk of not getting the real estate certificate. After the first-hand seller sells the house again, the risk is transferred to the second-hand buyer.