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Can resettlement houses be transferred and resold to others?
If the nature of the resettlement land is allocated, the house cannot be transferred without the property right certificate. If the land of the house is transferred, the house will have a title certificate and can be transferred.
Resettlement houses refer to houses that have been demolished due to urban planning, land development and other reasons and placed for residents or tenants to live in. Because the resettlement targets are specific relocated households, the sale of such houses is not only regulated by laws and regulations, but also restricted by relevant local policies of the local government.
Therefore, it is very different from ordinary commercial housing transactions. According to the provisions of relevant laws and policies, the houses for demolition and resettlement are generally divided into two categories: one is the supporting commercial housing built or the low-priced commercial housing purchased due to the demolition of residents by major municipal projects. For example, the Expo demolition on both sides of Huangpu River.
According to the relevant regulations, if the demolished person obtains the supporting commercial house, the property right of the house belongs to the individual, but it shall not be listed and traded within 5 years after obtaining the ownership.
The other is the low-priced commercial housing (relative to the market price) that was demolished due to real estate development and other factors, and the demolition company resettled or purchased it by other means. This kind of commercial housing is no different from ordinary commercial housing. Private property belonging to the resettled person can be freely listed and traded without any transfer period limit.
Extended data:
Matters needing attention in the sale of demolition resettlement houses:
First, rising house prices can easily induce sellers to default. According to the policy, the seller can only transfer the house to the buyer after five years from the date of obtaining the real estate license. In this long five-year period, no one can predict the trend of house prices. When the house price rises sharply, it is entirely possible for the seller to default and sell the house to a higher bidder again.
Second, the buyer can't get the compensation benefits of the second house demolition. In the process of urban expansion, it is not uncommon for some newly-built resettlement houses to face demolition again. At this time, the compensation paid by the demolition department is often higher than the transaction price of the demolition resettlement house, and the distribution of the compensation for demolition often causes disputes between buyers and sellers.
The seller thinks that the house has not been transferred, so the compensation for demolition certainly belongs to the seller; The buyer thinks that the house payment has been fully settled and he has moved in, so the compensation for demolition should belong to the buyer. Legally speaking, the compensation for demolition should still belong to the seller. Therefore, the seller is still entitled to compensation for demolition after receiving the purchase price.
Third, it is easily influenced by uncertain factors. If the transaction time is too long, many unforeseen factors will cause disputes. If the seller dies before the transfer is completed, the seller's successor disputes the sales contract, and the buyer has to negotiate with the heir he has never met before in order to complete the transfer.
In the end, the buyer will have to choose to solve the problem through litigation. As for how long it will take to complete, it is difficult to predict, and buyers will not be able to obtain the property certificate of the house. In addition, changes in national macro-control policies such as taxation and credit will also make buyers and sellers re-evaluate the gains and losses of the transaction.
Baidu encyclopedia-resettlement Fang
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