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The house in my hometown has no real estate license, only private property license. Does it have legal effect?
Legal analysis
How to determine the right of unlicensed real estate: If you buy a house without a real estate license, it means that you are not the owner of this house. This house is generally called a small property right house. "Small property houses" are houses built on collective land sold by some village collective organizations or developers in the name of new rural construction, or "commercial houses" built by farmers themselves. At present, there are two kinds of "small property houses": one is built on collective construction land, that is, the houses built on the homestead only belong to rural collective owners, and even farmers in other villages can't buy them; The other is illegal construction on land used by collective enterprises or farmland occupied. First of all, it must be clear that a small property right house is a legal building as long as it has gone through the relevant examination and approval procedures according to law, because the law allows rural collectives to build houses on collective land. Therefore, not only "small property houses" are illegal buildings. At present, some "small property houses" have some problems in the sales process, which conflicts with the current laws and regulations. Therefore, many people mistakenly think that "small property houses" are illegal buildings. "Small property right house" can be confirmed as long as the buyer is a collective member, meets the conditions of "one household, one house" and provides relevant examination and approval procedures.
legal ground
People's Republic of China (PRC) Civil Code
Article 209 The establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect, except as otherwise provided by law. Natural resources owned by the state according to law may not be registered.
Article 215 A contract concluded between the parties on the establishment, alteration, transfer and extinction of the real right of immovable property shall become effective upon the establishment of the contract, unless it is otherwise provided by law or agreed by the parties. Failure to register the real right shall not affect the validity of the contract.
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