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Can I buy an auction house without a pre-sale permit? What should I pay attention to when buying an auction house?
First of all, it is illegal for a real estate company to pre-sell without obtaining a pre-sale permit. Relevant national laws and regulations have clearly stipulated that it is strictly forbidden for developers to pre-sell without a license. It is also prohibited by law for property buyers to buy unlicensed commercial housing. Secondly, for property buyers, the act of pre-purchasing auction houses without pre-sale permit has not been fully protected by law. In judicial practice, if disputes arise from this, because the pre-sale behavior of the above-mentioned companies is an invalid civil behavior, buyers can only claim to return the advance payment and demand compensation for losses. In the case that the company has no property to execute, the rights and interests of buyers will not be realized. Finally, if the publicity content of the developer in the advertisement, such as the design scheme of the real estate and the planning of the community, has not been approved by the relevant management departments such as planning, then the developer may constitute false propaganda. If the pre-sale contract changes after the buyer pays the house price, the buyer's interest in buying a house may not be guaranteed. (2) Consequences of buying an auction house without a pre-sale permit: 1. There is no guarantee for the time to obtain the property right certificate. 2. In order to get the title certificate, you may have to pay extra fees. 3. The house can be used, but the property right cannot be obtained. The house may be confiscated or demolished by the government. It can be seen that it is best not to buy an auction house without a pre-sale permit, otherwise the rights and interests of buyers may be damaged. If property buyers buy this house with incomplete procedures carelessly or for other reasons, they will bear certain risks more or less. (1) Check the state-owned land use right certificate, construction project planning permit and construction project construction permit. 1, state-owned land use right certificate. Check whether the land purchased for commercial housing construction projects is transferred or allocated. According to the regulations, commercial housing land must be sold, and affordable housing land belongs to allocation. The construction owner shall hold the certificate of state-owned land use right for the pre-sale of commercial housing. Pre-sale projects that have not obtained the state-owned land use right certificate may not only be unable to obtain the land certificate, but also may not be able to obtain the real estate license. 2. Construction project planning permit. This procedure is a legal procedure that the constructor must obtain. If not, the project will not be approved. It is forbidden to buy and sell such houses, otherwise you may not get the house or the real estate license. 3. Construction permit for construction project. This procedure is the legal procedure for approving the project owner to start construction. If not, the project will not be approved. It is forbidden to sell such houses. Otherwise, the consequences are the same as those in Article 5. (two) pay attention to check the business license of legal person and the qualification certificate of real estate development. Check whether the registered items such as enterprise name and legal representative on the business license and qualification certificate are consistent. No business license or qualification certificate; Although there are business licenses and qualification certificates, the relevant contents are inconsistent; Although there is a qualification certificate, it has expired; The business scope of the business license does not have the licensed content of real estate development and operation, and no commercial housing sales contract may be signed with it. Otherwise, there may be disputes and property losses. (3) See if there is a mapping report on the pre-sale area of commercial housing. This is the basis for determining the area of commercial housing. Read the book before signing the house purchase contract and write down the area clearly in the contract. (four) the use of standard contract text, should be carefully read before signing. When signing a contract, both parties must agree on the liability for breach of contract and the way to deal with contract disputes. In case of breach of contract, it shall be handled in the way agreed in the contract. The above are matters needing attention in purchasing faster houses, reminding buyers that after signing the commercial housing sales contract according to law, the seller is required to go through the registration formalities with the management department with the commercial housing sales contract. Unregistered commercial housing sales contracts can't confront a third party, which may cause property losses. In addition, fund-raising cooperative housing, self-built housing by units, and unsold shared housing with immigrant land, whether it is an auction house or an existing house, cannot be directly listed and traded. Participants in fund-raising houses and unit houses should first obtain real estate licenses and land certificates before listing and trading as second-hand houses.
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