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Is the advance notice registration handled by the developer?
Do I need to register in advance to buy a house? 1. Article 22 1 of the Civil Code stipulates that when a party enters into a sales contract or other agreement on property rights, it may register with the registration authority in advance as agreed, so as to ensure the realization of property rights in the future. After the advance notice registration, without the consent of the obligee of the advance notice registration, the disposition of the real estate will not have the effect of real right.
If the debtor fails to file an application within 90 days after the advance notice registration, it shall be declared invalid.
2. When buying a house, if advance notice registration is carried out, the right to apply for real estate registration will have the effect against a third party after publicity, that is, it will have some real right effect. Therefore, in terms of its nature, advance notice registration is a specific creditor's right, even if it has certain real right effect. After the advance notice registration, without the consent of the obligee of the advance notice registration, the disposition of the real estate will not have the effect of real right.
3. The pre-sale registration of commercial housing does not have the attribute of advance notice registration, which should be paid attention to.
Registration process of house notice 1. After the commercial housing sales contract is filed, the buyer can sign a pre-registration with the developer according to the contract.
2. After the agreement is reached, the buyer applies to the property management department. After the property management department accepts the inspection, it shall register in the register and receive the payment. 3. The following information must be provided for advance notice registration: Application Form for Advance Notice Registration; The commercial housing sales contract has been put on record, and an advance notice registration agreement has been concluded with the parties; The buyer unilaterally put forward the advance notice registration of pre-purchased commercial housing. The buyer and the seller agree on the conditions and time limit for advance notice registration in the commercial housing sales contract, and the buyer shall provide relevant certificates.
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