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What should I do if the house without real estate license is sold by the property?
Second-hand houses with real estate licenses can be listed and traded. This is the basic condition. A house without a real estate license can't be transferred. Only after the transfer, can the house belong to you completely. Because the contract house didn't get the real estate license, it compared the selling price and attracted many buyers. However, there are many risks in buying a contract house.
1. It is difficult to determine whether the seller has the right to sell the house. Without such intuitive proof of ownership as real estate license, it is difficult for the buyer to judge whether the seller is the owner of the house. If the seller has no right to dispose of the house, the agreement between the two parties may be invalid.
2. There are many variables. During the period from the signing of the sales contract to the acquisition of the real estate license, the seller may choose to terminate the contract due to various factors. For example, after the house price rises, the seller repents and unilaterally increases the price, but does not change the house. In the absence of real estate license, the purchase contract signed by buyers and sellers is generally not protected by law. The buyer can't force the seller to perform the transfer formalities according to the sales agreement between the two parties, and often can only recover the paid house purchase price and liquidated damages according to the contract.
3. The seller sold the house to a third person at a higher price by improper means, resulting in a dispute over the ownership of the house between the two buyers.
4. Due to the developer's reasons, the seller has been unable to obtain the title certificate for a long time, which leads to the buyer's inability to handle the transfer and enjoy the right to dispose of the house.
5. It is impossible to define the nature of the homestead. The nature of land is generally land circulation. Of course, some commercial houses are allocated land. If the land is allocated, and the land use right is obtained by allocation according to the Urban Real Estate Management Law and the Land Management Law of the People's Republic of China, the transfer of real estate shall be reported to the people's government with approval authority for examination and approval in accordance with regulations. Determine the land use according to the planning procedures issued by the planning department; According to the new land use approved by the Municipal People's government; Pay the transfer fee of land use right in accordance with the relevant provisions of the state.
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