What if the developer runs away and the house has no real estate license?

If the developer's company has not been cancelled, you can claim that the developer is liable for breach of contract according to the sales contract between the two parties. After the judgment is supported, you can apply to the court for enforcement.

Before that, we can also try to investigate whether developers have executable property to ensure that their rights and interests are safeguarded.

You can also ask the local housing and construction bureau and the government for help. You can go to the real estate trading center to apply for the real estate license with the purchase contract, land use right certificate and ID card. The specific process is as follows:

1. Make sure that the developer has registered initially.

Initial registration of developers is a necessary prerequisite for their own real estate license.

According to the provisions of Article 34 of the Measures for the Administration of Commercial Housing Sales, real estate development enterprises shall, within 60 days from the date of delivery of commercial housing, submit the information required for the registration of housing ownership to the real estate administrative department where the housing is located.

Usually, it takes about 20 to 60 days for the competent department to handle the initial registration, so two or three months after the house is closed, you can ask the developer about the initial registration, or you can go to the local real estate transaction information website to inquire.

In order to ensure their own interests, the purchase contract should stipulate the time limit for the developer to handle the initial registration, especially the time limit for the developer to handle the initial registration and the "timely notification obligation" after the registration is completed, and clarify the liability for compensation.

2 to the management department to receive and fill in the "housing (land) ownership registration application form".

After completing the application form, the developer needs to sign and seal it. Some developers will have ready-made stamp forms in their hands, and just go to the developers to get them and fill them out. You can ask the developer in advance in which department the real estate license should be handled, and then directly consult the department, saving the pain of running around.

3. Take the map as an example

Because the surveying and mapping table is an important basis for the registration department to determine the area marked on the real estate license, and it is one of the necessary materials. You can apply to the housing area measuring station designated by the developer and get the surveying and mapping table, or you can go directly to the developer with your ID card and apply to the registration department for surveying and mapping the housing area.

4. Get relevant documents

When you ask the relevant departments in front, you must be clear about what necessary application documents you need to receive and get them all at once. These documents include the purchase contract, the house settlement form and the copy of the big house property certificate. The completed application form needs to be reviewed and sealed by the developer.

5. Pay maintenance fund and deed tax.

Public maintenance funds are generally collected by the community office in the area where the property is located. In some cities, public maintenance funds have been collected by banks, and the payment method can be asked by the developer's staff. It should be noted that the payment voucher must be kept whether it is collected by the community office or by the bank. The payment voucher of these two funds is a necessary document for handling the real estate license. Once lost, it will affect the acquisition of the real estate license.

6. Submit application materials

Materials mainly include the following contents:

(1) sealed application form;

(2) Housing sales contract;

(3) Confirmation letters of the buyers and sellers who signed the pre-sale contract on the house number, the measured area of the house and the settlement of the house price;

(4) Surveying and mapping table, house registration form and household registration book in duplicate;

(5) Special receipts for special maintenance funds;

(6) deed tax payment or tax exemption certificate;

(7) the identity certificate of the buyer (copy of the original inspection);

(8) Submission agreement for some houses;

(9) Proof of advance payment from the bank.

7. Get the real estate license according to the specified time.

Be sure to keep the license notice given by the management department and get the real estate license according to the time notified above. In addition, when paying stamp duty, property registration fee and production fee, we should carefully check the records of the real estate license, especially the important information such as area, location, owner's name and ownership status.

Extended data:

Housing permit (real estate permit) refers to the certificate that the buyer obtains the legal ownership of the house through the transaction and can exercise the right of possession, use, income and disposal of the purchased house according to law. That is, the "House Ownership Certificate" is the legal certificate for the state to protect the ownership of houses according to law.

Proof that the owner manages and uses his own house.

Property ownership certificate includes house ownership certificate and house ownership certificate. Generally speaking, the real estate license is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.

According to China's current housing ownership registration system, housing registration is a legal way to publicize the ownership of urban housing rights.

20 1 1 In late August, the tax authorities said that if the property was added, the deed tax would be levied at half of the house price.

20 13 In April, Beijing Municipal Commission of Housing and Urban-Rural Development stated that in order to prevent false sales and ensure the safety of housing transactions, the house ownership certificate obtained by Beijing buyers will be given a password free of charge, and the password must be provided if the house needs to be registered for transfer, change or mortgage. It is expected to be implemented in the second half of 20 13.

General procedure

(1) Within one month after the real estate transaction, both the buyer and the seller shall go to the real estate exchange to register the transfer of ownership with the documents such as the house purchase and sale contract. You need to bring your ID card, household registration book, commercial housing sales contract and other documents when you register.

(2) After receiving the transfer notice from the Exchange, the buyer and the seller should bring their ID cards, household registration books, seals, etc. After paying the handling fee, deed tax and stamp duty, you can go through the transfer formalities.

The exchange will issue a real estate sales contract to the buyer. In principle, the real estate license must be handled jointly by the buyer and the seller. If the buyer and the seller or one of them cannot handle the formalities of ownership transfer and property right registration for any reason, they may issue a power of attorney to entrust an agent to handle it on their behalf.

(3) After completing the transfer formalities, the buyer shall apply for registration with the municipal or district (county) Housing and Land Administration Bureau where the house is located within three months with the house sales contract issued by the real estate exchange.

The documents and materials needed to handle the application include: the house ownership certificate of the whole building owned by the seller, the commercial house sales contract, the copy of the stub of the commercial house sales invoice, the copy of the ID card, the registration form of the house ownership transfer, the wall boundary table and the area calculation table.

(4) After being audited by the real estate management department, the buyer can get the title certificate.

References:

Baidu encyclopedia-real estate license