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The house has not been transferred yet.
According to China's Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts:
"In the trial of real estate cases, we should respect the wishes of both parties to the contract. As long as the agreement between the two parties does not violate laws and policies and does not harm the interests of the state, the public and others, the effectiveness of the contract should be maintained. "
"If a party requests to confirm that the pre-sale contract of commercial housing is invalid on the grounds that it has not been registered and filed in accordance with the provisions of laws and administrative regulations, it will not be supported."
Possible dangers of the house not being transferred:
According to China's Property Law, the transfer of property rights must be registered. Therefore, the buyer can't obtain the property right of the house only through notarization, and the simple notarization can't play a legal role in transferring the property right of the house. If the seller wants to cancel the transaction for his own reasons in the future and can't guarantee that he can obtain the property right only by the purchase contract and notarization, then he may own both the house and the real estate.
Because there is no transfer, the actual property right of the house still belongs to the seller. Once the seller is involved in an economic dispute, the property may be mortgaged, sealed up or even confiscated for auction.
The immovable property in the real right shall not be registered or opposed to a bona fide third party. Notarization does not restrict the original owner from selling the property to a third party again. If the third person is recognized as a bona fide third person by the court, the property buyer still can't get the property right.
Sale and transfer process: 1, on-site house inspection.
On-site house inspection is an indispensable and important step in the process of house transfer. If there is no on-site inspection on the transfer, it is easy to produce disputes. Therefore, the buyer should inspect the house on the spot and check the authenticity of the real estate license, land certificate, property owner's ID card and other related documents.
2. Sign a sales contract
After the house is verified, the buyer and the seller can sign the sales contract, pay attention to the transaction details and avoid the problem of unclear division of responsibilities.
3. Go through the loan formalities
If the buyer needs to go through the loan procedures, he should prepare the corresponding loan materials, or ask the seller to prepare the real estate license and other materials to go through the housing loan procedures together.
4. Deal with transaction transfer
It usually takes a week for buyers and sellers to go to the real estate bureau to handle the transfer formalities in person with the original relevant documents. When handling the transaction transfer, the buyer needs to pay the down payment to the seller, and the buyer and the seller need to pay the corresponding taxes.
5. Transfer of land certificate.
The buyer needs to prepare new property certificate, old land certificate, second-hand house sales contract, original buyer's ID card and other documents, and go to the relevant departments to handle the transfer of land certificate.
6. Submitted by the House of Representatives
After the formalities are completed, the buyer requires the seller to move out of the registered residence, and requires the seller to pay the water, electricity, gas, property management fees, cable TV, telephone and other expenses during the house inspection. After signing the Confirmation of Property Handover and paying the balance of the house, the transaction is over.
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