Does the property have the right to deduct the owner's real estate license?

The word "deduction" speculates that there are outstanding debts (usually property fees), but the property company is only a company that provides property services, and unlike real estate companies, it has no right to "lien".

In addition, regardless of whether the real estate license has been obtained, as long as the "real estate license" has its own name, it means that the registration has been completed and the ownership has been transferred, so the owner can apply to the corresponding authority to report the loss and reissue it, but it is no problem to be detained in the property.

Legal analysis

The questioner is worried about whether his ownership of the house will be threatened. From a purely legal point of view, under normal circumstances, except for natural forces and national coercion, the owner can freely decide the ownership of property rights under his name, including setting a mortgage-"being taken away by others". There are many situations, which may be private loan mortgage, intermediary submission, or even taking it to a registered school in .................................................................... As long as I don't agree to transfer the ownership, the legal ownership change effect cannot happen directly. Therefore, "receiving the real estate license" does not mean "obtaining the ownership". The person who takes the real estate license, whether borrowing money or trying to sell it directly, is "not entitled to dispose of it". Only when the third party is "in good faith" can it constitute bona fide acquisition and the effect of ownership change occur. No matter whether it is borrowing money or selling a house, there is no personal presence. In short, if the real estate license is held by others for some reason, from an administrative point of view, both banks and real estate trading centers must require the holder to be himself or a notarized trustee, and require the original household registration book, ID card and other documents to go through the relevant formalities. From the point of view of property right compilation, even if it passes administrative verification or bank evaluation in some way, it will not produce the actual effect of property right change. The claim that the loan or sales contract is valid cannot be supported in court.

legal ground

Article 597 of the Civil Code of People's Republic of China (PRC), if the ownership of the subject matter cannot be transferred because the seller has not obtained the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract. Where laws and administrative regulations prohibit or restrict the transfer of the subject matter, such provisions shall prevail.

"Provisional Regulations on the Registration of Real Estate" Article 2 The term "registration of real estate" as mentioned in these regulations refers to the act of the real estate registration agency to record the ownership of real estate rights and other legal matters in the real estate register according to law. The term "immovable property" as mentioned in these Regulations refers to land, sea areas, houses, trees and other fixed objects.

Article 21 of the Provisional Regulations on the Registration of Real Estate is registered when it is recorded in the real estate register. Upon completion of registration, the real estate registration agency shall issue the certificate of ownership of real estate or registration certificate to the applicant according to law.

"Provisional Regulations on the Registration of Real Estate" Article 33 Before the implementation of these regulations, all kinds of certificates of ownership of real estate issued according to law and the real estate registration books made by them shall remain valid. During the transition period of unified registration of real estate, the registration of rural land contractual management rights shall be implemented in accordance with relevant state regulations.