It is troublesome to buy a house without a real estate license. The case tells you what the trouble is.

The children are in school, but they still can't get the real estate license after buying the house for several years. Without real estate license, it can be said that it is inconvenient everywhere. Today, through a case, what troubles may there be without a real estate license?

Mr. Liu, a citizen of Changchun, has been staying for 5 years and the real estate license has not been done. Where children go to school has become a problem: with the real estate license, they can enter the primary school attached to Normal University without paying the school selection fee. ...

News Background In the early morning of September 8th, the real estate agencies in Xinglin and Debon experienced a "viral" rapid expansion, and this agency that once enveloped the aura of "China Real Estate Agency Headquarters" collapsed almost overnight. Since the end of August, the sudden closure of the "Xinglin" real estate brokerage company with Wu as the legal representative has occurred in more than 9 provinces and regions across the country. Why did the "Xinglin Department" real estate agents occupy the market share of real estate agents so quickly? This stems from the fact that "Xinglin Department" real estate agents often use "whether there is a real estate license or not, they can cheat buyers through Xinglin real estate transactions", and "real estate license" has become an important tool for them to cheat.

So, how difficult is it to get a real estate license?

phenomenon

The house has been bought for more than seven years, and the real estate license has not been done yet.

In 2007, Ms. Li, a citizen of Changchun, bought a house in Songyuan Community, Erdao District. At that time, the developer promised that the real estate license would come down within three years, but nearly seven years later, the real estate license has not come down. Ms. Li found developers and properties several times and asked why, but she got different reasons. Recently, Ms. Li once again came to the property to inquire, and the answer was, "The real estate license is still being processed. Due to the contradiction between the developer and the construction party, some procedures and documents were taken away, which led to the delay in the real estate license. "

Ms. Li said that her family has been selling the house for more than a year, even though the price of the house is lower than other surrounding communities, it has not been sold. No one dares to buy this house because there is no real estate license. Even if the agreement is signed privately, it is risky for both buyers and sellers. "Developers can't do real estate licenses. It's really a pit."

There are hundreds of households in Song Yuan district who have not got the real estate license. The owners negotiate and want to safeguard their rights and interests through legal procedures.

harm

4. rights and interests are affected.

What are the inconveniences if there is no real estate license? Like Ms. Li, the house is not convenient to resell, and it is only one aspect that there is no real estate license. Lawyer Sun Haoran of Jilin Sunshine Bozhou Law Firm pointed out that if the owner can't get the real estate license, it may affect the rights and interests in four aspects.

The first is that it will affect children's schooling; Secondly, it hinders the transfer or lease of houses; Without the real estate license, it is impossible to mortgage the property in order to obtain an investment loan; In another case, if the developer uses the time difference between the sale and the filing to mortgage the house, once there is a problem with the funds, the bank's development loan can't be repaid, and the loss of the buyers may be more than the real estate license.

Citizen Mr. Liu lives in Eslite Community near Nanhu. He has been staying for more than five years, and the real estate license has not yet been issued. Mr. Liu said, "If there is no real estate license, if nothing else, it is worrying that children go to school alone." According to the school district, Eslite Lakeside Community belongs to the school district attached to Normal University, and there is no real estate license, so the household registration has not been moved, and children can only go to school in the original household registration.

Mr. Liu frowned and said, "A real estate license broke my heart. The child will go to primary school next year. Is it necessary to take a school selection fee that should not be paid? "

interpret

Why is the real estate license so difficult?

Developers should apply for initial registration after the completion of commercial housing development and construction, that is, register the completed houses in the developer's name and apply for a "big certificate". Then the developer takes the house ownership certificate under his own name and handles the transfer registration of commercial housing with the owner, and then the owner has his own house ownership certificate.

Sheng, secretary-general of Changchun Real Estate Association, said, "There are many reasons why developers can't get real estate licenses. These two registration links (referring to initial registration and transfer registration) may cause difficulties in obtaining a certificate, mainly due to incomplete procedures, and may not be able to pay the deed tax in time. " Some development companies failed to organize construction according to the approval of relevant departments such as planning and construction in the process of project construction, which led to difficulties in planning and completion acceptance. It was necessary to go to relevant departments to complete the planning and acceptance procedures, which made it difficult to handle initial registration, let alone transfer registration.

In addition, developers often handle the transfer registration in batches, but individual owners fail to pay the deed tax, overhaul fund and other related taxes in time, or fail to provide personal identification documents and other materials in time, which affects the overall progress of the owners.

guide

How to urge the real estate license to be issued as scheduled

Sheng said that after buying a house, there will be a time for the real estate license to be issued in the purchase contract. If the certificate is not issued within the time limit, he made some suggestions to the owner: if the owner encounters the problem of issuing the certificate, he should first ask the developer the reason and urge him to deal with it as soon as possible. At the same time, you can also report the situation to the Housing Authority.

First of all, if it is impossible to apply for a permit due to the developer's reasons, such as the house failing to pass the acceptance of planning and construction or there are problems left over from history, the Housing Authority can conduct research and analysis on the projects involved, inform and urge them to go through relevant procedures as soon as possible; If the situation is complex and multi-sectoral consultation is really necessary, the Housing Authority shall apply to the higher authorities for holding a coordination meeting, and relevant departments such as construction, planning and housing management shall jointly study and propose solutions.

Secondly, if individual owners fail to pay deed tax and housing maintenance fund in time or fail to provide relevant documents, the Housing Authority will coordinate the development company to handle the housing ownership certificate for qualified owners first.

In addition, if the batch application for accreditation leads to an increase in accreditation procedures, the Housing Authority will coordinate staff to speed up the processing.

Notice; pay attention to

The owner can apply for the real estate license within 90 days after the house is closed.

Lawyer Sun Haoran said that according to the relevant provisions of the Supreme Law "Interpretation of Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts" and "Administrative Measures for the Pre-sale of Urban Commercial Housing", unless otherwise agreed by the parties, the owner should handle and obtain the real estate license within 90 days after the house is closed, and the developer should provide assistance and necessary supporting documents. But in reality, few owners can get the real estate license within 90 days or even 1 year. Moreover, most of the purchase contracts only stipulate the time limit for the developer to provide information to the property right registration authority (mostly 360 days), and do not mention the specific time limit for the owner to handle the real estate license. In addition, the owner can apply for returning the house and claim compensation for the corresponding losses according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts or the Regulations on the Administration of Urban Real Estate Development and Operation.

Sheng pointed out that in order to solve the problem of difficulty and delay in real estate license, the key is to further clarify the provisions and contract contents (such as the specific time limit for owners to obtain real estate license) and strengthen supervision.

On the other hand, as the owner, we should understand two points: first, the applicant of the real estate license is the owner, and the developer only plays a supporting role; 2. Within 90 days after the delivery of the house, the owner can voluntarily pay the relevant taxes and fees, and then start to apply for the personal real estate license.

Advice from others

Do not apply for real estate license, stop the new project procedures.

As early as 2007, the Shaanxi provincial government and the xi municipal government announced that the departments of land, planning, construction and housing management would punish the units that refused to apply for permits, stop all procedures for new and under-construction projects, and investigate the responsibilities of relevant personnel. In other words, developers do not apply for real estate licenses, and new and under-construction projects cannot go through the formalities and related qualifications. (Reporter Feng Chao/Report)

General procedures for handling real estate licenses

(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.

(The above answers were published on 2015-12-21. Please refer to the actual situation for the current purchase policy. )

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