Question 2: What does it mean that the seal in the shop sales contract is the escrow house? The ownership of the property does not belong to the other party to the contract.
Question 3: Does the escrow house have a real estate license? Yes, according to the regulations, as long as it is a house, it should be registered, except as stipulated by laws and regulations (some public facilities in the community are only registered, and property rights certificates cannot be obtained; Although public houses do not issue certificates)
Question 4: What is escrow public housing? Public housing is public property, which generally refers to state-owned or collective-owned property, and is simply different from private property. State-owned public houses are generally directly managed by the Housing Authority, but some state-owned enterprises manage their own properties, not the Housing Authority. This is called escrow. This is a concept of the past.
Question 5: What are the definitions of property custodians and users in the Provisional Regulations of People's Republic of China (PRC) Property Tax? Property custodian means that when the owner of the house is away from the location of the house or cannot manage his house for other reasons, he can issue a power of attorney and entrust an agent to manage his property on his behalf. Dai Changren is a real estate trustee. Your company has a lease contract with company A, which proves that your company is the user. Whether to pay or not should be negotiated with the local taxation bureau.
Question 6: What are the public houses directly managed by the government and those managed by the unit? Zhiguangongfang is directly managed by the Municipal Real Estate Administration.
The house owned by the unit belongs to the house built by the unit or transformed by the unit.
Question 7: Can Shanghai escrow houses allow new accounts to enter? At present, Shanghai escrow housing does not allow new accounts to enter.
Unless otherwise provided by laws and regulations, the provisions of these Measures shall apply to the real estate entrusted by the Shanghai Municipal People's Government:
I. The following real estates in this Municipality are managed by the Real Estate Management Office (hereinafter referred to as the Housing Management Office):
First, all civil servants at all levels who fled * * * * have no real estate operation;
B, * * * * keep the real estate in the traitor's property;
3. The alien property was stolen because the owner left Shanghai and no one operated it;
D. The real estate forcibly occupied by D.* * * gangs has not been returned by the obligee, or it has been returned by the obligee instead of the obligee himself, and there is a lack of power of attorney or incomplete documents, or the legal heir of the owner has not been determined and needs to be kept;
5. Other immovable property that has been disposed of by people's institutions and entrusted to escrow.
The provisions of the preceding paragraph shall apply mutatis mutandis to the custody of real estate accessories and equipment.
Two, the real estate escrow period is tentatively set at three years. During the escrow period, the obligee or his successor or agent may apply for reimbursement with supporting documents, and the house management office shall return it to the applicant immediately after verification.
If the Housing Authority considers that the application mentioned in the preceding paragraph is unfounded, it shall reject the application with an acceptance statement and serve it on the applicant. If the applicant refuses to accept the instruction specified in the preceding paragraph, he shall raise an objection to the housing management office within 15 days from the date when the instruction is served. Housing management believes that the objection is established, and the original explanation shall be changed; If there is no reason, it should be submitted to the government for final decision, and the objection should be rejected or the original instruction should be changed to confirm.
Three. Where the real estate specified in Item (1), Item (3) and Item (4) of Article 2 of these Measures is managed, the details of the management industry, the reasons for the management, the duration, etc. shall be published in the Liberation Daily and announced together.
4. If the escrow real estate is leased for building houses or has debts and other rights, the interested party shall apply to the housing management office for verification with relevant evidence during the escrow period.
Five, the real estate management, should fulfill the responsibilities of managers, and can be used according to the industrial situation. If the appliances and equipment attached to the house are in danger of being damaged or inconvenient to manage, they may also negotiate with the relevant authorities to auction in advance and reserve the price.
Six, the proceeds from the use of real estate, after deducting 20% of the escrow fee, can be deposited with the auction price mentioned in the preceding article in the special discount deposit account.
7. Taxes and repair expenses that should be borne by the escrow real estate shall be paid from the deposit mentioned in the preceding paragraph. If there is no deposit or insufficient deposit mentioned in the preceding paragraph, the advance payment shall also be converted into a conversion unit, and the applicant shall be responsible for paying off.
Eight, the escrow of real estate, in addition to the damage and loss caused by natural disasters or other irresponsible force majeure, for those who suffer damage due to infringement, the housing management office should immediately request compensation and transfer the compensation or rights obtained to the applicant.
Question 8: What is "directly governing public houses"? How to classify real estate category and real estate? Zhiguangongfang is a public house directly managed by the real estate management department (Housing Authority). Different from the self-managed public houses built and purchased by state-owned enterprises and institutions.
The category of real estate, also known as real estate division, is the public-private category of the owner of the house or the way of management or property right acquisition. Such as directly managed public houses, self-managed public houses, military products, private houses, rented houses, and escrow houses. The new categories are commercial housing, housing reform housing, comfortable housing, affordable housing, public rental housing and price-limited housing.
Question 9: Do citizens have the right to sell the houses in escrow? People's Procuratorate of Gangzha District, Nantong City, Jiangsu Province
Feng Jinxiang and Feng Jinlong are twin brothers. 1990, when his parents died, he left four brick houses, and the two brothers each inherited two, and handled their own real estate licenses and land use certificates. 1994, Feng Jinxiang went to work in Shenzhen. Before leaving, he entrusted his two houses to his younger brother Feng Jinlong to live or rent. If rented, the rent will be used to repair the house. Soon, Feng Jinlong rented the house to Ding Junhua and used the rent to maintain it once a year. From 65438 to 0998, Feng Jinxiang bought a house in Shenzhen and his family settled in Shenzhen. 1999, Ding Junhua wants to buy the rented house and asks Feng Jinlong if he is willing to sell it. Feng Jinlong thought of taking care of the house for many years and carrying out maintenance management. Moreover, his brother didn't want it for many years and thought he had the right to dispose of it. So he sold the two houses he managed to Ding Junhua and signed a house selling agreement with Ding Junhua. Ding Junhua handled the house ownership certificate and land use certificate through his relatives in the real estate office. In 2000, when Feng Jinxiang went home to visit relatives, he knew that his house had been sold by his younger brother, so he asked his younger brother for a house and asked Ding Junhua to move out. Feng Jinlong disagreed. When the dispute between the two sides could not be mediated, Feng Jinxiang filed a complaint against his younger brother Feng Jinlong.
After hearing the case, the court made the following judgment: this is a civil dispute caused by the custodian selling the escrow house without the consent of the owner. According to Article 75 of the General Principles of the Civil Law, "the lawful property of citizens is protected by law, and it is forbidden for any organization or individual to occupy, plunder, destroy or illegally seal up, detain, freeze or confiscate it." Article 71 "Property ownership means that all people have the right to possess, use, benefit and dispose of their own property according to law". It can be seen that only the property owner has the right to dispose of his property according to law, and others may not dispose of the property owner's property without the consent or authorization of the property owner, otherwise they will bear the legal liability for infringement. In this dispute, Feng Jinxiang entrusted all his houses to his younger brother Feng Jinlong for custody, which was the authorization of the property owner. Feng Jinlong only has the right to use, possess and benefit the house, but has no right to dispose of it.
Although Feng Jinlong maintained and managed the house for many years, he did not obtain the ownership of the house according to law. Because his act of selling other people's houses is illegal, according to Article 58 of the General Principles of Civil Law, Feng Jinlong's act of selling houses is an invalid civil act and has no legal binding force from the beginning.
Question 10: Can the escrow right of the house be transferred?
The escrow right is not ownership and cannot be disposed of. If the escrow right is transferred, the consent of the owner of the house must be obtained in advance. If the transfer is not approved, the transfer will take effect if the owner approves it afterwards. If it is not ratified afterwards, the transfer is invalid.