What is the real estate dispute without transfer?
Under normal circumstances, if the property right transfer registration is not handled after the signing of the sales contract, the purchaser does not own the property right of the house. However, according to the analysis of the case, the reason why the court ruled that the house purchase and sale agreement was valid and asked Mr. Cai and his family to assist Mr. Zhou and his wife in the transfer of ownership was because the house purchase and sale agreement between the two parties was valid and the property right of the house was still in the name of the seller Mr. Cai and his daughter. Therefore, Mr. Cai and his daughter must fulfill the contract. Therefore, the court's decision is legal and reasonable.
According to China's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Contract Disputes, in the trial of real estate cases, the expression of will of both parties to the contract should be respected. 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 the parties request to confirm that the pre-sale contract of commercial housing is invalid on the grounds that they have not gone through the registration formalities in accordance with the provisions of laws and administrative regulations, they will not be supported. To sum up, the house sales agreement between Mr. Cai and his family and Mr. Zhou and his wife is still valid, and the house property rights must be transferred.
What should I pay attention to when transferring second-hand houses?
1, understand the housing situation.
After all, the house we bought is a place where we will often live in the future. When we transfer the second-hand house, we should also know all aspects of the house carefully like buying a commercial house.
For example, the location, address, house number, area, apartment type, pattern, structure, orientation, lighting, width, depth and other details of the house, as well as reserved projects, decoration, property services, living facilities, business circle environment and so on. Only with a comprehensive understanding of these can we be more confident to take over.
2. Check whether the procedures are complete.
In the process of second-hand housing transfer, various procedures need to be prepared, the most important of which is the real estate license, which is the only proof that the owner enjoys the ownership of the house. The house transaction without real estate license is very risky!
The owner can mortgage or resell the real estate license. Even if you get the real estate license without going through the formalities, the homeowner can mortgage and resell it. Therefore, it is necessary to choose a house with real estate license for trading, so as to enjoy legal protection.
3, clear housing property rights
Take a second-hand house carefully and see who the property right of the house belongs to, because some houses have several people, such as heirs, families and couples. Therefore, property buyers should sign house sales contracts with all * * * people.
If * * * someone disposes of * * *' s property without authorization, the sales contract signed by the buyer and it is generally invalid without the consent of other * * * people. In order to avoid unnecessary disputes for this reason in the future, it is necessary to clarify the owner of the house property right when transferring the ownership.
4. Is the house for rent?
Because it is a second-hand house, the disposal of this house was decided by the seller before, and it is also possible that this house is still for rent. Most people pay more attention to the real estate license and transfer procedures, and less attention to whether there is a lease. It is very likely that buyers will get a property that cannot be moved in or used in time.
Because China, including most countries, admits that buying and selling can't break the lease, that is to say, the house sales contract can't compete with the previous lease contract. This point is easily ignored by both buyers and intermediary companies, and is also used by many sellers, causing more disputes.
What is the situation of real estate disputes? What should I pay attention to when transferring second-hand houses? After the above analysis, everyone has a certain understanding of the problem of transfer. There are many problems in the transfer of second-hand houses, and there are also many disputes arising from the transfer. Everyone must have a more comprehensive understanding and avoid these problems through their own understanding.