Excuse me, I want to buy a resettlement house in Quanzhou. How to deal with it? Thank you friends and lawyers.

In recent years, with the increasing area of resettlement houses in the central city of Quanzhou, how to trade the property rights of resettlement houses has aroused great concern. The relevant person in charge of the Municipal Housing Management Bureau said that the property rights transaction of resettlement houses has already had rules to follow.

According to the Regulations on the Management of Resettlement Housing Transactions in the Central District of Quanzhou implemented by the municipal government on September/Kloc-0, 2007, the resettlement housing transactions in the central city (Licheng District, Fengze District, Luojiang District and Quanzhou Development Zone) are organized and implemented by the government, but the land transfer fee must be paid first. The reporter learned from the Municipal Bureau of Land and Resources that at present, the payment standard for land transfer fees has been formulated and is expected to be announced to the public in the near future.

It is understood that there are currently more than ten resettlement housing communities in the central city, covering an area of several million square meters, including Chengdong District, Qiaonan District, Haixing District, Baoxiu District, Dongtu District, Long Ting, National Highway No.324 Phase II expansion and reconstruction resettlement area, Xuefu Road expansion and reconstruction project resettlement area, Shenzhou District, Yanling District, South Shaolin Temple District and surrounding areas. These resettlement houses have been or will be delivered to the relocated households.

The property right certificate of resettlement house is otherwise marked.

According to the regulations, after the initial registration of the property rights of resettlement houses, the residents can apply to the municipal real estate management department for the household registration certificate of housing property rights with the relevant materials such as the certificate of housing ownership, the demolition compensation and resettlement agreement, and the resettlement certificate issued by the residents. The municipal real estate management department shall indicate "the house is a resettlement house" in the postscript column of the property right certificate when handling the household registration book of resettlement house.

Resettlement houses can be listed and traded according to law after obtaining the house ownership certificate and the land use certificate. Before the resettlement house handles the transaction transfer, the owner of the house who indicates in the postscript column of the ownership certificate that "the house is the resettlement house" should first pay the land transfer fee to the Municipal Bureau of Land and Resources, and then go to the municipal real estate management department to handle the transaction transfer with the relevant procedures for paying the land transfer fee. The land transfer fee is calculated at the benchmark land price on the date of land approval of this project. After the transfer of the resettlement house transaction, the supplementary column of the re-issued house ownership certificate is no longer marked as "the house is a resettlement house".

There is no need to pay the land transfer fee when the resettlement house goes through the inheritance registration after obtaining the house ownership certificate, but the reissued house ownership certificate still indicates "this house is a resettlement house" in the postscript column.

There are a large number of unlicensed transactions in resettlement houses.

Although the relevant government departments have repeatedly stressed that unlicensed resettlement houses cannot be listed and traded, there are a large number of unlicensed resettlement houses in the market because there are no corresponding punishment measures. Especially in recent years, many residential areas in Quanzhou have been demolished, and many relocated households have large housing areas and can change multiple houses. Because it takes a long time from demolition to the completion of new houses, and the speed of handling property right certificates for resettlement houses is usually slower than that of commercial houses, many landlords can't wait to sell the resettlement houses that have not yet obtained the "two certificates", and even some resettlement houses that have not yet started have been sold by real estate agents.

Although many resettlement houses are still "black households", their low prices always attract the attention of many buyers. Since 2006, all resettlement housing projects in Quanzhou, such as Qiaonan, have spread the information of booking sales, starting from 3,500 yuan per square meter in Qiaonan, 5,000 yuan per square meter in Dongtu, 2,850 yuan per square meter in Chengdong and 2,700 yuan per square meter in Baoxiu. However, as the delivery date approaches, the prices of these houses are also rising.

Buying an unlicensed resettlement house is very risky.

The reporter learned that the transaction mode of unlicensed resettlement houses is generally: the buyer and the seller sign an appointment sales contract (or through an intermediary), the contract declares that the house has been sold, and then the contract is notarized to prove that the transaction between the two parties has taken place, but the buyer must wait for the completion of property rights before going through the transfer formalities.

Because this transaction method can't apply for mortgage loan in the bank, the buyer usually needs to pay the house price in one lump sum or twice as agreed by both parties. For example, some sellers require a one-time payment of 90% of the total house price, and the rest will be paid after the property is transferred; Some sellers require 60% of the total house payment in advance, and then pay off the remaining house payment after delivery. Therefore, buying such a resettlement house is not a small pressure for buyers.

However, some people in the legal profession said that it is very risky to buy unlicensed resettlement houses. Because the buyer and the seller only deal with the right to obtain resettlement housing, the contract signed in this way is likely to be legally invalid. In the event of a dispute, it is difficult to protect the interests of the buyer. In addition, many resettlement houses have complicated ownership problems. For example, demolished houses often involve several generations. During the transaction, the seller must also obtain the written consent of other property owners to ensure clear ownership. In addition, when the property right is transferred to the buyer's name, if the seller has outstanding bank loans or other debts, the seller's creditors can still retain the right to dispose of the house.