You idiots, of course, the most important thing is to get the real estate license. Only when you get the real estate can you prove that the house is yours, because it is illegal to rent, transfer, exchange, gift, inherit, mortgage or meet the compensation for building demolition. If there is no real estate license, the above actions are illegal! !
However, several recent events suddenly made Mr. Mortgage realize that many times, even if you have a real estate license, this house probably won't belong to you. What is the reason?
Case 1: Yanjiao real estate in Hebei changed from "big property right" to "small property right"
On the eighth day of the Lunar New Year, Mr. Xiao, who lives in Yanjiao, Hebei, wants to sell his existing house. However, when he went to the real estate office to apply for the title certificate, he found that the 70-year property right on the title certificate was only 50 years in the property right office.
Similar to Mr. Xiao, there is Miss Wang. Miss Wang bought a house in Yanjiao in 2002, and the real estate license clearly stated 70 years of residential land. However, in June and February of last year, 5438, she suddenly found that her house could not be traded. It is understood that after the promulgation of the real estate policy in June 5438+February last year, the community has not settled down, resulting in the owners of the community not receiving the real estate license. At present, some houses in the community have been transferred, but the final payment cannot be obtained from the bank. Some houses can't be mortgaged even if the final payment is paid off.
Reason: According to the regulations of national real estate registration, owners need to replace new real estate ownership certificates when buying and selling real estate, trading real estate and changing the owner of real estate. At this time, the real estate registration center will inquire about the remaining years of land use rights. Mr. Xiao and Miss Wang learned that the nature of the land in their community is not residential. Fortunately, I met industrial land or commercial land, but the property rights have shrunk; In case of bad luck and illegal land use, where will you argue?
According to Article 12 of the Provisional Regulations on the Assignment and Transfer of State-owned Use Rights in Cities and Towns of People's Republic of China (PRC): "The maximum term of assignment of land use rights shall be determined according to the following purposes: (1) seventy years of residential land; (two) fifty years of industrial land; (three) fifty years of land for education, science and technology, culture, health and sports; (four) forty years of commercial, tourism and entertainment land; (five) comprehensive or other land for fifty years. "
Due to the different nature of land use, Yanjiao real estate has changed from "big property right" to "small property right".
Example 2: Low-cost house purchase contract is invalid.
Ms. Huang, a citizen of Beijing, said that she bought a property through an intermediary five years ago and signed a house sale agreement with the intermediary. Later, she signed an existing commercial housing sales contract with the original developer, and then got the real estate license and land use right certificate.
20 16 16 On February 29th, Chaoyang court ruled that the house purchase contract signed by Ms. Huang and the developer was invalid, because the house involved had other rights holders and the purchase price was seriously lower than the market price, and there was malicious collusion between the buyer and the developer. There are many owners who have the same experience as Ms. Huang.
Reason: Actually, the reason why Ms. Huang was cheated is very simple. Because the house involved is a non-performing asset, its real property right does not belong to the original developer, and because the developer and the agency deliberately conceal the real property right of the house, Ms. Huang was cheated.
I don't know if you found a similarity after Mr. Fang Dajun said these two things, that is, in these two incidents, the owners of the houses involved handled the real estate license through legal channels, that is to say, the owners have legal ownership of the real estate. But the problem is, even if you hold a legal real estate license, in the face of these two situations, the real estate license still does not have its effectiveness, so how should you guard against it as an owner?
In view of the first situation, the government will indicate the nature of the land when transferring it. If buyers are willing to buy real estate, they can actually find it through a very simple method:
Let's take Beijing for example. First of all, we can log in to Beijing Municipal Bureau of Land and Resources. In the function area of the home page, we can see the function option of "land transaction information inquiry"
Click enter to see the transaction information of all land transactions in Beijing since 2009.
We click to enter one of the land transaction information, and we can see the following:
The three plots correspond to three different land use properties, and the plot "0 1- 15-0 1" corresponds to R2 second-class residential land, which means that only this plot can be used as residential land, and the corresponding property right period should be 70 years.
(Note: It should be noted that the land information in Beijing can only be queried until 2009. If you want to inquire about the information before 2009, you need to bring your real estate license and ID card to the relevant departments for personal verification. Other cities should also take the information published by the local government as the standard. )
In the second case, generally, with the arrival of the peak sales season in the property market, there will often be a number of low-priced or special-priced houses on the market.
However, it is understood that these low-priced houses on the market are inherently damaged, so their pricing is often lower than the surrounding areas.
In the face of large discounts, buyers should pay more attention. For the house with "congenital deficiency" in terms of floor, orientation, apartment type, ventilation and lighting. In the process of choosing a house, buyers should comprehensively weigh, choose carefully, see more and compare more, and carefully check the residential equipment and facilities during the house inspection to reduce the risk of buying a house.
(The above answers were published on 20 17-02-2 1. Please refer to the actual situation for the current purchase policy. )
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