Is the second-hand housing transaction contract without housing certificate unfair and effective?

According to Article 38 of People's Republic of China (PRC) Urban Real Estate Management Law, the real estate that has not been registered according to law and obtained the ownership certificate shall not be transferred. Therefore, only after obtaining the real estate license can it be legally listed and traded, and the real estate transfer business can be handled. Therefore, you can't handle the transfer formalities without the real estate license. The transfer process of real estate license is as follows:

First, the real estate transfer preparation information

(1) application form for real estate transfer registration;

(2) the identity certificate of the applicant;

Materials required by the seller: original ID card and copy of ID card. If you are married, you need the original and photocopy of the marriage certificate and the original real estate license; If one of the husband and wife can't be present, they should first write a power of attorney and then go to the judicial bureau for notarization, and a copy of the household registration book.

Materials required by buyers: original and photocopy of ID card, household registration book and photocopy. If you are single, you need to go to the Civil Affairs Bureau to issue a single certificate.

(3) Certificate of real estate rights;

(4) Administrative decisions of relevant administrative organs, real estate sales contracts (notarized real estate sales contracts shall be submitted as required) or notarized real estate gifts, or notarized real estate inheritance certificates, or real estate exchange agreements, or real estate division agreements;

(5) If the mortgage has been established, a written document agreed by the mortgagee shall be submitted;

(6) The people's court submits an effective judgment, ruling, conciliation statement and notice of assistance in execution;

(seven) if an unincorporated enterprise or organization transfers real estate, it shall submit the approval documents of its property rights department;

(8) The land allocated or exempted by the Administration shall be submitted with the approval document of the competent department and the proof of paying the land price;

(nine) to obtain real estate by means of bidding, auction and listing, it shall submit the letter of acceptance, the letter of auction and the contract for the assignment of land use rights, and provide proof of paying the land price;

(10) If it belongs to government welfare commercial housing, it shall be submitted to the relevant competent department for examination and approval;

(1 1) Submit the demolition compensation agreement;

(12) A written opinion that someone agrees to transfer the real estate;

(13) If the enterprise is acquired or merged, the approval documents of relevant departments shall be submitted;

(14) real estate allocation between state-owned enterprises or other organizations,

The approval documents of relevant departments shall be submitted;

(15) Other documents stipulated by laws, regulations, rules and normative documents.

Second, the real estate transfer procedures

(1) application form for real estate transfer registration;

(2) the identity certificate of the applicant;

(3) Certificate of real estate rights;

(4) Administrative decisions of relevant administrative organs, real estate sales contracts (notarized real estate sales contracts shall be submitted if required) or notarized real estate gifts, notarized real estate inheritance certificates, real estate exchange agreements or real estate division agreements;

(5) If the mortgage has been established, a written document agreed by the mortgagee shall be submitted;

(6) The people's court shall submit an effective judgment, ruling, conciliation statement and notice of assistance in execution for compulsory transfer;

(seven) if an unincorporated enterprise or organization transfers real estate, it shall submit the approval documents of its property rights department;

(8) Administrative allocation, land price reduction and exemption shall be submitted to the approval document of the competent department and the certificate of land price payment;

(nine) to obtain real estate by means of bidding, auction and listing, it shall submit the confirmation of winning the bid, the confirmation of auction, the contract for the assignment of land use rights and the proof of paying the land price;

(10) If it belongs to government welfare commercial housing, it shall be submitted to the relevant competent department for examination and approval;

(1 1) Submit the demolition compensation agreement;

(12) A written opinion that someone agrees to transfer the real estate;

(13) If the enterprise is acquired or merged, the approval documents of relevant departments shall be submitted;

(14) real estate allocation between state-owned enterprises or other organizations,

(15) Other documents stipulated by laws, regulations, rules and normative documents.

Third, the real estate transfer process

1. If the transfer of the real estate license has not gone through a real estate agent, the contract terms and breach clauses must be clearly written, and the party with the name on the seller's real estate license must be present when signing the contract (if married, both husband and wife need to be present to sign, even if there is only one name on the real estate license).

After the application materials are ready, you must go to the real estate bureau to fill out some forms and a stock contract. The amount on the stock contract must be the same as that on the contract.

3. After all the application materials for real estate transfer are submitted to the real estate bureau, the real estate bureau will give a receipt and pay taxes according to the date indicated on the receipt, which generally takes about fifteen working days.

4. You can get the real estate license after paying the property transfer tax.