The real estate that should belong to you is registered in someone else's name, which involves personal interests and is prone to real estate disputes. What should I do if the real estate license information is registered incorrectly? Bian Xiao compiled relevant legal knowledge, please read and understand. How to deal with the registration error of real estate license information 1. If the obligee or interested party who applies for correction of registration thinks that the items recorded in the real estate register are wrong, he may apply for correction of registration. If the obligee recorded in the real estate register agrees to make corrections in writing or there is evidence to prove that the registration is indeed wrong, the registration institution shall make corrections. If the obligee or interested party thinks that the items recorded in the housing register are wrong, they may submit the following materials and apply for correction of registration. Therefore, if there is an error in the registration of real estate, the obligee and interested party may apply to the housing registration department for correction of registration with the application for registration, the applicant's identity certificate and the materials that prove that the housing registration book is indeed wrong. Where an interested party applies for correction registration, it shall also provide proof that the right holder agrees to correct it. Method 2: Apply for objection registration. In real life, most obligees often disagree to correct registration. How do interested parties safeguard their legitimate rights and interests? This requires a second move. If the obligee recorded in the real estate register does not agree to make corrections, the interested party may apply for objection registration. If the registration authority registers the objection, and the applicant fails to file a lawsuit within 15 days from the date of objection registration, the objection registration is invalid. If improper registration of objections causes damage to the obligee, the obligee may claim damages from the applicant. If the obligee has any objection to the correction, the interested party may apply for objection registration, but please note that after the objection registration, the interested party needs to bring a lawsuit to the court within 15 days. The function of objection registration is to temporarily seal up the current registration status of real estate, so as to prevent the obligee from transferring or selling the real estate. Method 3: In the practice of filing a civil lawsuit, most parties have objections to the ownership of real estate. The root of the dispute lies in their objection to the civil legal relationship of property right change. If a party requests the transfer of registration, it shall directly file a civil lawsuit. Judging from the judicial practice, there are roughly two kinds of situations: (1) the reasons for the change of real property rights (such as the sales contract) are invalid or revoked, which leads to disputes between the registered obligee and the real obligee; (2) There is no right to dispose of other people's property and register it, and the real obligee (including the owner of * * * *) and the third person who obtained the right in good faith claim the right at the same time, resulting in a dispute. In the above cases, the role of registration in determining the ownership of property rights is limited, and the registration behavior does not constitute an obstacle to civil litigation. The parties should directly file a civil lawsuit and decide the ownership of property rights through the court. Method four. If a party who brings an administrative lawsuit thinks that the registration institution has failed to fulfill its review obligation and violated the registration procedures, resulting in the inconsistency between the right holder recorded in the real estate registration and the real right holder, it shall bring an administrative lawsuit. However, in administrative litigation, the court can only review the legality of the registration act and make a judgment to cancel the registration or maintain the registration, which can not finally solve the dispute over the ownership of real estate between the parties. In a civil dispute involving the change of real right, the parties concerned shall be informed to file another civil lawsuit. In some cases, if the parties dispute the ownership of property rights and the legality of real estate registration, they may file civil and administrative lawsuits respectively. The trial objects of the two lawsuits are different and can be conducted at the same time. However, such cases are often complicated, and there may be cases where one trial needs to be based on the result of another trial, so it is necessary to suspend the proceedings. Finally, I remind everyone that after the sale, exchange and inheritance of houses, it is necessary to register the property rights of houses in time. When obtaining the real estate license, it is necessary to verify whether the registration book left by the housing registration department is consistent with the information recorded in the real estate license. When handling the housing registration book, the information of the registered property owner shall be truthfully and objectively declared to avoid personal rights and interests being damaged due to housing registration disputes. If the registration error leads to disputes, we should also take corresponding legal procedures to safeguard our legitimate rights and interests and correct the wrong registration in time. If in doubt, you can also provide online consulting services for lawyers. You are welcome to have legal consultation.
Legal objectivity:
Article 220th of the Civil Code of People's Republic of China (PRC), if the obligee or interested party thinks that the items recorded in the real estate register are wrong, they may apply for correction of registration. If the obligee recorded in the real estate register agrees to make corrections in writing or there is evidence to prove that the registration is indeed wrong, the registration institution shall make corrections. If the obligee recorded in the real estate register has any objection to the correction, the interested party may apply for objection registration. The registration authority shall register the objection. If the applicant fails to file a lawsuit within 15 days from the date of objection registration, the objection registration shall be invalid. If improper registration of objections causes damage to the obligee, the obligee may claim damages from the applicant.