(1) legal effect
Generally speaking, the validity of the "small property right house" sales contract is deemed invalid. But also to distinguish between different situations:
When members of rural collective economic organizations buy and sell rural houses within their own townships, the contract for the sale of houses shall be deemed valid.
If the house is sold to people outside their hometown, the contract can be deemed valid with the approval of relevant organizations and departments.
If the house is sold to a person outside his hometown, the contract is invalid without the approval of the relevant organizations and departments, or the buyer does not actually live and use the house.
(2) Transfer of real estate
The "small property right house" can't get the official real estate license, so it doesn't constitute the real estate right in the legal sense. That is, small property houses have only the right to use and no ownership. ?
According to "People's Republic of China (PRC) Land Management Law", houses with small property rights cannot be transferred or sold to third parties who are not members of the collective, that is, they cannot be legally transferred after purchase. At the same time, it also has a certain impact on the preservation and appreciation of houses.
policy risk
After purchasing a small property right house under construction, the purchaser signs a contract with the developer and pays the house price. If the relevant departments rectify the construction projects of rural property right houses, some projects may be stopped or even forcibly removed. Property buyers will face the embarrassing situation that they can neither get the house nor claim the house payment in time.
After buying a house, if there is land acquisition and demolition by the state, because the rural property houses have no legal property rights recognized by the state, the buyers are not legal property owners and cannot get compensation for property rights demolition. As the actual users, the compensation for demolition is very small compared with the compensation for property rights.
Lack of supervision
There is no clear regulation to restrict the development and construction of rural property houses, and the lack of supervision over development and construction has a certain impact on the interests of buyers. At the same time, without the qualification of developers, it is difficult to guarantee the quality of houses and the after-sales warranty of houses.
Extended data:
According to the Land Management Law of the People's Republic of China:
Article 11 Land collectively owned by peasants belongs to village peasants collectively according to law, and is managed by village collective economic organizations or villagers' committees; It has been collectively owned by farmers belonging to more than two rural collective economic organizations in the village.
Managed by the rural collective economic organizations or villagers' groups in the village; Farmers who have returned to their hometowns (towns) are collectively owned and managed by rural collective economic organizations in townships (towns).
Twelfth land ownership and use right registration, in accordance with the relevant laws and administrative regulations of real estate registration.
Land ownership and use rights registered according to law are protected by law, and no unit or individual may infringe upon them.
Article 13 Farmland, woodland, grassland and other land used for agriculture according to law owned by farmers' collectives and owned by the state shall be contracted by households within rural collective economic organizations, while barren hills, gullies, hills and beaches that are not suitable for household contracting may be contracted by means of bidding, auction and public consultation.
Engaged in planting, forestry, animal husbandry and fishery production. The contract period of cultivated land contracted by family is 30 years, grassland is 30 to 50 years, and woodland is 30 to 70 years; After the expiration of the contract period of cultivated land, it will be extended for another 30 years, and the contract period of grassland and woodland will be extended accordingly according to law.
State-owned land used for agriculture according to law can be contracted by units or individuals to engage in planting, forestry, animal husbandry and fishery production.
The employer and the contractor shall conclude a contract according to law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally use the land according to the purposes agreed in the contract.
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