After the house was sold, the registered permanent residence was not moved. If it is approved by the buyer, there is no problem. However, if the other party asks the original owner to move his/her account, he/she must move, and when signing the house sales contract, the general contract should also indicate that he/she wants to move his/her account. If the original owner doesn't move out, the buyer can go to the police station to ask for moving out or sue.
If the account does not move out, can the buyer?
According to the principles and rules of our country, a house can only register one family, but in the actual operation process, it will also present a house with two or even three family accounts. Can you drop it? Ask the local police station first. Let's take Beijing as an example to discuss these two situations:
1) Haidian, Beijing: At present, there are three householders in an extra house, and each householder can link to the account of a family member according to the family situation. In other words, the real estate in Haidian can be promised to three families together.
2) Xicheng, Beijing: Some police stations in Xicheng made it clear that "the original householder cannot move out and the new householder cannot move in".
Why is there such opposition?
1. First of all, the registered permanent residence cannot be forcibly moved out by anyone or any organ.
(1) The transfer of household registration belongs to the public security organ, which is not a civil legal practice between civil subjects with equal status. The people's court can't judge the seller to move out of the household registration in a civil judgment.
(2) the change of household registration can only be handled at the request of the parties concerned, and the public security organs cannot handle it directly or forcibly. Without legal reasons, they can't move out of their citizens' accounts, and the buyer can't complain about the inaction of the public security organs through litigation.
2. Under this condition, the original household registration department is the buyer's right and can only be handled by the buyer.
From a certain point of view, this is "short-sighted" caused by imperfect standards, but it does not mean that it will always exist, so it is very dangerous for a house to fall into multiple accounts.
What is the danger of having multiple accounts in a house?
First of all, there are multiple accounts under a house, which is contrary to China's policies (including local policies). Although there was no clear guiding document to deal with this contradiction at that time, at present, some dangers are still very clear.
1. For the Buyer:
1) Danger-not the buyer's children.
Buying a house with capital, a big factor is to obtain qualifications. If the seller has a descendant's occupation, the buyer's children can't.
2) the danger of demolition-the hukou may also get a share.
Different periods, different regions and different demolition policies. If the compensation for demolition belongs to someone else, it is equivalent to giving your house to someone else.
3) Danger-maybe not.
Not all city police stations promise to have more than one household registration. In some urban areas, the original householder does not move out and the buyer cannot move in.
4) Resale risk-the account is difficult to sell.
Under the same conditions, no one wants to buy a house with a hukou. There are many hidden dangers, both visible and invisible.
5) Other invisible dangers
If the policy is adjusted in the future, the reform of household registration management standards may become more and more harsh, so multiple households in one room may lead to some doubts and endless troubles.
2. For the Seller:
If there is an agreement in the contract, if you don't move out of your account within the specified date, you will have to pay liquidated damages, and even the house will be returned.
What is the result of selling the house and not moving the account?
1. The buyer agrees that the seller will not move out.
Discuss with the buyer in advance whether it is possible not to move out of the account (the probability of the buyer agreeing is extremely small). Even if the buyer agrees that the seller will not move the account, it needs to be clearly written with the buyer in the supplementary agreement. He was told that the account would not be moved out, and the buyer has now agreed to prevent gum sticking in the later period.
The buyer does not agree that the seller will not move out.
If the buyer does not agree that the seller will not move out of the account, then according to the House Sales Contract, the seller will breach the contract.
How to avoid disputes over household registration transfer
The contract clearly stipulates the terms of account transfer.
Property buyers, especially those who want to solve their children's schooling or need to settle down urgently, should fully understand the household registration of the houses involved before signing the sales contract. For property buyers whose main purpose is to purchase "school district housing", the purpose of the corresponding school registration should be clearly stipulated in the housing sales contract according to the admission policy of the corresponding school.
Confirm the transfer of household registration in writing with the household registration.
Before signing the sales contract, both parties suggest that the buyer and all household registration holders confirm whether they can move out of the household registration and the corresponding migration period. Especially for registrants other than the owner, it is best to confirm the transfer of their accounts in writing.
Learn about the settlement policy from the public security organs in advance.
The problem of household registration transfer belongs to the household registration management of public security organs, and there are certain differences in different regions. It is recommended that buyers consult the local police station about the relevant settlement policies of the houses involved. Specially remind buyers to consider the actual living conditions of the house when they settle down.
Ask the education department in advance about the use of student status.
Property buyers whose main purpose is to purchase "school district housing" should verify the relevant admission policies and the use of housing status with their schools and education departments in advance. If the school district has restrictions on the use of student status, it is suggested that the use of admission indicators and the corresponding liability for breach of contract should be clearly stipulated in the contract. If the buyer's contractual purpose of purchasing the "school district house" cannot be realized due to the seller's fundamental breach of contract, the buyer has the right to demand the termination of the contract and compensate the house price difference loss, resale interests and other available benefits.
Property right inquiry of second-hand housing transaction
Step 1: Ask the seller to provide legal documents, including property right certificate, identity certificate, qualification certificate and other documents.
The title certificate refers to the Property Ownership Certificate and the Land Use Right Certificate.
Identity documents refer to identity cards, work permits and household registration books.
Qualification certificate refers to checking the subject qualification of both parties to the transaction. For example: commercial housing sales should check the seller's housing development and operation qualification certificate; The agent shall check whether the power of attorney is valid; * * * There is a house for sale, and other * * * consent certificates are needed. Other documents refer to: lease the property, and check the agreement or proof that the lessee waives the preemptive right; Winning property, to check the winning notice and the corresponding certificate.
Step 2: Inquire about the property right source of the purchased property from the relevant property management department.
1. Who is the owner? If * * * owns property, we should pay attention to the proportion of property rights and ownership forms of each * * *;
2. Document number, that is, the document number of the transaction. If the inquirer wants to get the whole document, he can use this number to get a copy of the document from the relevant parties;
3. Registration date, that is, the signing date of the transaction;
4. Transaction price, that is, the transaction transaction price. Inquirers should note that if the transaction price is marked as "partial transaction price", it means that the transaction price includes not only houses, but also other real estate products;
5. Other contents, such as the floor plan of the house.
Step 3: Check whether the house has a debt burden.
Housing property records only register the authenticity of the owner's property rights and the original transaction facts. As for the debts and liabilities arising from the housing operation, you must check the relevant certificates. Including: mortgage contract, lease, etc. , but also to learn more about the loan amount and repayment amount, interest and rent amount, so as to have a deeper understanding of the property. In addition, buyers also need to know whether the house is mortgaged and whether the house is sealed up by the court.
It can be seen that the time when the seller's account moves out will mainly generate some unpredictable debts, which will affect the future house price. In fact, many times, second-hand housing transactions may be more cautious than buying new commercial housing. Some second-hand houses with good geographical location but very cheap prices should not only pay attention to price concessions, but should better investigate all kinds of property rights and debts of second-hand houses.
legal ground
Regulations of People's Republic of China (PRC) Municipality on Household Registration
Article 10 If a citizen moves out of the jurisdiction of the household registration authority, he or the head of the household shall declare to the household registration authority for moving out before moving out, obtain a migration certificate and cancel the household registration.
Citizens who move from rural areas to cities must apply to the permanent residence registration authority for moving out with the employment certificate of the urban labor department, the school admission certificate, or the approval certificate of the urban household registration authority.
Citizens moving to border areas must be approved by the public security organs of the counties, cities and municipal districts where they live.