Does the court care whether the room is legal?

Not responsible, if the purchase is through court auction and other channels of real estate. In practice, there have indeed been cases where some courts are not responsible for vacating houses, resulting in the inability to hand over houses smoothly. The risk of repossession should be the biggest risk of real estate such as auction house. In other words, it is easy to buy a house by auction, but if someone lives in it, it may not be easy to vacate it. The original owner's house was auctioned, and the transfer was easy. However, the original owners or old people lived in the house, so they stayed. If it is the only house, it is difficult for the court to assist in execution. Irrelevant third parties such as property are even more difficult to count on.

In addition, usually "buying and selling does not break the lease", and the auction house can't enforce it if someone rents it. This will give people a big loophole. If the original owner has made up his mind not to pay back the money, he will use the house to pay off the debt. Try to get a 20-year lease contract (and pay off the accounts), so that people can help them occupy or hoard goods for a long time, and occupy the house without collecting it. It will be very troublesome to sue for the house. This is equivalent to buying a house, but you can't live for a long time and you can't get the cash flow income generated by the house by changing rooms and renting. It's hard to sell when someone lives in it. Finally, the problem of handing over the house is still handled by legal means, and the last means is to file a lawsuit with the court and apply for enforcement. In the end, most problems can be solved. But after all, the cost in all aspects is too high. The most fundamental way is to avoid this kind of housing as much as possible through prior investigation.

Disadvantages of buying a house according to law:

1. Unable to obtain loan. The auction house can only pay in full at one time, and the payment time is short, which makes many people who want to buy an auction house discouraged.

2. It is prone to debt disputes. Some houses were mortgaged or sold by other creditors.

3 it is difficult to close the house. For the delivery of the house after the registration and transfer of the house property right, it needs to be solved by itself, and it may be difficult to collect the house in practice; For example, there are tenants in the house, and what China has been practicing is buying and selling tenants. No matter how the house is bought or sold, the tenant's contract must be executed on time. There is also the original owner of the house, who may have borrowed private loans outside and mortgaged the house many times.

4. The problem of moving out of the household registration: Like handing over the house, the household registration cannot be forced to move out of the house, and there is a risk that the household registration cannot move out and stay in the house.

5. It is inconvenient for buyers to see the house. The court usually only gives a simple description of the obvious defects, and it is likely to encounter defective properties, and all taxes and fees must be borne by the buyers.

Legal basis:

Provisions of the Supreme People's Court on Auction and Sale of Civil Execution Property by People's Courts

Article 23 If an auction is concluded or the debt is paid off with the auction property, the people's court shall make a ruling and deliver it to the buyer or recipient within 10 days after the price or difference should be paid off.