1. The development enterprise is bankrupt or disqualified, and it is unable to continue to handle the real estate ownership;
2. The developer has not obtained the land use certificate or paid the land transfer fee in full;
3. The developer mortgaged the land or house to the bank or construction team, and the debt has not been paid off;
4. The developer has not completed the completion filing work;
5. The development enterprise repeatedly sells houses (without contract filing), which makes it impossible to apply for real estate license;
6. The building was sealed up by the court;
7. The developer has not obtained the measured data of the construction area;
8. There is an area error in commercial housing, and the excess area within a certain range needs to be paid back or returned according to regulations. If the area error is not solved, it will lead to the inability to register property rights;
9. The developer failed to build supporting facilities in the residential area according to the overall planning, or failed to hand over supporting houses in the residential area, and could not pass the comprehensive acceptance;
10. The developer failed to handle the "big confirmation" in time;
1 1. The developer does not cooperate to provide relevant information for handling the Small Property Ownership Certificate;
12. In case of a dispute between the developer and the small business owner, the property right that should have been issued to the small business owner was temporarily withheld;
13. The house deed tax has not been paid;
14. The public maintenance fund has not been delivered;
15. The documents submitted for handling the real estate license are unqualified;
16. Individual property buyers illegally built houses after moving in, resulting in the planning department not issuing the certificate of house completion acceptance;
17. The real estate license handling department delays or refuses to handle it without justifiable reasons;
18. The unit or personnel (lawyers, agency companies) handling property rights violate the rules.
There are four reasons for this:
The first one is caused by developers, which is the main reason and the most problematic one in practice, such as 1- 12 listed above.
The second type is caused by the buyer himself, such as 12- 16 listed above.
The third type is caused by the real estate license handling department, such as the 17 type listed above.
The fourth type is caused by agents, such as the 18 type listed above.
Second, the coping methods
(a) caused by the developer
Diligent inquiry: before signing the contract, the purchaser should inquire clearly whether the land is mortgaged in the remarks column of the original State-owned Land Use Certificate provided by the developer. You can also log on to the relevant websites for enquiries. In Beijing, you can log on to the website of Beijing Housing and Land Ownership Registration Center.
Check the documents carefully: You can check the State-owned Land Use Certificate before signing the contract. If it is a "temporary use certificate" or a mortgage, you must refuse to sign the contract, or you must ask the developer to sign a supplementary agreement, stipulating that "the developer guarantees to handle the" State-owned Land Use Certificate "before XX".
Signing a house purchase contract: there must be special clauses in the house purchase contract to stipulate the relevant contents of the house property right and the real estate license, not only to stipulate the specific processing period, but also to stipulate the handling methods that cannot be handled on time.
1. About initial registration
(1) suggested template
"The seller shall obtain the ownership certificate of the building where the commodity house is located before _ _ _ _. If the ownership certificate of the building where the commodity house is located cannot be obtained within the agreed period due to the seller's responsibility, the buyer has the right to return the house.
In that case, the Seller shall offer full refund to the Buyer within _ _ days upon the service of delivery rejection notice and pay the Buyer _ _ _ as penalty.
If the Buyer refuses to return the house, the Contract shall continue to be performed. The Seller shall pay the payables to the Seller within _ _ _ _ _ _ _ _ days from the day after the expiration of the period when the Seller should obtain the ownership certificate of the building where the Commodity House is located to the date when the ownership certificate is actually obtained. "
(2) Determination of the date
For faster delivery, 90 days can be calculated from the delivery date of the commercial house agreed in the contract. For existing houses, 90 days can be calculated according to the date of signing the sales contract.
(3) Determination of liquidated damages for check-out
Do not exceed 100%.
2. About transfer registration
(1) suggested template
"1. After the commercial house is delivered for use, both parties agree to handle the transfer registration according to the following method:
(1) Both parties * * * apply to the ownership registration authority for registration of house ownership transfer.
(2) The buyer handles the registration of house ownership transfer by himself. )
(3) The Buyer agrees to entrust _ _ _ _ to apply to the ownership registration authority for registration of the transfer of the ownership of the house, and the entrustment fee is RMB (in words).
2. If the buyer fails to obtain the property ownership certificate within × days from the delivery date of the commercial house due to the seller's responsibility, the buyer has the right to return the house.
In that case, the Seller shall offer full refund to the Buyer within _ _ days upon the service of delivery rejection notice and pay the Buyer _ _ _ as penalty.
If the buyer refuses to return the house, the seller shall pay the house price to the buyer within _ _ _ _ days after the buyer actually obtains the house ownership certificate. "
(2) Determination of the date
For long-term delivery, it can be calculated according to the delivery date of the commercial house agreed in the contract 120 days. For existing houses, the date of signing the sales contract can be taken as the starting point, and the calculation is 120 days.
(3) Determination of liquidated damages for check-out
Do not exceed 100%.
Don't sign unreasonable power of attorney
Many developers require buyers to sign an agreement in addition to the contract, entrusting them to handle real estate licenses, collect deed tax and public maintenance funds.
This unreasonable entrusted property buyers can refuse. Don't worry that you can't get a real estate license without entrusting a real estate agent. According to Article 33 of the Regulations on the Management of Urban Real Estate Development and Operation, "real estate development enterprises shall assist the purchasers of commercial houses to handle the registration procedures of land use rights and house ownership, and provide necessary supporting documents." Therefore, regardless of whether the purchaser entrusts the real estate agent to handle the real estate license, the real estate agent has the legal responsibility to assist the purchaser to handle the property transfer procedures and obtain the real estate license.
Termination and claim
According to the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, if a developer commits the following serious breach of contract, he can dissolve, cancel or declare the contract invalid through negotiation or litigation, and demand compensation.
1. After the commercial house sales contract is concluded, the seller mortgages the house to a third party without informing the buyer;
2. After the commercial housing sales contract is concluded, the seller sells the house to a third party;
3. Deliberately concealing the failure to obtain the pre-sale permit of commercial housing or providing false pre-sale permit of commercial housing;
4. Deliberately concealing the fact that the house sold has been mortgaged;
5. Deliberately concealing the fact that the house sold has been sold to a third party or that the house has been relocated and compensated;
6. The seller maliciously colluded with a third party to conclude another commercial housing sales contract and deliver the house for use, so that the buyer could not obtain the house.
(two) caused by the property buyers themselves
If there is a dispute between the developer and the small business owner, the real estate license that should have been issued to the small business owner has not been issued. It is necessary to communicate in time and resolve the contradictions in time to avoid long delays. And it can be argued that the developer's withholding of the real estate license has constituted a breach of contract and requires the developer.