Of course, the demolition and resettlement houses with certificates can be bought and sold, and the transaction is no different from ordinary commercial houses; For unlicensed demolition and resettlement houses, it is necessary to distinguish the situation and mainly pay attention to the following issues:
(1) Investigate the nature of property rights before demolition. If you have a property right certificate before the demolition, it is only because the developer did not handle it in time after the demolition. It will be troublesome to have a demolition agreement, but you can still apply for a property right certificate in the future.
(2) Be sure to go through notarization procedures to avoid daily income disputes.
(3) In order to increase income, some developers can provide renaming (transfer) service after the transaction of demolition and resettlement houses, and it is a better solution to charge some fees appropriately.
Risks in the sale of resettlement houses
, policy factors
According to the relevant laws and policies, resettlement houses are generally divided into two categories: one is supporting commercial houses built due to the relocation of major municipal projects or low-priced commercial houses purchased. Although the property rights of such houses are owned by individuals, they cannot be listed and traded within a certain ownership period.
The other category is the low-priced commercial housing that was demolished due to real estate development and other factors (compared with the market price), and the developer resettled or purchased it through other channels. This kind of commercial housing is no different from ordinary commercial housing. Private property belonging to the resettled person can be freely listed and traded without any restriction on the transfer period.
Second, the price factor
At present, the sale of demolition and resettlement houses is mostly transferred when the demolition and resettlement agreement is signed, but the house has not been delivered yet. Due to the long interval between the signing of the resettlement agreement and the delivery of the house, especially if the price continues to rise, the price difference at the time of delivery may be nearly 1,000 yuan. The relocated households thought that their interests had been lost, so they refused to hand over the house and demanded a price increase, which eventually led to the intensification of contradictions between the two sides and triggered a lawsuit.
Third, the human factor.
? * * * Someone? It is the maker of the risk of buying and selling demolition and resettlement houses. They look for loopholes in the contract to avoid legal responsibility, pursue their own interests, or set obstacles for the performance of the contract. * * * Some people will use Item 4 of Article 38 of the Urban Real Estate Management Law? * * * Owns real estate without the written consent of other * * * people? What about item six? Failing to register the ownership certificate according to law? Request to confirm that the house sales contract is invalid on the grounds that the house property is not transferable.
In this regard, the author believes that according to the National People's Congress Standing Committee (NPCSC)'s Opinions on Several Issues of General Principles of Civil Law, a person's unauthorized disposition of * * *' s property should be deemed invalid. However, the opinion also stipulates that if a third party acquires property in good faith, its acquisition of property should be protected. As well as the losses caused to other * * * people, it shall be compensated by the * * * person who disposes of the property without authorization.
The Urban Real Estate Management Law prohibits the transfer of real estate that has not yet been certified, and its legislative purpose is to stop the transfer of real estate with unknown sources and unclear ownership. However, the source and ownership of the demolition house sales contract between the two parties are clear when the contract is concluded, and it is against the principle of good faith for the relocated households to claim that the contract is invalid. In order to protect the security of the transaction, the contract should be deemed valid. The seller shall deliver the house and assist in handling the registration formalities of property right change.
Therefore, in order to reduce contradictions and avoid economic disputes, we must first understand the nature of resettlement houses when purchasing resettlement houses. Generally speaking, for the completed resettlement houses, you can go to the development company or real estate trading center to inquire about the property rights and land nature of the houses.
If the house is not built or under construction, the buyer will not only bear great legal risks, but also bear uncertain risks such as the specific structure, orientation and environmental changes of the resettlement house. Secondly, when concluding the agreement, all sellers should be signed by someone to reduce the risk.