Enquiring knowledgeable people Inquisitive education Hospital Treasury

There is an agreement for buying and selling private houses, but is there no legal protection for ownership transfer?

home page

There is an agreement for buying and selling private houses, but is there no legal protection for ownership transfer?


        

Submit answer
Favorable reply
  • 2024-06-14 13:01:02

    The agreement signed privately without ownership transfer has legal effect, but the ownership of the house has not been transferred and still belongs to the original owner. The house sales contract belongs to the category of civil sales contract, and its nature is a civil legal act. The purpose of determining the validity is to solve the problem of whether it is protected by law, and its social benefit is to maintain the safety and credibility of the transaction. At present, the confirmation of the validity of housing sales contracts is mainly based on the Regulations on the Administration of Urban Private Houses issued by the State Council and the General Principles of Civil Law issued by the legislature of China. Item (2) of Article 6 of the Regulations stipulates that when purchasing a house for transfer registration, "the house ownership certificate, sales contract and title deed must be submitted". Article 50 of the General Principles of the Civil Law stipulates that firstly, the actor has the corresponding civil capacity; Second, the declaration of intention is true; Third, it does not violate the law and social public interests. What are the legal procedures for buying and selling private houses? 1. To conclude the sales contract, the sales contract shall include the following main terms: the location of the property, property rights, transaction price, payment method, liability for breach of contract, etc. The contract shall be established in writing; 2. Accept the review of the real estate transaction management department. Generally, after the transaction parties go through the application procedures with the local real estate transaction management department, the management department should check the relevant certificates and examine the property rights; And make necessary investigation on the spot, and the appraisers shall evaluate the houses traded at the same time; 3. The contracting real estate transaction management department shall, according to the property right nature and purchase object, report to the relevant responsible person for review and approval according to the approval authority, and the handler will notify the buyer and the seller to go through the contracting procedures, and the buyer and the seller will sign and seal the contract; 4. After paying taxes and completing the contract formalities, the buyer and the seller shall pay the service fee and deed tax to the real estate transaction management department; 5. After the house buyers and sellers go through the formalities of property right transfer and ownership transfer through the real estate exchange, the buyer should take the real estate sales contract issued by the real estate exchange to go through the registration of the transfer of property rights and land use rights in the real estate property rights management department where the house is located and exchange for a new property certificate. The above is about the agreement on buying and selling private houses, but is no transfer protected by law? Have you learned the knowledge of law?

    Hao***

    2024-06-14 13:01:02

  • other Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):