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I bought a house, but the other party did not have a property certificate, and both parties signed a house purchase and sale agreement. If a lawsuit is filed, does it have legal effect?

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I bought a house, but the other party did not have a property certificate, and both parties signed a house purchase and sale agreement. If a lawsuit is filed, does it have legal effect?


        

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  • 2024-06-12 21:01:41

    I bought a house, but the other party did not have a property certificate, and both parties signed a house purchase and sale agreement. If a lawsuit is filed, does it have legal effect?
    Because the house belongs to real estate, the transfer of real estate rights must be conditional on the transfer of ownership. If there is no property ownership certificate, the property right of the house cannot be transferred. However, as long as there is no invalidity in the house purchase contract signed by both parties, the contract will come into effect when it is established, and the validity of the contract will not be affected if the property right registration is not handled. Therefore, if a dispute occurs without a property certificate or transfer of ownership, it needs to be discussed on a case by case basis when appealing to the court. If the two parties have signed a valid house purchase contract and the house has not been transferred to another bona fide third person before appealing to the court, then appeal to the court, and the court can request the seller to assist in the transfer of ownership of the house according to the house purchase contract. If the house has been transferred to another bona fide third party before resorting to the court, the house cannot be recovered even if resorting to the court, and the buyer can only claim compensation from the seller according to the purchase contract. Do you understand that?

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