Are there any restrictions on the sale of relocated houses? What is the process of buying and selling relocated houses?

The relocated house is a new house compensated by the developer after requisitioning the relocated house. Every building has commercial houses and relocated houses, but relocated houses are much cheaper than commercial houses. So many people are still worried about buying relocated houses. So what? Let's take a look. Matters needing attention in buying and selling relocated houses: 1. Can the relocated house without real estate license be bought and sold, and is the agreement signed by the buyer and the seller valid? Article 38 of People's Republic of China (PRC) City Real Estate Management Law stipulates: "The following real estates shall not be transferred: (6) Those that have not registered and obtained the ownership certificate according to law". The real legislative intention of this article is not to prohibit the re-transfer of pre-sale commercial housing, but to facilitate administrative management, which does not belong to the prohibition of contract effectiveness. As long as the seller has the demolition agreement and the relocation certificate, he has obtained the quasi-ownership of the house and has the right to dispose of the house he has placed. Therefore, as long as the intentions of both parties are true and do not harm the interests of the state, the collective or the third party, the house can be transferred before the property right certificate is obtained, and the real estate sales contract signed by the buyer and the seller is valid. Second, is the agreement that the taxes and fees for house transactions shall be borne by the buyer valid? Since the emergence of the second-hand housing market, the business tax and personal income tax that should have been paid by the seller have been passed on to the buyer through agreement. Everyone familiar with the second-hand housing market knows that this is the "hidden rule" of the second-hand housing market. Is the agreement between the two parties to the house transaction legal and valid? This agreement between the two parties to the housing transaction does not violate the mandatory provisions of relevant laws and regulations. Although China's tax management laws and regulations have clear provisions on tax types, tax rates, tax amounts and taxpayers, it does not prohibit taxpayers from agreeing to pay taxes with contract counterparts or third parties, that is, there is no mandatory or prohibitive provision for the actual taxpayers. Therefore, if the parties to a contract agree that the counterpart of the contract or the third party will actually pay the tax, which does not violate the law and does not harm the national interests, the agreement shall be deemed valid. It is worth noting that the sale of relocated houses involves two taxes: one is the tax that the original owner needs to pay when obtaining the house ownership certificate, and the other is the tax that the original owner generates when transferring. How to bear these two taxes and fees should be clearly stipulated in the contract. Third, the problems that need special attention The above points will also be involved in the general housing sales contract, but for the relocation housing sales contract, we need to pay special attention to the following points and stipulate the corresponding liability for breach of contract. 1. Strictly prevent "one room for several sales" relocated houses from being registered in advance, leaving loopholes for the seller's "one room for several sales". Once the house price is high and the default cost is too low, the seller is very likely to sell the house to others. At present, China's civil legislation adopts the creditor's rights formalism mode of property right change, that is, there is an effective creditor's rights contract between the parties and the delivery or registration procedures can produce the legal effect of property right change. The commercial housing sales contract signed by the seller for many times is valid without violating the prohibitive provisions of the law. In this case, the buyer who goes through the formalities of commercial housing registration first obtains the ownership of commercial housing; Secondly, the seller delivered in advance, and the buyer has legally obtained the ownership of the commodity house, except that the seller and the buyer colluded maliciously; If several buyers do not own the house, the buyer's request to perform the pre-sale contract established according to law shall be supported. Therefore, the seller is not allowed to transfer the house to others, and it is very important to stipulate the corresponding liability for breach of contract. 2. Be sure to agree on the time of property handover and delivery. When signing the relocation house sales agreement, the seller failed to obtain the real estate license and could not handle the transfer formalities. Therefore, it is necessary to agree on the time of property transfer. In practice, although it is impossible to guarantee when to obtain the real estate license, it is necessary to clarify the transfer procedures of house ownership from the date of obtaining the real estate license. When signing the agreement for the sale of relocated houses, it is necessary to determine the specific delivery time. If the existing house is signed at the time of signing the contract, the down payment date may be agreed as the delivery time. 3. There are many risks in buying and selling houses without real estate license, so it is very important to standardize the liability for breach of contract. However, if the breaching party is required to bear the liability for breach of contract, it will need to pay court costs, attorney fees, time and other costs. If there is a final payment (large final payment) for buying a house, the seller thinks that the default income is less than the final payment, and the buyer's default probability will be greatly reduced. Of course, how to keep the money and sign the sale agreement smoothly requires high negotiation skills of real estate agents or buyers. four

Legal objectivity:

What problems should be paid attention to in the sale of relocated houses? In order to prevent the risk of buying and selling relocated houses, we must pay attention to the following knowledge: (1) Can relocated houses be bought and sold without real estate license, and is the agreement on buying and selling relocated houses signed by buyers and sellers valid? Article 38 of People's Republic of China (PRC) City Real Estate Management Law stipulates: "The following real estates shall not be transferred: (6) Those that have not registered and obtained the ownership certificate according to law". The real legislative intention of this article is not to prohibit the re-transfer of pre-sale commercial housing, but to facilitate administrative management, which does not belong to the prohibition of contract effectiveness. As long as the seller has the demolition agreement and the relocation certificate, he has obtained the quasi-ownership of the house and has the right to dispose of the house he has placed. Therefore, as long as the intentions of both parties are true and do not harm the interests of the state, the collective or the third party, the house can be transferred before the property right certificate is obtained, and the real estate sales contract signed by the buyer and the seller is valid. (2) Is the agreement that the house transaction tax shall be borne by the buyer valid? The transaction of relocated houses involves paying two kinds of taxes: one is the tax that the original owner needs to pay when obtaining the house ownership certificate, and the other is the tax that the original owner generates when transferring. How to bear these two taxes should be clearly stipulated in the contract. Both parties agree that the taxes and fees for house transaction shall be borne by the buyer, which does not violate the mandatory provisions of relevant laws and regulations. Therefore, if the parties to a contract agree that the counterpart of the contract or the third party will actually pay the tax, which does not violate the law and does not harm the national interests, the agreement shall be deemed valid. (III) Issues needing special attention 1. Strictly prevent the relocation house sales of "one room for several sales" from being registered in advance, leaving loopholes for the seller's "one room for several sales". Once the house price rises and the default cost is too low, the seller is very likely to sell the house to others. In the case that the house sales contract is valid, the legal effect of property right change can only be produced if the delivery or registration procedures are handled. Commercial housing sales contracts signed by the seller for many times shall be valid without violating the prohibitive provisions of the law. Be sure to pay attention when buying. 2. Need to agree on the time of property transfer and delivery. When signing the relocation house sales agreement, the seller failed to obtain the house ownership certificate and could not handle the transfer formalities. Therefore, it is necessary to agree on the time of property transfer. In practice, although it is impossible to guarantee when to obtain the real estate license, it is necessary to clarify the transfer procedures of house ownership from the date of obtaining the real estate license. When signing the agreement for the sale of relocated houses, it is necessary to determine the specific delivery time. If the existing house is signed at the time of signing the contract, the down payment date may be agreed as the delivery time. 3. There are many risks in buying and selling houses without real estate license, so it is very important to standardize the liability for breach of contract. However, if the breaching party is required to bear the liability for breach of contract, it will need to pay court costs, attorney fees, time and other costs. If there is a final payment (large final payment) for buying a house, the seller thinks that the default income is less than the final payment, and the buyer's default probability will be greatly reduced. Of course, how to keep the money and sign the sale agreement smoothly requires high negotiation skills of real estate agents or buyers. 4. Require the signature of the seller's spouse. In practice, relocated houses generally belong to the property acquired by husband and wife during the marriage relationship. According to the relevant provisions of the Marriage Law, the property should belong to the joint property of husband and wife, and one party should obtain the consent of the other party, otherwise there may be two legal consequences: first, the rising house price and the spouse's excuse of not agreeing to sell the house may have invalid legal consequences; Second, if the seller's husband and wife divorce before the transfer, it involves the division of property with * * * *. The above two situations can be basically prevented as long as the seller's spouse signs and supplemented with necessary clauses. 5. Try to ask the first heir of the seller to sign, because there is some uncertainty in obtaining the property right certificate of the relocated house. Before obtaining the real estate license, if anything happens to the seller, the relocated house may be divided as an inheritance. Therefore, the agreement on the sale of relocated houses should be signed by the first heir of the seller as far as possible to show the approval of the seller's sale and the abandonment of inheritance rights. Generally speaking, sequential heirs include spouses, parents and children. In practice, when asking the seller's first heir to sign, we must pay attention to the way and skills of speaking to avoid unpleasantness.