China Naming Network - Baby naming - How to compensate for the extension of real estate license

How to compensate for the extension of real estate license

The liquidated damages shall be calculated according to the actual extended period and the deposit interest rate of the People's Bank of China for the same period. The contract stipulates that the house shall be handled within 60 days after delivery, which generally refers to the local house registration department for application, not completion.

Legal analysis

The purchaser of pre-sale commercial housing shall, within 90 days from the date of delivery of commercial housing, go through the formalities of land use right change and housing ownership registration; The pre-sale of commercial housing shall, within 90 days from the date of signing the pre-sale contract, go through the formalities for the change of land use right and the registration of house ownership. The real estate development enterprise shall assist the purchaser of commercial housing to handle the formalities of land use right change and house ownership registration, and provide the necessary supporting documents. At this stage, buyers can bid by themselves or entrust others, including developers and banks. If bidding is entrusted to others, the buyer shall issue a power of attorney, submit identity information and sign the Application Form for Real Estate Transfer Registration. Only in this way can we complete the formalities of handling the real estate license. At present, in the process of commercial housing mortgage transaction, almost all small owners entrust developers or banks to handle real estate licenses. However, many small business owners have neglected an important detail, that is, when they submitted the application documents to the developers or banks, they did not let the other party sign for written evidence, leaving written evidence. In this way, once the application is overdue, if the responsibilities of all parties are accurately defined, there will inevitably be disputes.

legal ground

"Measures for the Administration of Commercial Housing Sales" Article 34 A real estate development enterprise shall entrust a unit with real estate surveying and mapping qualifications to conduct surveying and mapping according to the project before the commercial housing is delivered for use, and the surveying and mapping results shall be reported to the real estate administrative department for examination and approval before being used for housing ownership registration. Real estate development enterprises shall, within 60 days from the date of delivery of commercial housing, submit the information required for housing ownership registration to the real estate administrative department where the housing is located. Real estate development enterprises shall assist the buyers of commercial housing to handle the procedures of land use right change and house ownership registration.