1. Can I sell the house that has not paid off the loan?
The specific operation of buying and selling the outstanding loan property:
(1) Re-mortgage:
The simplest and most direct way is to sell or transfer personal housing to a third person, apply for personal housing loan to change the loan term, change the borrower or change the collateral.
(2) Pay off the remaining loan with the buyer's down payment;
This is the most widely used model in second-hand housing transactions. This method is suitable for the case that the original owner's loan amount is low or the remaining loan amount is small after a large amount of repayment. Usually, the buyer will recognize the down payment of 30% to 40% of the total turnover of the property, and the seller can pay off the remaining loan with the down payment of the buyer, and then cancel the mortgage registration of the property and make the next transaction.
(three) the use of bank loans to pay off the remaining loans:
If the seller wants to pay off the loan before selling the property or the buyer is optimistic but unwilling to buy the property with outstanding loan, this method can be adopted. But the premise is that the homeowner can apply for a loan only if he has collateral (such as other real estate) recognized by the bank. In this way, the homeowner can lend a certain amount of money to the bank through mortgage loan to repay the real estate loan he wants to sell, thus contributing to the success of the transaction.
2. Can a house without a real estate license be transferred?
This must distinguish between two situations:
In one case, when the house transfer contract was signed, the seller had the conditions to register the house and get the real estate license, but he didn't get it just because he didn't do it or was still in the process of doing it. In this case, the house transfer contract shall be deemed valid. In other words, although there is no real estate license, as long as the house meets the legal conditions for obtaining real estate license, it can be transferred. After the transfer, you can reissue the real estate license according to the procedure.
On the other hand, when the house transfer contract was signed, the seller did not have the conditions to register the house and obtain the real estate license, and there were still some obstacles to register and obtain the license (such as defective land acquisition, house failure in completion acceptance, etc.). ).
In this case, according to Article 9 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of People's Republic of China (PRC) Contract Law (I) and Article 2 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Contract Disputes, if the seller has registered the real estate license or has the conditions to register the real estate license before the prosecution, it can be considered that the transfer contract is valid. Otherwise, the house transfer contract is deemed invalid.