It should be noted that although the house bought by loan will be registered as mortgage, there will be other warrants in the bank, so there is naturally no need to mortgage the real estate license. Of course, after paying off the mortgage, the customer has to go to the bank to handle the loan settlement procedures, apply for a loan settlement certificate, and get back his warrants; Then take the loan settlement certificate, other warrants, personal identity cards and real estate licenses to the local housing authority to go through the mortgage procedures.
How to sell the new house without the real estate license:
1. The developer has just paid the down payment and hasn't done the mortgage yet, but he hasn't gone to the Housing Authority to go through the filing procedures. Both parties to the transaction can negotiate with the developer, let the developer sign a new house purchase contract with the buyer, and take back the original house purchase contract, and then the buyer pays the down payment to the seller, and the subsequent filing and mortgage procedures can be handled by the buyer.
2. In this case, the seller needs to pay off the loan first, take out the mortgage contract at the Housing Authority with the loan settlement certificate issued by the bank, and the developer will apply for the cancellation of the house at the Real Estate Bureau with relevant materials. After the completion, the buyer and the developer will sign a new house purchase contract and go through the filing formalities at the Housing Authority again. Is it worthwhile to get the real estate license later? No. Without the real estate license, the real estate does not belong to you legally, but belongs to the developer.
The state does not specify the time for handling the real estate license, but requires the buyer to handle the real estate-related documents within a certain period of time. When handling the real estate license, the buyer can handle the real estate license at any time as long as the procedures are complete, but it is suggested to handle the real estate license as early as possible. If the real estate license has not been handled and the property is still registered in the name of the developer, if the developer encounters debt disputes, the court has the right to seal up all the properties of the developer and sell them, which is very unfavorable to the buyers.
according to the relevant laws of our country, the real estate license, regardless of mortgage or full amount, should be handled in the real estate bureau, and the real estate license here is now the real estate license.
Legal basis:
Measures for the Administration of Commercial Housing Sales
Article 8 A real estate development enterprise shall submit the real estate development project manual and relevant supporting documents that meet the conditions for the sale of commercial housing to the real estate development department for the record before the sale of commercial housing.
article 9 when a real estate development enterprise sells a commercial house with mortgage, the mortgage shall be handled in accordance with the relevant provisions of the security law of the people's Republic of China and the measures for the administration of urban real estate mortgage.
Article 12 Within 9 days from the date of delivery of the pre-sold commercial housing, the successful bidder shall go through the ownership registration formalities with the real estate management department and the land management department of the municipal or county people's government according to law. The development enterprise shall provide assistance and provide necessary supporting documents.
if the successful bidder fails to obtain the house ownership certificate within 9 days after the house is delivered for use due to the reasons of the development enterprise, the development enterprise shall bear the liability for breach of contract unless there is a special agreement between the development enterprise and the successful bidder.