The risk of buying Shanghai after-sale public housing
The purchase of after-sale public houses should be supplemented by land transfer fees, which will be private property after purchase. After-sale public houses generally have property certificates. In the transaction, just pay attention to whether the other party has a real estate license. Public houses can be bought and sold, either part of the property right or private property. The original owner has a set of calculation formulas for the purchased public housing, such as the length of service and the age of the house. There is no risk in buying purchased public houses. If there is a problem after purchasing property rights, it will not accept looking for a housing management station for maintenance. The purchase of purchased public houses will benefit from urban construction land. And that after-sales public houses are still after-sales public houses, and property management fees cannot be charged according to the standard of commercial housing. But should the charging standard of after-sale public housing property of 1996 be unified? From the bottom? Charge. Public housing is also called public housing and state-owned housing. Refers to the houses built and sold by the state and state-owned enterprises and institutions. Before the house is sold, the property right of the house belongs to the state.
What are the property rights disputes of after-sale public houses?
1. There is no registered owner's rights and interests in the after-sale public houses purchased according to the 94 scheme, and there is only one name on the property certificate, but there may be other owners, such as residents, ranks and people with working age, who have the right to ask for confirmation as property owners.
2. However, based on the publicity and credibility of the real estate, as long as the sales contract is signed with the obligee on the real estate license, other property owners cannot claim that the sales contract is invalid without their consent, and other property owners can ask the seller to bear the liability for compensation.
Although the roommate is not the property owner, he enjoys the right to live in the house. In the past, when handling the transfer procedures of after-sale public houses, real estate transactions required that the same person agree to sell on the contract, but now, this is only a formal review, and the same person will not be required to sign the transaction on the spot.
4. If the property owner sells the house to others without the consent of the co-resident, the co-resident can claim that the sales contract is invalid, or that the sales contract is valid but cannot infringe on his right to live, so he refuses to move out of the house (some courts have rejected the buyer's request to move out of the house).
5. Can the buyer resist the right to live with the same person after obtaining the property right of the house? This is a controversial issue in judicial practice. Based on the publicity and credibility of real estate registration and the protection of transaction security, the same-lessee can only claim the right of residence from the seller, or demand the division of the house price obtained by the seller (as compensation for losing the right of residence), but has no right to claim that the sales contract is invalid or refuse to move out of the house.
The above is the risk of buying after-sale public houses in Shanghai and what are the related contents of property rights disputes of after-sale public houses. The big feature of after-sale public houses is actually small area and low total price. The current housing price is too high, so the price of after-sale public houses is sought after by many people. Through the introduction, I hope they can avoid risks and buy their favorite after-sales public houses smoothly.