First of all, according to the relevant provisions of the Regulations on the Management of Urban Real Estate Development, that is, "the buyer of pre-sold commercial housing shall go through the formalities of land use right change and house ownership registration within 90 days from the date of delivery of the commercial housing. The purchaser of commercial housing for sale shall go through the formalities of land use right change and house ownership registration within 90 days from the date of signing the sales contract, and the real estate development enterprise shall assist the purchaser of commercial housing to go through the formalities of land use right change and house ownership registration, and provide the necessary supporting documents. "
Second, in the absence of an agreement, if the developer delays the processing of the property right certificate for more than 90 days, the owner can completely investigate the developer's liability for breach of contract, that is, investigate the liquidated damages for overdue processing of the property right certificate. If there is no standard for overdue liquidated damages in the contract, it can be calculated according to the total amount of paid house purchase and with reference to the standard for financial institutions to collect overdue loan interest stipulated by the People's Bank of China. According to the relevant judicial interpretation, if the time limit agreed in the commercial housing sales contract expires for more than one year, and the buyer is unable to register the ownership of the house due to the seller's reasons, the buyer's request to terminate the contract and compensate for the losses shall be supported.
Three. According to Article 7 of the Regulations on the Administration of Urban Real Estate Transfer
The transfer of real estate shall be handled in accordance with the following procedures:
The parties to the real estate transfer sign a written transfer contract;
(two) the parties to the transfer of real estate shall, within 90 days after the signing of the real estate transfer contract, apply to the real estate management department where the real estate is located and declare the transaction price with the certificate of real estate ownership, the legal certificate of the parties, the transfer contract and other relevant documents;
(three) the real estate management department to review the relevant documents provided, and make a written reply whether to accept the application within 7 days, and if it fails to make a written reply within 7 days, it is deemed to agree to accept it;
(four) the real estate management department to verify the declared transaction price, and according to the needs of the transfer of real estate field survey and evaluation;
(five) the parties to the transfer of real estate shall pay the relevant taxes and fees in accordance with the provisions;
(six) the real estate management department shall go through the formalities of housing ownership registration and issue the certificate of real estate ownership.