The premise of handling the property right of the house is that the house should be completed without quality problems, and complete certificates are indispensable, because the qualification of the developer is the main factor that affects the property buyers to obtain the property certificate, and the "five certificates" are very important, including: State-owned Land Use Certificate, Construction Land Planning Permit, Construction Project Planning Permit, and Building.
Cheng Construction Permit, Commercial Housing Pre-sale Permit or Commercial Housing Sales Permit.
2, unpaid deed tax
At present, when commercial housing is sold, in order to facilitate the process of buying a house, the deed tax generated by the house is usually collected by the developer, and then turned over to the tax authorities in a unified way, and then the tax payment certificate is obtained. However, for various reasons, most developers will not pay the deed tax in time, such as paying the deed tax when closing the house, and then applying for the real estate license two years later.
3, the house acceptance is not qualified.
After the house is built, if the acceptance fails, it means that there are quality problems in the house, and it is also impossible to apply for the property right certificate. There is a problem with the quality of the new house, and it has not passed the acceptance of the relevant government departments. Then such a house will not have the conditions for handing over the house, and the house ownership certificate will naturally be impossible. In this case, the developer is liable for breach of contract, and the buyer has the right to terminate the contract if he has made an agreement with the developer in advance on the quality of the house.
4. Developers illegally build houses.
At present, the housing price is so high that some developers will illegally build more floors on the originally applied building in order to earn more money, or directly change the land use without authorization, which will directly lead to the consequences that you can't get the real estate license after handing over the house. Therefore, before deciding to buy a house, it is very important to review the qualifications of developers. The insurance method is to choose well-known real estate and powerful developers, and then buy them after in-depth investigation, which is more reliable.
Solution if property right certificate cannot be done 1, negotiated settlement.
If the property right certificate can't be processed for a long time, we should actively respond, but we should also use a reasonable way. If it is the developer's reason, we should communicate with the developer to solve it. When negotiating, we must remember to bring the house purchase contract and consult with the developer to ask for the responsibility for breach of contract. If the two sides have little difference, after reaching an agreement, the two sides will sign an agreement to stipulate the way to bear the responsibility for breach of contract and the final handling method, and the developer will compensate the buyers.
2. Send a letter of attorney
If the negotiation results with the developer can't reach an agreement, we can find another way. Another way is to entrust a lawyer to send a lawyer's letter to the developer. A lawyer's letter can serve as a reminder and warning to the other party, urging the other party to take the initiative to take responsibility, which is much more convenient than judicial channels. However, a lawyer's letter is not mandatory. If the other party refuses to pay compensation, it is still necessary to file a lawsuit.
3. Bring a lawsuit
After the above two ways, if the developer has not made the next move and fails to respond to the property rights issue, the property buyers can bring a lawsuit to the court, asking the developer to continue to perform the contract or request to terminate the contract, and at the same time, investigate the developer's liability for breach of contract.