Some property buyers only carry out household notarization for tax avoidance, and some property buyers only carry out household notarization because their houses are mortgaged or cannot be listed and traded normally. But do you know that the property right is still owned by the seller? If the second-hand housing transaction is only notarized, if the seller asks to cancel the contract or the house is sealed up, as the buyer, you are likely to lose both the house and the money. If you buy a house just for notarization, what are the risks? Now let's take a look at Q Wang Fang Bian Xiao!
1. Can we just buy and sell houses fairly?
Generally speaking, if the second-hand housing transaction chooses notarization instead of direct transfer, it is to pay less business tax, or it may be because the house itself has not yet run a real estate license or has other problems. Generally, notaries are all housing agents, real estate speculators or houses with problems. For example, those who can't do real estate licenses will do it in order to reassure buyers, but in fact this practice is not insurance and there is no guarantee for housing transactions.
According to Chinese law, real estate right is a registration system. Without the title certificate, there is still no ownership. In other words, after the house is notarized, the house still belongs to the seller. The intermediary is likely to revoke the power of attorney or reissue the real estate license after notarization. Therefore, when buyers buy second-hand houses, it is safer to transfer directly, and don't blindly seek cheap.
Second, the sale of houses is just, but what are the risks?
1. In order to avoid business tax, the account is temporarily closed. Although such a house has property rights and looks like insurance, there is still the risk of unsuccessful transactions. Due to the overall value-added trend of the house, the seller may request to cancel the transaction because of the large value-added of the house. Although the contract has been signed and notarized, the court may not decide that the house belongs to the buyer when judging such disputes.
2. The right to housing is restricted. For example, due to civil litigation and criminal punishment, the house was sealed up and mortgaged, and the seller's rights could not be fully exercised.
3. House * * * Some people don't agree to sell the house. Someone in the house usually refers to the owner's wife or husband. When buying a house, the buyer needs the consent of both the owner and the owner.
The seller has no property right to the house, only the right to use it. For example, after some units allocate housing, the house has been occupied by employees, but the unit has not transferred the property rights of the house to individual employees. At this point, the occupants only have the right to use the house and have no right to buy or sell. Such a house sales contract is not notarized by the general notary office, even if it is notarized, it has no legal effect.
5. Both shared houses and houses with small property rights can't get the title certificate. It is impossible to obtain a legal real estate license for such a house. If it does not conform to the urban planning, the government can demolish such houses for free, and all losses can only be borne by the buyers themselves.
6. Transitional real estate whose property right certificate is still being processed. In the case that the relevant procedures of the real estate company are not complete, the developer can delay issuing the real estate license to the buyers. At this time, the first-hand buyer faces the risk of not getting the real estate license. After the first-hand seller sells the house again, the risk is passed on to the second-hand buyer.