According to the contract. First of all, you need to check the contract to see if there is an agreement in the contract about the situation that the real estate license cannot be handled. If this situation has been agreed in the contract, it shall be implemented in accordance with the contract. It should be noted that if the amount of breach of contract is not clearly stipulated in the contract, it can be calculated according to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China, and the total amount of paid house purchase money.
If there is no agreement in the contract, it shall be handled in accordance with relevant laws. If the developer fails to handle the real estate license, which leads to the dispute over the real estate license, the buyer may sue the court for breach of contract, including:
(1) When the developer refuses to apply for the real estate license, the court asks the developer to apply for the real estate license after prosecution.
(2) When the developer fails to issue the real estate license, the court requires the developer to pay liquidated damages and compensate for the losses after the prosecution.
Process of handling real estate license:
1. Initial registration: Initial registration is a necessary prerequisite for the developer to handle the real estate license process by himself. According to Article 34 of the Measures for the Administration of Commercial Housing Sales, a real estate development enterprise shall submit the materials required for the real estate license to the local real estate authorities within 60 days from the date of delivery of the commercial housing.
Usually, it takes about 20 to 60 days for the competent department to handle the initial registration. So two or three months after repossession, you can ask the developer about the initial registration, or you can go to the local real estate transaction information website to inquire.
2. Fill in the application form: after filling out the application form, the developer needs to sign and seal it. Some developers will have ready-made stamp forms in their hands, and just go to the developers to get them and fill them out. You can ask the developer in advance in which department the real estate license should be handled, and then directly consult the department, saving the pain of running around.
3. Flight mapping/form: As the mapping form is an important basis for the registration department to determine the area marked on the real estate license, it is one of the necessary materials. You can apply to the housing area measuring station designated by the developer and get the surveying and mapping table, or you can go directly to the developer with your ID card and apply to the registration department for surveying and mapping the housing area.
4. Obtain relevant documents: When you ask the relevant departments in advance, you must make clear what necessary application documents need to be obtained and complete them at one time. These documents include the purchase contract, the house settlement form and the copy of the big house property certificate. The completed application form needs to be reviewed and sealed by the developer.
5. Pay the public maintenance fund. Deed tax: the public maintenance fund is generally collected by the community office in the area where the property is located. In some cities, banks have begun to collect public maintenance funds. Please ask the developer's staff about the payment method. It should be noted that the payment voucher must be kept whether it is collected by the community office or by the bank. The payment voucher of these two funds is a necessary document for handling the real estate license. Once lost, it will affect the acquisition of the real estate license.
6. Get the real estate license according to the specified time: Be sure to keep the notice of getting the license given by the management department and get the real estate license according to the time notified above. In addition, when paying stamp duty, property registration fee and production fee, we should carefully check the records of the real estate license, especially the important information such as area, location, owner's name and ownership status.
legal ground
"People's Republic of China (PRC) City Real Estate Management Law" (revised 20 19) Article 61 Anyone who obtains the land use right by allocation or allocation shall apply to the land management department of the local people's government at or above the county level for registration. After verification by the land management department of the local people's government at or above the county level, the people's government at the same level shall issue a land use right certificate.
If a house is built on the land for real estate development obtained according to law, it shall apply to the real estate management department of the local people's government at or above the county level for registration with the certificate of land use right, and the real estate management department of the local people's government at or above the county level shall verify and issue the certificate of ownership of the house.
When real estate is transferred or changed, it shall apply to the real estate management department of the local people's government at or above the county level for registration of change of real estate, and apply to the land management department of the people's government at the same level for registration of change of land use right on the basis of the changed house ownership certificate. After verification by the land administration department of the people's government at the same level, the land use right certificate shall be replaced or changed by the people's government at the same level.
If it is otherwise provided by law, it shall be handled in accordance with the provisions of relevant laws.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts (Revised in 2020)
Article 14 If the buyer fails to obtain the real estate ownership certificate at the expiration of the following period due to the seller's reasons, the seller shall be liable for breach of contract unless otherwise agreed by both parties:
(a) the real estate registration period stipulated in the commercial housing sales contract;
(two) the subject matter of the commercial housing sales contract is an unfinished house, 90 days from the date of delivery of the house;
(3) The subject matter of the commercial housing sales contract is the completed house, which is 90 days from the date of conclusion of the contract.
If there is no liquidated damages stipulated in the contract or the amount of loss is difficult to determine, it can be calculated according to the total amount of house purchase money paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.