How to apply for real estate registration after buying a house for 10 years without house demolition?

Moderator in this issue: Yangcheng Evening News all -media reporter Fu Yi Guo Siqi

The column of the "Legal Public Welfare Clinic" was co -sponsored by Yangcheng Evening News, Beijing Normal University Criminal Law Science Research Institute, Guangdong Lawyers Association, and Beijing Enterprise Legal Risk Prevention and Control Research Association to provide legal consultation for free. [email protected]

Consultant: Road

My family bought a bungalow in 2008, with a house purchase contract, and the house was not transferred. At that time, it was a contract signed by my dad. After the house was demolished in 2018, this house was divided into two buildings. My dad wrote a gift agreement to give me the house. All the subsequent demolition -related contracts were signed. Now the new house registration requires the original homeowner. (Seller) Personal information, but the seller does not provide it. How to solve it now?

Answer: Liao Taoye, deputy director of the Guangdong Datong Law Firm, Secretary -General of the Lawyers Research Association of the Guangdong Law Society

First of all, the property owner of the house is based on the registered information, so you must pass the house to buy a house. According to the provisions of my country's "Civil Code": "The establishment, changes, transfer, and elimination of the product rights after the registration occur." In other words, the buying and selling of the house must be registered (apply for a real estate certificate) to the house management department in order to effectively change the property rights. Before the transfer, the bungalow purchased by your home in 2008 belonged to the seller in the legal significance ownership. Most of the cases, the mobility department will find sellers signed by the real estate certificate to sign the demolition -related contracts. Most of the sellers have signed a relevant consent document with the buyer like your home, or the buyer signed itself by himself. Affairs of risk related documents. You can recall and find the movement department to understand that if there are relevant consent documents of the seller, you can submit it to the housing management registration department. If not, the procedures for demolition compensation are not perfect.

Second, the property rights of the house do not mean that you do not mean that the demolition compensation cannot be obtained. In this case, the purchase contract signed by the seller and the seller is valid. In the case of paying all the house purchase funds, the seller has the obligation to cooperate with the transfer. Without transfer, the house demolition causes real rights to be eliminated. In essence, the purchase contract can no longer continue to perform. You can choose to terminate the contract, or you can also choose to claim the consideration of the destroying the property rights of the house, that is, the compensation for demolition. In the case of the Supreme Court (2017) "Supreme Fa -CIC No. 407", even if it is a demolition compensation agreement signed by the seller, the Supreme Court also determines that the compensation and rights in the agreement belong to the "buyer". Therefore, in this case, your family has signed a contract for demolition, deemed to agree to the consideration of the property rights of demolition as the property rights purchased.

Third, the basis for the two buildings you have obtained is the demolition contract, but as mentioned earlier, if the seller has not confirmed the compensation to your home, the procedure is incomplete. Therefore, there will be difficulties in the process of real estate registration. It is recommended that you communicate with the real estate registration department, and please inform the materials that need to be supplemented. For example, the registration department only requires personal information (identity card information), etc., and may be obtained by entrusting lawyers or inquiring on the population information by formal channels. If the seller is required to cooperate with other signed documents, and the seller refuses, it is suggested that you can sue to the court to solve it and apply for property rights registration through the effective documents of the people's court.

Disputes caused by unprecedented house purchase in practice. If the unpowered house encounters a demolition, the seller and the buyer conduct controversy on the compensation of compensation, and the results of the lawsuit are different according to the case of the case. Therefore, if the house is not the household, there will be a large risk of legal disputes when they encounter demolition, sealing, and enforcement.

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