When the real estate certificate is not issued, the circumstances that need to be changed and transferred mainly include:
Buyer's name change: If you need to change the name of the buyer due to marriage, divorce, etc.
Conveyancing: The buyer may have transferred the home to someone else before the title deed is issued.
Inheritance or gift: The buyer may need to change the name of the property to another person due to inheritance or gift.
Coping strategies and precautions.
Find out about the status of your homeBefore changing the name and transferring the ownership, the buyer should understand whether the property right of the house is clear, whether there is a mortgage, seizure, etc. This helps to avoid the risk of name change due to title disputes.
Sign a written agreementThe buyer should sign a written agreement with the developer or the original property owner to clarify the rights and obligations of both parties and ensure the legitimacy of the name change and transfer. The agreement should include the reason for the name change, the time of transfer, and the cost bearing.
Advance notice registrationIn order to avoid the risk of selling more than one house, buyers can register in advance after signing the agreement. Advance notice registration is exclusive and ensures a smooth transfer of ownership after the title deed is issued.
Preserve evidenceBuyers should properly keep the purchase contract, payment vouchers, name change transfer agreements and other relevant evidence, so as to protect their rights in the event of disputes.
After Xiao Wang bought a commercial house, he needed to change the name of the house to his wife Xiao Li because of marriage. However, the title deed has not yet come down. In order to ensure the smooth progress of the name change and transfer, Xiao Wang and Xiao Li took the following measures:
Sign a written agreement with the developer to clarify the reason and timing for the name change.
Advance notice registration to ensure the exclusivity of property rights.
Properly keep the purchase contract, payment voucher and other relevant evidence.
In accordance with the provisions of relevant laws and regulations such as the Law of the People's Republic of China on the Administration of Urban Real Estate and the Interim Regulations on Real Estate Registration
The ownership of the house is subject to registration, and the ownership of the house that has not been registered is not transferred. Therefore, there are certain legal risks associated with the transfer of ownership before the title deed is issued.
When signing the purchase contract and the name change transfer agreement, the buyer should carefully read the terms of the contract and clarify the rights and obligations of both parties. For ambiguous clauses, you should consult a professional or seek legal help in a timely manner.
Advance notice registration is a legal means to protect the rights and interests of home buyers. After signing the purchase contract, the buyer can apply to the registration authority for advance notice registration to ensure that he or she has priority in the future when acquiring the ownership of the house.
In the event of a dispute or controversy, the parties shall first resolve it through negotiation. If the negotiation fails, a lawsuit may be filed in the people's court or an application for arbitration. In the process of handling disputes, buyers should provide sufficient evidence to prove their rights and demands.