Can I get compensation for buying a house to be demolished?
Someone asked on Zhihu: Can I get compensation for buying a house to be demolished?Regarding this issue, I think it is necessary to consider the following aspects!
First, can the house to be demolished be bought?Generally speaking. The owner has the right to dispose of the house registered in the name of the owner, and the sale and purchase of the house is a civil act, as long as the intention of both parties is the same, therefore, the house can be bought and sold. It should be noted that houses on homesteads cannot be bought and sold at will, only members within the same collective economic organization can buy and sell.
Second, can the sale be completed?We know that houses are immovable property, and the change of real estate property rights is subject to the registration of immovable property, but according to Article 16 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land, there is a freezing period after the scope of housing expropriation is determined, and the formalities cannot be handled within the freezing period. In other words, in this case, there is a high possibility that the property will not be able to be registered.
Third, can I get compensation after signing the sales contract?In response to this problem, it can be determined that as long as the house is registered for transfer, then it can be compensated according to the compensation and resettlement plan. So the question is, what should I do if I haven't changed the registration?If there is no change registration, it depends on the agreement between the two parties to see if the two parties have an agreement on the housing compensationIf the two parties only agree on the content of the house sale, as long as the seller of the house regrets, it will be difficult for the buyer to obtain reasonable compensation.
Fourth, how to reduce the risk in this situation?When buying a house to be demolished, the buyer can reduce the risk from the following aspects: (1) in addition to agreeing on the sale and purchase of the house, it is also necessary to agree on the ownership of the housing compensation after the house is expropriated and the relevant matters related to the seller's assistance in handling the compensation procedures: (2) agree on liquidated damages, and if either party violates the agreement, a certain percentage of liquidated damages shall be paid.