Author: Lawyer Zhou Jun.
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In real estate transactions, there is the so-called "full."
Second, full five". Full.
2. 5 or 5 years after the house has been held for 2 years or 5 years**. Two and only houses** are exempt from VAT. The only house over 5 years old** is also exempt from personal income tax. This is not a small "benefit" for both sides of the transaction.
Because there is a tax reduction policy for full two or five, the two parties to the transaction will often agree to handle the transfer after two or five years to avoid national taxes and fees and save a lot of money.
However, once the seller's debt is enforced, the court seals the house that has not yet passed, because this situation does not fall under Article 28 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Court"failure to complete the transfer registration for reasons not attributable to the buyer itself". Even if the buyer has signed a legal and valid sales contract before the court seals the house in question, and has paid the full purchase price and takes possession of the property, enforcement cannot be ruled out.
Therefore, in order to ensure their own rights and interests, in case the money and the house are empty, everyone should pay special attention to avoid the risk of the house being enforced due to the seller's reasons due to the untimely transfer of ownership!
In reality, this situation is not an isolated case, and it does not meet the requirements of "failure to register the transfer of ownership not due to the buyer's own reasons" and the following situations:
The first is the failure to exercise sufficient care and ignore other rights created on immovable property. For example, if a mortgage is created on the immovable property, the transfer cannot be registered due to the existence of a mortgage.
The second is to ignore the local purchase restriction policy. If the buyer does not meet the purchase restriction conditions, the house of ** cannot be transferred to his own name.
Third, the transfer registration is not carried out as soon as possible due to other reasons. For example, because the buyer is in a foreign country or abroad, he is negligent in entering the ** house to transfer ownership.
In all these cases, there is a risk that the house will be enforced by the court and auctioned, and the buyer will be forced to vacate the house due to the non-compliance with the provisions of Article 28.
In this case, the buyer will have no choice but to demand a refund from the seller, and if the seller is unable to repay, the buyer will be empty.
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[Legal basis].
The First Civil Court of the Supreme People's Court: Does the transfer of ownership between the buyer and the seller of a house after five years in order to avoid national taxes and fees be "not registered for reasons not attributable to the buyer"? 》
Q:After the outsider signs the house sale contract with the person subject to enforcement, in order to avoid state taxes and fees, it is agreed to go through the house transfer procedures after five years. Later, due to a dispute between the person subject to enforcement and the creditor, the court seized the house. If an outsider files an enforcement objection lawsuit, claiming that he and the person subject to enforcement have signed a legal and valid sales contract before the court seals the house involved in the case, that he has paid all the purchase price and taken possession of it, and that the buyer has not completed the transfer registration for reasons not attributable to the buyer, should the request for the exclusion of the court's enforcement of the house be supported in accordance with Article 28 of the Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Court?
A: After signing the house sale contract with the person subject to enforcement, the outsider agrees to go through the house transfer formalities after five years in order to avoid state taxes and fees, and fails to go through the transfer formalities before the creditor applies to the court to seize the house, which does not fall under Article 28 of the "Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Court"."Failure to register the transfer of ownership for reasons not attributable to the buyer's own".
Provisions of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Reconsideration Cases by the People's Courts
Article 28 In the course of the enforcement of monetary creditor's rights, if the buyer raises an objection to the immovable property registered in the name of the person subject to enforcement, and the following circumstances are met and its rights can be excluded from enforcement, the people's court shall support it:
1) A legal and effective written sales contract has been signed before the people's court seals it up;
2) The immovable property has been lawfully taken possession of before it is sealed by the people's court;
3) The full price has been paid, or part of the price has been paid in accordance with the contract and the remaining price is delivered for enforcement in accordance with the requirements of the people's court;
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