Notice: the housing developers have to handle real estate license obligations?
People who buy a house know that only a real estate card can be true. However, in real life, the real life of the developers is often overdue, which has brought great trouble to the buyers. Then, does the developer have the obligation to deal with the property certificate? And what legal liability does the developer need to undertake to deal with the property certificate overdue? Look at the following.
First, does the developer have the obligation to deal with the property certificate?
In accordance with the provisions of the "Regulations" City real estate development and management thirty-third, pre-sale of commercial housing purchased shall, within 90 days from the date of delivery of commercial housing, the sale of commercial housing purchased shall, within 90 days from the date of signing the sales contract, for change of land use rights and housing ownership registration.
Guizhou housing agency qualification agency on according to this provision, the real estate development enterprise performance is an obligation to assist, the real estate enterprises shall assist the purchaser of commodity housing for change of land use rights and housing ownership registration, and provide the necessary documents.
The necessary certification documents include land certification, construction planning license, comprehensive acceptance certificate, housing building surveying and mapping achievement report issued by the real estate surveying and mapping agency, and household household plan.
In addition, many housing contracts will also arrange for developers to buy property certificates for the buyers. Under such circumstances, developers will not only undertake the obligation to assist the real estate certificate, but also assume the main obligation to handle the property certificate.
Two, what is the legal responsibility of the developer to undertake the property certificate overdue?
The developer fails to submit the housing ownership registration materials according to the law, resulting in the failure of the purchaser to obtain the ownership certificate of the house on the appointed day or the prescribed date. The developer shall bear the corresponding liability for breach of contract.
1, the seller fails to submit the materials required for the registration of house ownership, causing the buyers not to get the ownership certificate of the house on time. The sales contract of the commodity house has stipulated the liquidated damages, which is disposed according to the contract.
2, the seller fails to submit the housing management authority for the registration materials required by the buyers can not obtain housing ownership certificates, the sale of commercial housing contract does not breach the agreement approach, according to the prepaid purchase, according to regulations of the people's Bank of Chinese calculated financial institutions overdue loan interest standard.
3, if the seller fails to submit the registration of ownership of housing materials, causing property buyers in accordance with the agreed deadline and failed to obtain housing ownership certificate for more than a year, buyers can request to terminate the contract and claim for damages, loss of fixed assets according to bank lending rates over the same period calculation.
Three. What are the reasons for the delay in the real estate card?
The reason for the late arrival of the commercial housing sales contract is complex. From now on, buyers can't get the real estate certificate at least for the following reasons.
1, the reason for the seller, the seller is not paid for land leasing and other related expenses during construction, without changing the planning acceptance, not through the work permit stall etc.;
2, it is out of the buyer's reasons, such as the buyer's own urge or disagreement or procrastination of the handover that needs to be provided.
3, it is the reason for the third party outside the contract, for example, the relevant government departments do surveying and mapping, which results in overdue time, the seller handed in the license information within the agreed time limit, and the registration authorities cause overdue.
4. It is due to the cause of force majeure and the overdue date.