There are two real estate sales contracts from circulation real estate division, one is made for the sale of real estate development enterprises and the buyer entered into sales contracts known Yishoufang. Another is the housing rights of people to buy real estate seller will transfer to the buyer of the contract again, commonly known as second-hand housing contract for the sale. Yishoufang the sale features are: 1, the seller is specific, that is the real estate development business; 2, the subject matter is the development and construction of the seller Forward House or existing homes; 3, the contract disputes applicable "Supreme People's Court on the trial of Contract interpretation of the law applicable to the case of a number of issues. " The sale of second-hand housing characteristics: 1, the seller is not certain, either legal also be individual citizens; 2, the construction of the subject matter is not the seller, is the real estate development companies or real estate purchase come the original owner ; 3, the contract disputes not applicable "Supreme People's Court on the trial of real estate contract disputes interpretation of the law applicable to a number of problems."
The seller made a second before "estate card" concluded the sale of housing with others, the sale of housing is not a party to the seller get "estate card" advocated by the contract null and void and will not be supported.
Which is not obtained with respect to real estate in the case of housing ownership certificate is able to transfer problems.
Article Description Reference "Shenzhen Intermediate People's Court guidance on the sale of real estate disputes hear Issues (trial) that" Article XVI.
"People's Republic of China on Urban Real Estate Management Law" Article 38 stipulates: "The following real estate may not be transferred, ...... (vi) is not legally registered to receive the certificate of ownership ......." The true legislative intent of the article is not prohibit the re-sale of real estate for sale, but that administrative convenience, does not belong to the validity of the contract ban norm. Article 46 of the Act states: "pre-sale, the purchaser of commodity house purchase have not completed the sale of real estate re-transfer problem, by the State Council." As can be seen from the article, the law does not prohibit sale of commercial housing for sale again. "City real estate sale management approach" Article X: "pre-sale, sale of real estate development enterprise shall sign a contract with the successful bidder within 30 days from the signing of the development enterprise should, to the real estate management department or the city and county. people's government land administration department for real estate sale contract registration formalities. "sale of real estate and development companies signed a buyer of real estate sale contract, the development of enterprises obligation to transfer ownership of the pre-sale of real estate buyer, enjoy the right to expect the buyer to obtain sale of real estate ownership. China has established a comprehensive system of registration of real estate sale contract, and with the "Property Law" stipulates that the gradual implementation of the notice of registration, in the real estate sale contract registration and notice of registration, that is made quasi-ownership of housing, the right to dispose of their pre-ordered house.
