1, settled through negotiation
If the property right certificate cannot be handled due to the developer's reasons, there are two ways to solve it through negotiation: one is that if the buyer does not return the house within a certain period of time, the developer should pay liquidated damages on a daily basis; Another is that buyers return a house, and developers pay a certain penalty.
When negotiating, you must remember to bring the purchase contract and negotiate with the developer to assume the liability for breach of contract. If there is little difference between the two sides, after reaching an agreement, the two sides will sign an agreement to stipulate the way to bear the liability for breach of contract and the final handling method, and the developer will compensate the buyers.
Step 2 send a power of attorney
If negotiation fails, you can entrust a lawyer to send a lawyer's letter to the developer. The lawyer's letter can mainly play the role of reminding and warning, urging developers to take the initiative to take responsibility and actively solve the problem of not having a real estate license. Sending a lawyer's letter is much more convenient than judicial channels, but it is not mandatory. If the other party refuses to pay compensation, it will eventually need to file a lawsuit.
Step 3 file a lawsuit
Most friends usually take a light to heavy approach when dealing with problems. If the developer refuses to solve the problem after consulting and sending a letter, then the buyer can bring a lawsuit to the court, demanding to continue to perform the contract or demand to terminate the contract, and investigate the developer's liability for breach of contract.
Under what circumstances can't I apply for a real estate license?
1. The developer mortgaged the house to others.
If the developer obtains five certificates, but the developer has mortgaged the house to others and sold the house at the same time. In this case, buyers can't do real estate licenses. If the developer can't fulfill the due debt in time, the mortgagee demands to realize the mortgage right, and the buyers don't even have the right to survive.
2. Illegal construction
Buyers should check clearly when buying a house. If developers want to sell commercial housing in the real estate market, they must obtain five certificates and one book. In order to maximize profits, some developers will arbitrarily change the use of all parts of all owners in the community and build houses illegally. If property buyers buy such a house, they will not be able to apply for a real estate license.
3. Small property houses
I believe we all know that small property houses have no property rights, and some property buyers will choose small property houses for the sake of cheapness. However, small property houses can't get the real estate license issued by the state, only the real estate license issued by towns and villages. In case of demolition, buyers will not get any compensation.
4. The acceptance of the building is unqualified.
According to China's relevant regulations, construction projects can only be delivered to buyers after acceptance. If the property fails to pass the acceptance of relevant departments due to quality problems, even if the house is handed over, the property ownership certificate cannot be obtained.
Buyers pay less taxes and fees.
Buying a house involves a lot of taxes and fees. If property buyers pay less taxes and fees, it will lead to the inability to apply for real estate licenses. But in this case, as long as the property buyers pay the relevant taxes and fees in time, they can run the real estate license normally.
6, procurement qualification fraud
Now, with the tightening of the property market regulation policy, some people are not qualified to buy a house, but in order to buy a house, they will forge the qualifications for buying a house, such as fake divorce and fake certificates. Once this situation is detected, it will not only fail to run the real estate license, but also face legal punishment.