What is the definition of resettlement housing? What are the risks of buying and selling resettlement houses in Qingdao?
For many people, buying a house is a big deal. Sometimes, some houses seem cheap, but are there other unknown "inside stories" behind them? Bian Xiao, this explains in detail the risks of purchasing resettlement houses ~ The definition of resettlement houses. The so-called demolition resettlement houses refer to houses that have been demolished due to urban planning, land development and other reasons and placed for residents or tenants to live in. Because the resettlement targets are specific relocated households, the sale of such houses is not only regulated by laws and regulations, but also restricted by relevant local policies of the local government. Therefore, it is very different from ordinary commercial housing transactions. With the acceleration of urbanization, a large number of houses on rural collective land have been included in the scope of demolition. In order to solve the housing problem of the demolished people, the government has built special resettlement houses. Relocation and resettlement houses enjoy relevant policies such as land allocation, fee reduction and exemption, and have the nature of social security, and the supply target is the relocated households with collective land. Compared with ordinary commercial housing, the biggest feature of resettlement houses is the specific purchase target and limited transaction time, that is, only qualified residents are eligible to buy resettlement houses, and residents are not allowed to transfer their houses to others within a certain period of time (usually five years) after obtaining the ownership certificate of resettlement houses. Although the transaction of demolition and resettlement houses is restricted, in real life, due to the large price difference between demolition and resettlement houses and ordinary commercial houses, a de facto demolition and resettlement house market has formed among the people, and even "scalpers" have appeared who buy such houses in bulk and then resell them for profit. Although the buyer and the seller sign the sales contract first and go through the formalities of payment and house handover, it is legal to go through the formalities of house transfer after five years. However, compared with ordinary commercial housing, the transaction risk of demolition and resettlement housing is much greater. The risk of buying and selling resettlement houses comes first. Rising house prices can easily induce sellers to default. According to the policy, the seller cannot transfer the house to the buyer within five years after obtaining the real estate license. In this long five-year period, no one can predict the trend of house prices. When the house price rises sharply, it is entirely possible for the seller to sell the house to a higher bidder again. In some extreme cases, a set of demolition and resettlement houses may have been bought and sold for more than a dozen times before the final transfer. The buyer of the demolition and resettlement house can't get full protection from the sales contract. The ownership of the house ultimately depends on the transfer situation: whoever finally obtains the ownership certificate of the demolition and resettlement house is the owner of the house, and it doesn't matter whether it is the first buyer. Many buyers of demolition and resettlement houses think that the sales contract has been signed, the house price has been paid and the house has been decorated. Even if the seller defaults, he can't kick me out of the house. In fact, the buyer who has gone through the transfer formalities will obtain the ownership of the house according to law and have the right to ask the original buyer to move out of the demolition and resettlement house. Second, the buyer can't get the compensation benefits of the second house demolition. In the process of urban expansion, it is not uncommon for some newly-built resettlement houses to face demolition again. At this time, the compensation paid by the demolition department is often higher than the transaction price of the demolition resettlement house, so the distribution of the compensation for demolition often causes disputes between buyers and sellers: before the house is transferred, the seller thinks that the compensation for demolition belongs to the seller of course; The buyer thinks that the house payment has been fully settled and he has moved in, so the compensation for demolition should belong to the buyer. Legally speaking, the compensation for demolition should still belong to the seller: on the one hand, the compensation for demolition belongs to the deformation of the demolished house, not to the fruits. Deformed objects are usually built on the basis of losing the original; These fruits usually do not depend on the loss of the original, on the contrary, they are usually produced in the presence of the original. The rule that the ownership of fruits changes with delivery cannot be applied to the compensation for demolition. On the other hand, the compensation for demolition is obtained by the seller based on the provisions of the law, not without legal basis, so it does not belong to unjust enrichment. Therefore, the seller is still entitled to compensation for demolition after receiving the purchase price. Third, if the transaction time is too long, many unpredictable factors will cause disputes. In one case, the seller died before the transfer was completed, and the seller's successor objected to the sales contract, thinking that the price sold to the buyer was too low. In order to complete the transfer, the buyer should negotiate with the heir he has never met, and then intervene in the seller's housework. In the end, the buyer chooses to solve the problem through litigation, but faces new problems. The seller has several heirs, some of whom have settled overseas. In this case, the court will have to serve it through diplomatic channels. As for how long it will take to complete the delivery, it is difficult to predict, and the lawsuit will drag on, and the buyer will not get the property certificate of the house. In addition, changes in national macro-control policies such as taxation and credit will also make buyers and sellers re-evaluate the gains and losses of the transaction. Property buyers should not only see its relatively low price, but also see its special risks when purchasing demolition and resettlement houses. It is not wise to buy a demolition and resettlement house, because it takes too long to successfully complete the transaction, and the potential legal risks are hard for anyone to foresee and avoid. The buyer only gets a limited price difference, and the whole house may be lost. Related reading: What are the risks of purchasing resettlement houses in Guangzhou? Relocated households can apply for two certificates when they buy resettlement houses in Wuhan. What are the advantages? Can resettlement houses be sold in the market? Reconstruction of resettlement houses in shanty towns Nanjing housing rental information resettlement houses have great hidden dangers in renting houses.