What procedures do you need to buy a demolished commercial house in Huangyan, Taizhou?

The procedures to be handled in purchasing the demolition and resettlement houses include: signing a contract for the sale of resettlement houses, bringing ID cards, household registration books, marriage certificates, property rights exchange contracts or housing sales contracts, surveying and mapping questionnaires, floor plans, tax payment vouchers and other materials to the local land management departments of counties and cities to apply for the registration of change of resettlement houses, and going through the transfer formalities at the Housing Authority.

The sale of relocated houses (so-called relocated houses, also known as relocated 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) is a specific demolition person, which is not only regulated by relevant laws and regulations, but also bound by relevant local policies of the local government.

Therefore, it is very different from ordinary commercial housing transactions. Brief description:

At present, there are different opinions on whether the relocated house can be bought or sold.

According to the provisions of Article 52 of the Contract Law, a contract may be deemed invalid under any of the following circumstances:

(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;

(2) Malicious collusion that harms the interests of the state, the collective or a third party;

(3) Covering up illegal purposes in a legal form;

(4) damaging the public interest;

(5) Violating the mandatory provisions of laws and administrative regulations.

The contract for the sale of relocated houses does not exist in the above circumstances, so it is an effective civil act.

In addition, Article 4 of the Supreme People's Court's Interpretation on the Application of Several Issues stipulates that the people's court shall confirm that the contract is invalid on the basis of laws formulated by the National People's Congress and its Standing Committee and administrative regulations formulated by the State Council, and shall not take local regulations and administrative rules as the basis.

The Property Law also treats creditor's rights and property rights separately, that is, a contract concluded according to law will not be invalid because the property rights are not transferred. Therefore, the sale contract for the demolition of houses is valid. As long as a complete, detailed and operable contract is signed, the rights of both parties can be fully guaranteed.

Therefore, it can be said that it is the key to protect their rights and interests for buyers and sellers (mainly buyers) to sign an effective and operable agreement on the sale of demolition and resettlement houses.

There is a long period from house sale to demolition, which implies great legal risks. In judicial practice, there are countless cases of such disputes, and there is a trend of increasing year by year. And its legal risk mainly lies in the buyer.