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Can a small property house be loaned? What are the risks?

Time: 2014-09-29         Source: Rong 360 finishing         Author: Du Juan
Question: Small property houses canloan?
 
answer :
 
Legally speaking, small property houses are not commercial houses and cannot be bought or sold. The so-called "property certificate" of such houses is the legal effect of not having the property rights certificate. If there is a national land acquisition and house demolition or village committee transformation, etc., since there is no legally recognized property rights recognized by the state, the purchaser actually only has the right to use the house. In addition, due to the huge risk of small property houses, it is recommended that you choose and purchase carefully, and the state also bans the purchase of small property houses.
 
After purchasing the property rights house in the township, after the buyer and the developer sign the contract and deliver the house payment, if the relevant department rectifies the construction project of the township property house, it may cause some projects to be suspended or even forced to be demolished. Then the result can only be that the purchaser finds the developer to ask for the purchase price, and the purchaser may face the embarrassing situation that neither the house can be acquired nor the house can be reclaimed in time. In addition, if there is no national legally recognized property right after the purchase of a house, the purchaser is not a legitimate property owner, so it may not be able to obtain compensation for the demolition of the property right, but as the actual user The compensation for demolition is very small compared with the compensation for property rights. Small property houseMortgageIt means that the borrower looks for a formal loan company, mortgages small property houses, and short-term loan turnover. Upon returning the principal due, everyone knows that small property houses cannot be processed because they cannot be listed and traded.Bank loanAnd the loan is a higher risk guaranteed by the guarantee company, so the interest is relatively higher in the case of relatively large property houses.
 
What are the risks of small property houses?
 
"Small property housing" is not a legal concept, it is just a customary term formed by people in social practice. At present, the so-called "small property housing", also known as "township property housing", refers to the property that is issued by the township government rather than the state. Therefore, "small property rights" is actually "village property rights" and "collective property rights". It does not really constitute property rights in a strict legal sense. To put it more straightforwardly, "small property houses" are houses sold by some village collective organizations or developers in the name of new rural construction, houses built on collective land or "commercial houses" organized by farmers themselves.
 
The “five certificates” are prerequisites for consumers to obtain real estate licenses, including real estate projects including urban village renovation. If there is no “five certificates”, they cannot apply for real estate licenses. Although “small property houses” are selling well, many people in the industry believe that “small property houses” have many risks. The biggest problem is that they have no property rights and are not protected by law. Wang Shengxue, president of the Shaanxi Real Estate Research Association, talked about his views on "small property houses."
 
First, there is no real estate license
 
This kind of housing is built on collective land and is not allowed to be sold externally. There is no legal guarantee. In other words, the purchase of such a house can not get the title certificate issued by the state. This is determined by the laws of the country and the nature of the use of the land.
 
Second, the demolition is difficult to compensate
 
In addition to not being able to apply for real estate licenses, those "cheap rooms" actually belong to illegal buildings outside the scope of the government. If they conflict with the national planning, they are likely to be demolished, and the owners will not receive compensation for demolition and resettlement.
 
Third, the quality is difficult to guarantee
 
There is no supervision of the quality of the houses. Some developers will cut corners to make money, which poses a safety hazard. Such houses are generally developed by the village where the land is located. Apart from the difficulty in guaranteeing the quality of the house and the after-sales warranty, the property management after the stay is also very prone to problems.
 
Fourth, the supporting imperfections
 
Almost none of these houses have heating, natural gas and other supporting facilities. And in the event of a dispute in the future, there may not be even water and electricity.
 
Five, the bequest is also troublesome
 
Due to the lack of property rights, there will be many troubles in inheritance in the future. In the name of new rural construction and old village reconstruction, it is the current mode of operation of "small property houses" and has the nature of playing the ball.
 
An industry insider also revealed that because the relevant procedures have not been handled, the house prices are generally low. Some developers are “playing one place for one place”. Once they are liquidated, they can’t fulfill the promise to evacuate immediately. Don’t give home buyers.

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