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

Time: 2014-09-29         Source: Financial 360 finishing         Author: Du Juan
Question: Small property room canloan?
 
answer :
 
Legally speaking, a small property house is not a commercial house and cannot be bought or sold. The so-called "property right certificate" of such houses is not legally effective as a commercial property warrant. If the state land requisition and house demolition or village committee reform, etc., because there is no state-recognized legal property rights, the purchaser actually only has the right to use the house. In addition, due to the huge risk of property ownership, it is recommended that you carefully select and purchase, and the state has explicitly prohibited the purchase of small property houses.
 
After purchasing the property right house in Jianjian Township, after the purchaser signs the contract with the developer and pays the house payment, if the relevant department rectifies the construction project of the township property house, it may cause the partial project to be stopped or forced to be demolished. Then the result can only be the purchaser looking for a developer to ask for a house purchase payment, and the purchaser may face the embarrassing situation of being unable to obtain the house and failing to retrieve the payment in time. In addition, if there is land acquisition and house demolition after the purchase of a house, the property owner does not have legal property rights recognized by the state, and the purchaser is not a legal owner. Therefore, he or she may not be able to obtain compensation for the demolition of the property rights, but is obtained as an actual user. The compensation for demolition and relocation is insignificant compared with property rights compensation. Small property houseMortgageIt refers to the borrower looking for a regular loan company, mortgaged small-property housing, and short-term loan turnover. When the principal is returned on time, we all know that because the small-property housing cannot be listed and traded, it cannot be processed.Bank loan, And the loan is the risk guaranteed by the guarantee company is relatively large, so the point is relatively high relative to the property house, the interest is relatively high.
 
What is the risk of a small property house?
 
"Small property house" is not a legal concept. It is just a form of customary name that people form in social practice. At present, what is commonly referred to as “little property house” or “home ownership property” refers to real estate property rights certificates issued by township governments instead of the state. Therefore, "small property rights" are actually "collective property rights" of "township property rights," and it does not really constitute property rights in a strict legal sense. To put it plainly, “little property house” is a “commercial house” that is sold by some village collective organizations or developers in the name of new rural construction, houses built on collective land, or organized by farmers themselves.
 
The "five certificates" is a prerequisite for consumers to obtain a real estate license. Real estate projects including the transformation of Chengzhong Village can't handle real estate licenses without the "five certificates." Although the "small property house" is a hot one, many people in the industry believe that "small property house" has many risks. The biggest problem is that it has no property rights and is not protected by law. Wang Shengxue, Chairman of the Real Estate Research Association of Shaanxi Province, talked about his own views on “little property house”.
 
One, no real estate license
 
This type 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 property rights certificate issued by the country. This is determined by the laws of the country and the nature of the use of the land.
 
Second, it is difficult to compensate for demolition
 
Except for real estate permits, those "cheap rooms" actually belong to illegal buildings outside the scope of the government's regulations. If they are in conflict with the state's plans, they are likely to be demolished, and the owners will not receive compensation for the demolition and resettlement.
 
Third, the quality is difficult to guarantee
 
There is no supervision of the quality of the housing. Some developers will cut corners for making money and there are security risks. Such housing is generally developed by the village where the land is located. In addition to the difficulty in guaranteeing the quality of the housing and after-sales warranty of the housing, the property management after check-in is also very prone to problems.
 
Fourth, matching is not perfect
 
Almost all of these houses lack heating, natural gas and other ancillary facilities. And in the event of a dispute in the future, it may not even have water and electricity.
 
Fifth, the legacy is also troublesome
 
Due to the lack of property rights, there will be many problems in inheritance in the future. By the name of new rural construction and the transformation of old villages, it is the current mode of operation of “little property rights houses” and has the character of playing the ball.
 
An industry source also revealed that because there is no relevant formalities, the house prices are generally very low, and some developers are "playing a * for a place," once the liquidation, can not be promised immediately evacuated, many trouble caused by the follow-up All dumped to buyers.

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