If a contract has been signed, you can ask the other party to compensate for the economic losses.
If you don't sign the contract, it should be based on the actual situation.
Article 9 of the Property Law clearly stipulates that the establishment, alteration, transfer and extinction of the real right of immovable property shall take effect after being registered according to law; Without registration, it will not take effect. It can be seen that in the sale of houses, even if the buyer actually occupies the house, as long as there is no change registration of house ownership, the buyer cannot obtain the ownership of the house.
Extended data case:
13 years ago, after a man sold his house to others in Chongren County, he has been shirking to assist in the transfer formalities for various reasons. In May this year, the house will be demolished, and each owner will receive nearly one million yuan in compensation. Under the temptation of profiteering, the owner decided to take back the house in the name of "the house is the joint property of husband and wife, and the agreement is invalid if the wife does not sign it".
After accepting the case, Chongren County Court recently made a first-instance judgment, and found that the purchase contract was valid and the original owner should assist in the transfer.
When his wife was away, he sold the house for 30 thousand yuan.
1998, Chen Hui and Li Fen were assigned to an 89-square-meter three-bedroom apartment in the dormitory area of a heavy machinery factory.
In order to raise funds for starting a business in the sea, on June 1 2006, Chen Hui took Wang Chunping, who was interested in buying a house, to see the house.
Wang Chunping is very satisfied with the house and the price. He signed a house sale contract with Chen Hui that day. According to the contract, Chen Hui will sell an 89-square-meter house under his name to Wang Chunping at a price of 30,000 yuan, and the cost of renaming the house will be borne by Wang Chunping. On the same day, Chen Hui's wife just went out and didn't sign the contract.
After the contract was signed, Wang Chunping paid all the house price to the seller. Chen Hui also handed over the house title certificate and land use right certificate to Wang Chunpan.
To Wang Chunping's surprise, the trouble caused by this house followed.
Millions of compensation make the original owner go back on his word
After Wang Chunping moved into the new house, he repeatedly asked Chen Hui to help with the transfer formalities, but Chen Hui always shirked it for various reasons. Because the family lived in a house, Wang Chunping didn't think so much, but after more than ten years, Chen Hui still didn't handle the house transfer formalities.
In May this year, Chongren county government decided to demolish the dormitory area of a heavy machinery factory where the house is located. Each homeowner will receive nearly one million yuan in compensation for demolition. After getting the news, the Wangs were very anxious. Because so far, Chen Hui's name is still on the property certificate. If the house is not in your own name, isn't the demolition money wasted?
At this time, the original owner Chen Hui also learned that "the house is about to be demolished, and the owner can get a lot of compensation." He began to move. Chen Hui and his wife, Li Fen, decided to take back the house in the name that her wife didn't sign the sale agreement.
On June 20th, Mr. and Mrs. Chen Hui came to visit Wang Chunping at home. Soon after they met, they made it clear that they hoped Wang Chunping would return the house. In order to apologize, Chen Hui agreed to pay Wang Chunping 654.38 million yuan in compensation.
As soon as the words sound just fell, Wang Chunping vetoed it and asked Mr. and Mrs. Chen Hui to assist in the transfer formalities as soon as possible.
The court ruled that the house sales contract was valid.
(All characters in the text are pseudonyms)
On August 9th, Wang Chunping filed a complaint, suing Chen Hui and Li Fen to Chongren County Court, asking the defendant to assist in the house transfer procedures.
During the trial, Wang Chunping claimed that after signing the house sales contract with Chen Hui, he paid all the house price as agreed in the contract, and Chen Hui had handed over the above-mentioned house and the property ownership certificate and land use certificate of the house to Wang Chunping. Up to now, the other party has refused to perform the obligation of assisting in the transfer of ownership for more than 10 years.
In this regard, the defendant Chen Hui argued that his relationship with his wife, Li Fen, has always been disharmonious, and he was worried that his emotional breakdown and divorce would suffer financially in the future. He sold the house jointly owned by husband and wife without telling Li Fen. Now, his wife Li Fen has made it clear that she doesn't agree to sell the house. "In order to take care of the relationship between husband and wife, I don't agree to transfer the house to the plaintiff Wang Chunping." Chen Hui said that according to relevant laws and regulations, his wife did not sign the sales contract, and the sales contract should be deemed invalid.
After hearing the case, Chongren County Court held that there was a house sales contract relationship between the original defendant and the defendant. Although the house is the joint property of Chen Hui husband and wife, there is no evidence that Li Fen's written consent was obtained when signing the house transfer agreement, but Li Fen, as Chen Hui's wife, should know the property right of the house. Now the house has been occupied by Wang Chunping 13 years, and Li Fen 13 years has never raised any objection.
The court of first instance recently made a judgment on this case. In order to protect the transaction security and maintain the principle of good faith, the contractual relationship between the two parties should be recognized as legal and valid.
New Law Newspaper-House Purchase Without Transfer Encountered Demolition/KLOC-Seller's Repentance After 0/3 Years