How to settle a property transfer if the ownership cannot be transferred: Analysis of common problems and solutions in real estate transactions
In the real estate transaction process, transfer is a key step to ensure the transfer of property rights. However, due to various reasons, some properties may not be transferred normally, making it difficult to "acquire" the property. This article will combine the hot topics and hot content on the Internet in the past 10 days, analyze the reasons, impacts and solutions for the inability to transfer, and provide structured data for readers' reference.
1. Common reasons for failure to transfer ownership
According to the recent hotly discussed real estate transaction issues on the Internet, the following are the main reasons why the transfer cannot be completed:
| Reason type | Detailed description | Proportion (reference) |
|---|---|---|
| Property rights are unclear | There are problems such as failure to sign by the co-owner of the property, inheritance disputes, etc. | 35% |
| mortgage or seizure | The property is mortgaged by the bank or sealed by the court, and the restrictions cannot be lifted | 25% |
| policy restrictions | Transfers are blocked due to purchase restrictions, sales restrictions or special regional policies | 20% |
| Taxes are not settled | The original owner is in arrears with property taxes, property fees and other fees | 15% |
| Others | Such as loss of real estate certificate, wrong registration information, etc. | 5% |
2. The impact of not being able to transfer ownership on the “registration”
"Location" refers to the confirmation of property ownership and binding of geographical information in the real estate registration system. Failure to transfer ownership may result in:
1.Suspended property rights: The buyer cannot obtain a legally recognized certificate of property rights, and the rights and interests are not protected.
2.Transaction stalled: Subsequent loans, rentals or sales are all affected.
3.Dispute risk: The original owner may be subject to enforcement due to debt issues.
3. Solutions and Suggestions
For different reasons, the following measures can be taken:
| Question type | solution | Things to note |
|---|---|---|
| Property rights are unclear | Confirm the ownership of property rights through legal channels, or negotiate the signature of the co-owner | Written agreement must be retained and notarized |
| Mortgage/Seizure | Contact creditors or the court to negotiate repayment or unblocking options | It is necessary to verify the progress of mortgage release to avoid second mortgage |
| policy restrictions | Consult the local real estate registration center to apply for policy exemptions or waiting periods | Pay attention to policy updates and keep official replies |
| tax issues | Require the original owner to settle the fee or deduct it from the transaction price | Need to provide payment voucher and update registration information |
4. Preventive measures and legal protection
1.Pre-transaction verification: Check the status of the property through the Real Estate Registration Center to confirm that it is free of mortgage, seizure and other restrictions.
2.Contract terms: Clearly agree on transfer responsibilities and breach of contract compensation, such as "the deposit cannot be transferred due to the seller's reasons, and double the deposit must be returned."
3.Fund supervision: Transaction funds are escrowed through a third party, and the funds are released only after the transfer is completed.
5. Summary
The problem of property being unable to be transferred involves many factors such as law, policy, and finance, and solutions need to be formulated based on specific circumstances. It is recommended that both buyers and sellers conduct risk investigation in advance and seek help from professional lawyers or intermediaries when necessary to ensure that the transaction is successfully completed.
(Note: The data in this article are synthesized from recent real estate forums, government affairs platforms and media reports. The proportion of cases is approximate, and specific issues need to be based on the actual situation.)
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