My real estate license has not been completed for six years! How to sue the developer?

You should have sufficient evidence to prove that it is the developer's reason, and the real estate license has not been processed for 6 years.

Article 18 If the buyer fails to obtain the house ownership certificate at the expiration of the following period due to the seller's reasons, the seller shall be liable for breach of contract unless otherwise agreed by both parties:

(a) the registration period of housing ownership agreed in the commercial housing sales contract;

(two) the subject matter of the commercial housing sales contract is the unfinished house, 90 days from the date of delivery of the house;

(3) The subject matter of the commercial housing sales contract is the completed house, which is 90 days from the date of conclusion of the contract.

If there is no liquidated damages stipulated in the contract or the amount of loss is difficult to determine, it can be calculated according to the total amount of house purchase money paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

The above clause is the No.7 legal interpretation issued by the Supreme People's Court in 2003.

You can search Baidu: (Fa Shi [2003] No.7) to see the original legal provisions.

Extended data:

Entrusted developer

Applicable conditions

In order to save your time and energy, you can choose to entrust developers or intermediaries to handle real estate licenses.

In the case of using bank mortgage loans, some banks have stipulated in the housing mortgage loan contract that "the developer needs to assist in handling the real estate license". In this case, only the developer or agency can be entrusted to handle the real estate license.

Even if the developer or intermediary agency is entrusted to handle the real estate license, the developer or intermediary agency can still choose to collect and pay taxes such as deed tax, public maintenance fund and stamp duty, or the developer or intermediary agency can only handle the application procedures for the real estate license, and the taxes such as deed tax and public maintenance fund can be paid by itself.

Scope of application: It is applicable when developers or agencies collect taxes and fees such as deed tax, public maintenance fund and stamp duty.

Step 1: Sign the entrustment agreement.

Usually, there is a clause in the "house purchase contract" about entrusting the developer to handle the real estate license, which itself can be regarded as a separate entrustment agreement. In addition, many developers will require buyers to sign a power of attorney entrusting them to handle the real estate license in addition to the purchase contract, and agree to hand over the deed tax and public maintenance fund to them before they can move in.

Sometimes, developers will entrust relevant procedures to specialized institutions or lawyers.

At this time, you can also choose a developer or an agent company to go through the relevant formalities, and the taxes and fees such as deed tax and public maintenance fund will be paid by yourself.

Precautions:

The agency agreement shall clearly stipulate:

1. Within what period should the developer apply for the real estate license (if the two certificates are separated, the land use right certificate and the house ownership certificate must be marked. Of course, if the local authorities are temporarily unable to obtain the land use right certificate for administrative reasons, they can only make concessions.

2. Within what time limit should the developer or agency provide the official proof of payment of relevant taxes and fees.

3. Agree how to deal with the case that the application cannot be processed as scheduled or the application has an error due to the developer's reasons. It's best to clearly stipulate such clear default treatment methods as "you can return a house" or "you don't return a house, but the developer has to compensate x% of the total house price".

4. Agree how the purchaser can verify the real estate license if the loan bank impounds the real estate license and the purchase contract, because in this case, the purchaser can only "take a look" at the real estate license.

5. Agree to handle mortgage registration. Some banks do not detain real estate licenses, but only handle mortgage registration. Whether the mortgage registration procedures are handled by the developer and how to handle them should also be clearly agreed.

6. Agree on the amount and payment method of the agency fee, and ask for the official receipt stamped by the developer.

If there is no detailed agreement in the purchase contract, please try to include these terms in this entrustment agreement.

Step 2: Pay the agency fee of the real estate license, public maintenance fund, deed tax and stamp duty.

When you move in, developers often ask you to pay these fees. Precautions:

1. Before paying the money, please know the charging standards of these taxes and fees, so as to verify whether the developer's calculation is correct. Please refer to the appendix 1 1 of this book.

Please keep the receipt after paying the money, and ask the payee to affix the official seal, and don't accept the "white note".

Step 3: Get the real estate license according to the agreed time.

Precautions:

1. Check the number of certificates carefully. If you agree to get two certificates, you must verify whether they are complete.

2. Carefully check the records of the real estate license, especially the important information such as area, location, owner's name and ownership status. If it is inconsistent with the contract, ask the developer to explain the reasons.

3. Check the mortgage items recorded in the "Other Rights" column.

4. Ask for an official invoice for paying taxes and fees.

Scope of application: applicable when paying taxes such as deed tax, public maintenance fund and stamp duty.

Step 1: Sign the entrustment agreement.

Precautions:

Matters needing attention are the same as "Step 1" in "Process 1".

Step 2: Pay the agency fee for the real estate license.

When the seller lives, the developer will ask you to pay. Precautions:

Step 3: Pay the public maintenance fund and deed tax to the relevant departments.

Regarding the payment method, you can ask the developer or the staff of the agency. Public * * * maintenance funds are generally collected by community offices in the area where the property is located, and some cities have begun to collect public * * * maintenance funds by banks. Precautions:

Please pay the public maintenance fund and deed tax in time. According to the law, the payment voucher of these two funds is a necessary voucher for handling the real estate license, so if it cannot be paid in time, it will affect your obtaining the real estate license.

Please be sure to keep the official receipt of tax payment and give it to the developer or agency in time so that they can handle the next job.

Step 4: Get the real estate license according to the agreed time.

After the developer or agency company pays the above taxes and fees, it can get the real estate license by handling the real estate license and mortgage registration.

If the loan bank impounds the real estate license and the house purchase contract, you must find an opportunity to carefully check the records on the real estate license. If there are errors in the records, you should ask for changes in time.

Concrete implementation

information needed

1. Original house sales contract and supplementary contract.

2. Original unified invoice for commercial housing sales.

3. The field questionnaire and the original floor plan of the house.

(If the house surveying and mapping report is in the old format, you need to issue a completion acceptance form and fill in an application for real estate registration. The new format only needs to provide the field survey questionnaire and the original floor plan of the house. )

4. Certificate of tax payment (deed tax payment)

5. Required materials

(1) The buyer is married.

(1) Copies of ID cards of both parties (in principle, the original should be checked)

② Copy of marriage certificate (with original verification)

(3) If either party can't attend the event, it needs to provide the private seal; if it entrusts a third party, it needs to provide the private seal of both husband and wife.

(2) The buyer is single (must be present in person, not acting as an agent)

① Copy of ID card (with original verification)

(2) a copy of the household registration book or household registration certificate (with the original verification)

(3) A single statement of the property buyer in the local civil affairs bureau.

Buyers from different places will go to the notary office to handle it.

Foreign buyers will go to the embassy to handle it

(3) The buyer is the unit.

① Copy of business license (or organization code certificate) (original inspection). If the original verification cannot be submitted, a copy of color printing issued by the industry and commerce shall be submitted.

References:

Baidu encyclopedia-real estate license