New landlord Tucao account Huai Lai: buy more than 2 years of accounts or the original landlord?
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more than two years ago, Mr. Wang bought a house on Dikou road. Until recently, because the children had to move to school, he found that the original owner's account had been under his own house. He contacted the original owner, and the original owner refused to move away. Today, the original owner has been unable to contact, but the policy can only be resolved through consultation between the two sides, no coercive measures.
your house is sold to me, and the registered permanent residence is not going to "go"! The residents have plagued the house by the former owner who refused to migrate to Mr. Wang's residence in Jining, and have been in Ji'nan for 10 years. In 2011, he bought a 55 square meter house at the dike road lumber factory dormitory. After the two sides signed the housing sales contract, they paid off the house price, and the house property certificate also became the name of Mr. Wang. The real estate certificate was handled in March 2011. "The house is bought through intermediaries, and the contract is signed according to the template provided by the intermediary. There is no provision for relocation of household registration, because I didn't have any experience at that time. Mr. Wang said.
after buying a house, Mr. Wang has been living in the house. This year, Mr. Wang's children will go to primary school at an early age. He plans to move his children's account in other places to Ji'nan. After enquiry, he could put his and her child's account to Ji'nan in accordance with the policy of paying tax 50 thousand to Ji'nan within a year of 30 thousand or 3 years, and having a fixed residence policy. But when he took a house property certificate, a residence book and other certificates to the office of the dike road, he was told that the original owner's account had not moved away, causing him to not move his account. The police station said that there was no other way to get rid of the original homeowners' consultations.
, so Mr. Wang contacted the original owner. The original owner said, because the house where they live now has no real estate certificate, so they can not remove the account. After Mr. Wang and his contacts failed many times, the two numbers left by the original owner were no longer connected.
policy can not be forced to move only to negotiate "I spent a lot of money to buy this house, I am the owner of the household here, I have nothing to do with the people here?" Mr. Wang's heart is very bad, "first, the child immediately to the age of school, can not move to the residence. There is no way to go to school two is the original owner may have debt, now the creditors all day to my home debt, we should not be able to live in addition, I do business, the residence is not moved, nor does the loan. Now that policy is not supported and there are gaps in the law, I really can not help it. " Mr. Wang said.
for Mr. Wang's situation, the reporter consulted the Dikou Road police station's household registration section. A staff member said that if Mr. Wang is a registered permanent residence in Ji'nan, if the original owner insisted on not moving away, he would not be able to handle two sets of accounts in principle. However, the new owner has obtained the property certificate of the new house, and the condition of entering the registered permanent residence, it can be shown by the police to report to the Public Security Department of the place where the house is located. But the policy is not enjoyed by the relocation of the foreign registered permanent residence. "The only way for Mr. Wang to settle down now is to allow the original owner to move his account." The Ji'nan Municipal Public Security Bureau's household office also gave the same view: if the original owner refused to move his account away, no one would have the power to force his account to be removed. "If the original owner is not contacted, the public can turn to the subdistrict office or the police station for help, and the police station will come forward to help coordinate the settlement." The office of the household Department replied.
reporter learned that the household registration and housing property rights are managed separately, the property right is managed by the housing administration, the household registration is managed by the public security department, and the selling house is still blank in the legal supervision. Moreover, the household registration must be handled by the owner of the household, and other people can not remove the household's household account, so even if Mr. Wang encountered this situation, the public security department has no right to move the household owner's household registration.
lawyer said that the housing management department should supervise Jin Ping, a lawyer of the Shandong Tong River law firm, which has been met by Mr. Wang. This is a common situation in Mr. Wang. If there is no clear agreement on the problem of household registration in the purchase agreement, the formalities of the purchase are approved, and the procedures for buying and selling have been completely finished. There are litigation points, and the court can not be accepted. In addition, even if the house purchase agreement has been agreed on the relocation of the residence, the court accepts that the original owner has the conditions of performance: if the original owner is really nowhere to be settled, the court can not enforce the enforcement, and the original owner can only compensate for the breach of contract.
Jin Ping analysis, Jin Ping analysis, leading to the original housing owners are reluctant to move out of the residence of the reasons are generally 3 points: first, the original house surrounding the school environment is good, taking into account the children to school reasons two, the original owner went to work in the field, the residence is still in Ji'nan, and can not immediately move to three of the other houses, the other houses purchased without property certificates, or land A bad party is not willing to move out.
crack this seemingly difficult problem, and think more about it. Jin Ping said that the housing management department, as the intermediary company's business guidance and supervision department, can provide a contract model or guidance to the intermediary company, include the issue of residence migration as a single clause, and stipulate the responsibility and obligation of the buyer and seller. Although this can not completely avoid the phenomenon of "difficult to settle" again, but after all, it can remind buyers to pay attention, even if the problem can also take the way of law, is conducive to reducing the probability of "difficult to settle". As an intermediary,
should provide a comprehensive and considerate service for buyers and sellers. It is obligatory to remind buyers to pay attention to the relocation of accounts. But in the interview, the reporter found that only a part of intermediaries were included in the contract transfer. And when buying a house is difficult to find, it is difficult to find an intermediary.