read this article to understand the online signing, filing and advance notice registration of a house purchase contract.
2024-09-27
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on september 25, the shenyang real estate registration center issued the "notice on the implementation of "one-click processing" of registration of commercial housing sales contracts and pre-purchase commercial housing advance registration in our city." the shenyang municipal real estate bureau and the shenyang municipal natural resources bureau jointly announced reform measures - upgrade the "advance registration agreement for pre-purchase of commercial houses" to the "application form for pre-purchase of commercial houses", and implement "one-click processing" for the registration of commercial housing sales contracts and the advance registration of pre-purchase commercial houses. what is "one-click processing"? what is the difference between advance notice registration and online signature filing? in this regard, reporters from shenyang evening news and shenyang daily conducted interviews.
registration:
commercial housing pre-sale contract still has no property rights effect
tong shenglin, director of the business management department of the shenyang real estate registration center, pointed out that when buying a house, the biggest concern for home buyers is not the fall in housing prices, but the risks of "selling one house and two," and "selling first and paying off later." many people think that registration can ensure that one house will not be sold for more than one house, but this is not the case. since the current transactions on the market are often off-plan properties, even if the registration is carried out, the commercial housing pre-sale contract still has no legal property rights effect, but must wait until the property rights are transferred and registered before the dust is settled. during the period from signing the contract to the registration and transfer of property rights, situations such as "one house sold twice", re-mortgage, and court seizure due to development company reasons may occur. although the probability of these situations is not high, after all, the losses caused to home buyers are too huge, so they cannot be ignored.
this is the role of notice registration. according to relevant regulations, after notice registration, if the real estate is disposed of without the consent of the right holder of the notice registration, it will not have real rights effect. in other words, as long as the notice registration is carried out, others have no right to dispose of the house that the buyer has paid the down payment but is still waiting for transfer.
advance registration:
a new tool for property rights protection
tong shenglin said that notice registration is a powerful tool for property rights protection and is also the core content of this reform. although shenyang began to implement the advance registration system for real estate as early as 2007, and the "advance registration agreement for pre-purchase of commercial houses" is attached to the attachment of the "commercial housing sales contract (pre-sale)", that is, the house purchaser agreed to conduct advance registration, but in fact among them, very few home buyers register for advance notice. according to statistics, from january to august this year, there were less than 200 separate applications for advance registration for one-time payments in shenyang. even if advance notice registration for loan house purchases has achieved 100% full coverage, home buyers generally do not know what advance notice registration is all about.
the "one-click processing" working model implemented in this reform is to upgrade the "advance registration agreement for pre-purchase of commercial houses" in the attachment of the "commercial housing sales contract (pre-sale)" to the "application form for pre-purchase of commercial houses advance registration (agreement)". when the parties sign the "sales contract for commercial houses" and fill in the "application form for pre-purchase registration of commercial houses (letter of agreement)" at the same time, they are deemed to have submitted an application for pre-purchase registration of commercial houses. in this way, after the online signing and filing of the "commercial housing sales contract" is successful, the online signing and filing system will promptly push the registration application to the real estate registration platform through the system interface. the real estate registration platform automatically verifies the registration information. if the registration conditions are met, the platform will automatically approve the registration without requiring the home buyer to complete any formalities offline. house buyers can log in to the liaoshitong app "shenyang real estate electronic registration book inquiry certificate" with their real name to view the processing results. this working model has been officially launched on september 24, 2024.
according to tong shenglin, since the "one-click processing" was launched on september 24, in just two days until september 26, the number of notice registrations handled by the system exceeded 200.
online visa vs. registration:
online signing is the first step towards transparency and convenience
understanding the importance of notice registration, many people have raised questions about online signing and filing. what is the significance of their existence? the person in charge of the relevant departments of the shenyang real estate bureau told reporters that there is an essential difference between online signing and filing. online signing is a networked management system established by the real estate management department to standardize the housing sales behavior of real estate companies, maintain the normal order of the real estate market, and prevent developers from holding up properties and "selling more than one house." after the online signing is completed, the real estate authority will update the housing information online and publicize it. houses that have been signed online cannot be re-signed online. however, both parties to the contract can agree to cancel the online signing and check out. online signing increases the transparency of transactions and facilitates regulatory authorities to monitor the real estate market in real time.
registration is to protect the rights and interests of home buyers. during the filing process, the real estate management department will review the contract content to ensure the legality and compliance of the contract content. after filing, a unique contract filing code will be generated, the transaction status of the property will be announced, and transaction information inquiry and sharing will be provided. moreover, once a house purchase contract is filed, it is difficult to cancel it.
the online signing and filing of a house purchase contract is fundamentally just an administrative act. if the two parties have not agreed, failure to file will not affect the establishment and validity of the house purchase contract. on the other hand, the recordation of home purchase contracts plays an important role in real estate regulation and supervision. you may have heard of the "five limits" in real estate regulation, and the signing restriction is one of them. the real estate bureau has made the online signing transaction prices in the market generally stable by restricting overpriced properties and suspending online signings. this is how it works.
shenyang evening news, shenyang daily all-media reporter wang caili
editor li dan
