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  • What should I do if I know that the sale of rural homestead is an invalid contract after paying the deposit

    According to Article 63 of the "Land Management Law": "The right to use collectively owned land of farmers cannot be transferred, transferred or leased for non-agricultural construction." A rural villager can only apply for one house site, and a farmer house site The right of use is linked to the qualifications of the members of the collective economic organization because the villagers obtained it for free based on their identity. To a certain extent, the homestead has the functions of social welfare and social security. So, the rural house homestead can be in this ...

  • What are the conditions of buying and selling villagers' homesteads? Is the sale of homesteads legal?

    This regulation was clarified by the relevant state departments more than 10 years ago. On May 6, 1999, the General Office of the State Council issued the "Notice on Strengthening Land Transfer Management and Prohibiting Speculation in Land", which for the first time explicitly forbids the sale of rural houses to urban citizens, and prohibits illegal occupation of collective land of farmers for real estate development. The second paragraph of Article 2 of the notice stipulates: "Farmer's dwellings shall not be sold to urban residents, nor shall urban residents be permitted to occupy farmers' collective land to build ...

  • I want to ask whether the sale of homestead is effective?

    Rural homesteads are limited to qualified members within the collective economic organization, and are used in accordance with the standards set by laws and regulations. They are rural land used to build their own residential houses. Farmers only have the right to use the homestead, and the land is collectively owned by the farmers. According to China's "Law on Property Rights" and "Guidelines for Judicial Practice of the Supreme People's Court", the sale of rural residential land in China is allowed, but there are many restrictions. The specific trading effect is as follows: ...

  • Excuse me, is homestead sale effective?

    You can go to court to argue that the contract is invalid. The "Land Management Law" stipulates that "a rural villager can only have one house site, and the area of its house site cannot exceed the standard set by the province, autonomous region, or municipality." You already have a house site, so you cannot own another house site. A piece of homestead, and the land has not been certified, it is not the legitimate thing of the other party. A contract that violates the law is an invalid contract.

  • What does a collective homestead sale contract look like?

    Because of the difference in the subject of the contract, different conclusions may also be drawn when applying the law to determine the validity of a house transfer contract on a homestead. 1. The rural house transfer contract between members of the rural collective economic organization shall be deemed valid. Because the purchaser is a member of the collective economic organization, the right to use the homestead can be circulated within the collective member. Therefore, for the transfer of rural houses between members of this collective economic organization, as long as the transfer contract entered into by the transfer parties is in accordance with the contract law on effective contract ...

  • Hello, can you introduce in detail how to determine the validity of the homestead sale contract?

    First of all, according to the principle of “going with the house”, the sale of rural private houses involves the sale of homesteads, which are prohibited by China's laws and regulations. Article 153 of China's "Real Right Law" clearly stipulates that the acquisition, exercise and transfer of the right to the use of house sites must comply with laws such as the Land Management Law and relevant state regulations. Article 62 of the "Land Management Law" stipulates: "A rural villager can only own one house site. After the rural villagers sell or rent a house, they apply for a house ...

  • What is the new policy for buying and selling rural homesteads?

    1. Circulation should be a more standardized name. Sale and purchase of house sites is legally prohibited. 2 House sites cannot be bought and sold externally. They can only be transferred within the village collective, that is, they can only be sold to people in the village or Collected by the village collective3, according to the provisions of the "Land Management Law": Article 62 A rural villager can only own one homestead. After the rural villager sells or rents a house, he then applies for a homestead.

  • What are the latest policies on homestead sales? How are homestead transfers regulated?

    City is better than city, and rural is better than rural. Many people now want to go to the countryside to buy a homestead and build a house on the homestead. In addition, the sale of rural homesteads is prone to regret. It has also gradually attracted people's attention, so how to regulate the transfer of homestead and how to transfer the homestead? The latest regulations for the transfer of house sites: Rural house sites are limited to the collective economic organization ...

  • How to deal with homestead sales disputes

    Homestead is the land that is used by rural collective members to build houses, and it is a guarantee of the housing rights of rural members. The policies on homesteads vary from province to province. A large part of the disputes over the sale of housing involves the sale of rural homesteads. What if the contract signed as a result of the sale of the homestead is found to be invalid? For the invalid rural house sale contract has been performed, and whether the parties can return to an agreement, the court can ...

  • Is it possible to buy or sell a homestead between farmers in this village?

    The ownership of rural house sites belongs to the state and the right to use them belongs to the villagers. Therefore, in principle, rural house sites cannot be bought and sold. According to the State's "Land Management Law", a rural villager can only own one homestead. The area of their homestead shall not exceed the standards stipulated by the provinces, autonomous regions and municipalities; after the villagers have sold or rented their houses, they will not be allowed to apply for a homestead. The houses of rural villagers are private property, and villagers can according to law ...

  • Are there any risks in buying a homestead in the village?

    First, the best way to avoid the risks of buying and selling rural homesteads is to apply for a real estate certificate. If the original real estate certificate is available, go through the legal transfer procedures. 2. To apply for a real estate certificate for a rural homestead, you need to prepare the following materials: According to the "House Registration Measures", if you apply for initial registration of house ownership due to legal construction of a house, you should submit the following materials: Proof of the identity of the person; (3) proof of the right to use the house site or collective ownership ...

  • Is there any risk in buying or selling a homestead without a license?

    House site refers to the land that has been built, built or decided to build houses, including land that has been built, land that has been built but has no cover, cannot be inhabited, and planning land for building. Types. According to Chinese law, house sites are collectively owned by farmers, and individual citizens have no ownership but only the right to use. The right to the use of house sites cannot be transferred to urban residents for purchase alone; the transfer of the right to use house sites must be ...

  • Is the sale contract for rural homestead valid?

    The law stipulates that the transfer of homesteads is illegal. It is meaningless to refrain from transferring and confronting the government. The state has formulated relevant regulations for the use of homesteads, and any people must comply with the law. Otherwise, the government will not consider them to be legal and will not compensate them during demolition. If government officials dare to compensate for violations of regulations and disciplines, later higher-level governments find that they can withdraw compensation unconditionally and punish the parties and related cadres. There is a one-by-one stipulation that a homestead can only be identified as one legitimate use ...

  • How to write a homestead sale agreement and what to pay attention to

    Now the parents intend to buy a rural house near the suburb of City B, which is an old house with four homesteads. They intend to demolish and redo the main purpose of these four homesteads. Already talked, waiting to sign a contract. Because the government does not allow the sale of rural homesteads, and is worried that the seller will regret asking to return in the future, the court will stand by his side against us. Is there any way to protect our interests to the greatest extent? The seller has only one land use right certificate, and after the transaction ...

  • What are the precautions for buying and selling homesteads?

    1. Rural house plots cannot be bought and sold freely. Farmers only have the right to use the house plots, and the land is collectively owned by farmers. Homesteads are transferred between members of rural organizations, but not to members of non-rural organizations. The internal members of the rural organization have a rural household registration and meet the application conditions of the house site. The house site belongs to the rural collective construction land, which collectively enjoys the ownership and is distributed to the farmers. The transfer between farmers does not violate the law. Homestead ...

  • Rural homestead bought and sold my old house privately by my parents. Now I split up and want to go back to the countryside to apply for a house ...

    The application shall be submitted to the township government with the consent of the village committee.

  • Is it possible to buy or sell a suburban homestead?

    Town homesteads cannot be bought or sold. According to China's "Law on Property Rights" and "Guidelines for Judicial Practice of the Supreme People's Court", the sale of rural residential land in China is allowed, but there are many restrictions. The specific purchase and sale effects are as follows: 1. The right to use the house site cannot be transferred separately, and it should be deemed invalid under one of the following transfer situations: (1) purchase by urban residents; (2) purchase by a legal person or other organization; (3) without the transferor's Collective organization approval; (4) To ...

  • How many years after the sale of rural housing land? After a few years, property rights will no longer be mine?

    Homesteads that have not been used for the approved purpose for two consecutive years since the date of approval according to law will be recovered. If you build a house, the homestead is permanent. The villagers' committees shall apply to the township (town) land management agencies for the following right to use the house sites, which can be recovered after review by the county (city) land administrative department and the county (city) people ’s government: Heji Town plans the housing site that needs to be adjusted for the reconstruction of the old village; (2) For the township ...

  • What is a rural homestead?

    Rural homesteads are limited to qualified members within the collective economic organization, and are used in accordance with the standards set by laws and regulations. They are rural land used to build their own residential houses. Farmers only have the right to use the homestead, and the land is collectively owned by the farmers. * The editor of Yoshiya came to talk about the rural homestead and the sale of rural homestead.

  • New Rural Homestead Policy: Three Principles for Homestead Sale

    There are principle restrictions on the transfer or sale of rural house sites, and some people cannot buy them. There is a large restriction on the sale of homesteads. If the buyers and sellers do not buy and sell in accordance with the policy, it may cause losses to the buyer.