
AI-generated summary
Starting from July 1, 2023, in principle, the sales contracts of pre-sold houses and newly completed houses cannot be arbitrarily transferred or resold to third parties. Violations may result in a fine of up to NT$3 million.
The City Government reminds the public that if they really need to resell pre-sold houses, they should first confirm whether they comply with relevant regulations and consult with the Land Department if necessary. Do not assume that "just reselling" will not cause problems. (Provided by Jia City Government)
[Reporter Ding Weijie/Chiayi Report] Recently, some people in Chiayi City purchased pre-sale houses. Before the ownership transfer registration was completed, they transferred the pre-sale houses to others due to personal reasons. They thought it was just a normal "transfer order", but they did not expect that it involved the transfer or resale restrictions of the pre-sale house sales contract, and they were eventually fined. The city government reminds the public that if they really need to resell, they should first confirm whether it complies with relevant regulations and consult with the Land Department if necessary. Do not assume that "just a resale" means there is no problem.
Starting from July 1, 2023, in principle, the sales contracts of pre-sold houses and newly completed houses cannot be arbitrarily transferred or resold to third parties, nor may they publish transfer or resale advertisements on their own or on behalf of others. Those who violate the regulations may be fined not less than 500,000 yuan but not more than 3 million yuan; if multi-household transactions are involved, fines will also be imposed on a per-household basis.
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Zhang Wanfen, director of the municipal government's Land Affairs Department, said that house prices now easily exceed tens of millions of dollars. For many people, buying a house may be the most important or even only one-time major transaction in their lifetime, and a fine of 500,000 yuan is not a small sum for ordinary families. If you accidentally violate the law just because you don't understand the regulations on the resale of pre-sale houses, the price you pay will be quite heavy.
Zhang Wanfen pointed out that in practice, people still think that as long as the ownership of the house has not been registered and the next buyer is found to take over, the pre-sale house can be "transferred". In fact, if the "transfer order" as people call it actually transfers the original pre-sale house sales contract, payment obligations or house purchase rights to a third party, it may involve contract transfer or resale regulated by law. It should not just look at how the transaction name is written, but the actual transaction content.
Zhang Wanfen said that land politicians, real estate intermediaries and sales agents are the professional service providers that people most often come into contact with when conducting real estate transactions. They should proactively explain relevant regulations and possible legal risks. More reminders can prevent people from facing high fines due to unclear regulations.
However, pre-sale houses cannot be transferred under any circumstances. There are exceptions for transfers between spouses, direct blood relatives or collateral blood relatives at the second level, or due to inheritance, distribution of marital property, etc. In special circumstances such as involuntary resignation, serious illness or injury, the original house being damaged by disasters and being uninhabitable, or major accidents, an application can also be made in accordance with the regulations and will be processed after approval. If the public really needs to resell, they should first confirm whether it complies with relevant regulations and consult with the Land Office if necessary. Do not assume that "just reselling" means there is no problem.
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