Can Prefabricated Houses Be Sold? Zhihu Translation

If a prefabricated house refers to a fully constructed house, it can be sold to any buyer who complies with the law, including individuals, enterprises, and other organizations, and can be exported to many countries and regions around the world. If it refers to a pre-sold house, it can be sold under certain conditions but is subject to strict legal restrictions and supervision.

Legal Basis and Principles for the Transfer of Pre-sold Houses

The rights enjoyed by the pre-purchaser under the pre-sale contract can, in principle, be regarded as a creditor's right and can be transferred under certain conditions. This is the fundamental legal logic that enables the sale of pre-sold houses and clarifies the possibility for pre-purchasers to dispose of their housing rights under specific circumstances.

Transfer Conditions and Restrictions

• Contractual Agreements: The pre-sale contract may explicitly stipulate whether transfer is allowed, as well as the conditions and procedures for transfer. If the contract prohibits transfer, then the transfer act may constitute a breach of contract, and the transferor may need to bear corresponding legal liabilities.
• Developer's Consent: The transfer of a pre-sale contract usually requires the consent of the real estate development enterprise. This is because the developer needs to cooperate in handling relevant contract modification procedures, such as changing the purchaser's information, which is an important step to ensure the smooth progress of the transaction.
• Policy Restrictions: Local governments may introduce real estate regulatory policies that restrict the transfer of pre-sold commercial housing. For example, they may impose restrictions on the transfer period, stipulating that transfer is not allowed within a certain time frame, or set specific conditions, such as requiring the purchaser to meet certain residency or social security requirements.
• Registration and Filing: The transferor must hold a pre-sale contract that has been registered and filed. Pre-sale contracts that have not been registered and filed cannot be transferred. This is to ensure the legality and standardization of the transaction and prevent false transactions.

Operational Procedures and Precautions

• Negotiation and Consent: The pre-purchaser needs to first communicate with the developer and obtain their consent. This is the first and crucial step in the transfer process.
• Signing a Transfer Contract: The buyer and seller should sign a written transfer contract to clarify their respective rights and obligations and avoid disputes in the future.
• Handling Procedures: Depending on local requirements, it may be necessary to go to the real estate management department to handle procedures such as contract registration modification.
• Prudent Approach: If you have bought a pre-sold house and want to resell it to someone else, you should wait until the house is delivered and the real estate certificate is obtained before proceeding with the normal transfer. Signing a sales contract before obtaining the real estate certificate carries significant legal risks, is prone to disputes, and the buyer may not be able to obtain a loan. It is advisable to complete all the procedures and obtain the certificate before selling, which is the most prudent approach. If you are really in a hurry to transfer, it is best to negotiate with the developer to handle procedures such as returning the house or modifying the contract, but these must be clearly agreed upon in writing to avoid future problems.