People often concentrate the focal point negotiated on the respects , such as property right , price , position , a type , floor and orientation of the house ,etc. while buying and selling the second-hand house. But often neglect a problem that may cause the serious consequence : Registered permanent residence.

    In the judicial practice, the house deal dispute caused by registered permanent residence has the tendency to rise year by year. The main form of expression of its dispute is: Both parties are through negotiating, the seller has transfered the house to the buyer's name, the buyer has paid off the room fund to the seller too, it seems that the trade is over satisfactorily at this point . But soon, the buyer will just find while going through formalities of settling , the seller's registered permanent residence has not moved out from the house that is traded, so that the buyer's registered permanent residence is unable to move into. What is more, some seller common to inhabit people move out to run after fame in order to his registered permanent residence yet, maintain that it lives and weighs to the dispute house , so refuse to take out of. Thus, though house purchaser has made the property right of the house on the name, the registered permanent residence " shade " can not get rid of . Whose registered permanent residence containing stranger in house willing to be own is it? Is it inhabit together to run into sellers people refuses to move out of on the grounds of registered permanent residence, then the situation will be worse. Can only look in the house where the buyer spends a huge sum of money and buys , can't live , has undoubtedly become " the moon in flower , water in the mirror ". If want to move into the house bought, the financial resources and energy spent on the lawsuit will be unable to avoid .

    Once because the dispute takes place in the registered permanent residence in the trade of the house , it is very complicated to deal with. Because the moving into and moving out etc. of household register belongs to the public security organ to manage , does not belong to the scope of accepting cases of the court , so the court refuses to accept this kind of case . And the public security organ is limited by policy of the household register again while dealing with the registered permanent residence dispute . For example, the house sold to the buyer is an only house of the seller, the house without others is suitable for seller's moving into the registered permanent residence, no matter how abundant buyer's reason is, public security organs are all unable to move out of seller's registered permanent residence by force. Accordingly, the buyer's registered permanent residence is unable to move into .

    In order to avoid causing the dispute of the house property because of registered permanent residence question, I think , the buyer must do the job of the following several respect well :

    First, require sellers to show the depopulation, and copy and retain . Through examining the seller's depopulation, the buyer can roughly find out about the household register situation of seller's family . Two defects that but this kind of method exists: On one hand, the depopulation can only reflect the household register state of sellers kinsfolks , it is not the possibility that kinsfolks' registered permanent residence falls in the trade house not to get rid of; On the other hand, the information on the depopulation may have differences with the real household register state .

    Second, reach the household register state that the public security organ inquires about the trade house before trading. The household register of the house is usually by local police station management of this house of sites . The buyer can entrust a lawyer or reach the household register state that the local police station understands the house in person . If the local police station only restricts me and transfers the household register material , the buyer can require and go to the local police station to transfer and read with the seller . If the seller refused to cooperate, then perhaps the problem exists promptly in the registered permanent residence of the house .

    Third, consult on the question of registered permanent residence, agree on proper terms of payment and liability for breach of contract. As noted previously, it is very difficult that question of the household register is remedied afterwards, the prevention upper and lower feet work in the dispute that buyer must. While signing the house purchase contract , should hold two points : First, the time to pay the bill. The buyer has only it when confirm that all registered permanent residence purchased in the house has already moved out, can just pay off all house purchase funds . The buyer should remember well constantly : It was not merely the house without dispute of a property right, and should be the house without the dispute of a site of household register that was bought. Second, the agreement of the liability for breach of contract. The commitment that the seller only moves out of the registered permanent residence the trade house is far from being enough, the responsibility that the buyer must just violate this commitment with the seller makes a stipulation. Define the liability for breach of contract, can avoid buyer's burden of proof in damaging , it proves one's own harm suffered that the buyer needn't collect the evidence in the lawsuit .