一、引言房价一路上扬促使二手房交易火爆,相关纠纷也随之风起云涌。一般来说,大部分上市流通的二手房都是已经取得产权证的产权房,主要包括购买商品房之后取得产权证的次新房和售后公房。但也有尚未取得土地房屋权证,且正作为向银行按揭贷款的抵押物。笔者在公证领域接到诸多类似交易。试举一例:甲方向开发商购买一套商品房,尚未取得土地房屋权证,适逢房价上涨,甲方以 First, the introduction of housing prices all the way to promote the popular second-hand housing transactions, related disputes also will be surging. In general, most of the listed second-hand houses are property ownership houses that have already obtained title certificates, mainly including secondary and after-sales public houses that have acquired title certificates after their purchase. However, there are also land-building warrants that have not yet been obtained and are being pledged as mortgages to banks. I received many similar transactions in the notary area. Give an example: Party A to developers to buy a set of commercial housing, land acquisition permits have not yet obtained, coincides with rising house prices, Party A