Conduct title searches for mortgages and court attachments before signing a purchase contract, and file for provisional registration immediately after signing

Before signing a home purchase agreement, visit the local real estate registry with your ID to verify whether the property has existing mortgages, court freezes, or prior registrations. Write provisional advance notice registration into the contract, and file for it immediately upon signing. Once provisional registration is recorded, the seller cannot legally sell, mortgage, or transfer the property to any third party without your written consent. You must complete final title transfer within 90 days of the property becoming eligible for full conveyance.

A few dozen RMB in statutory registration fees. Spend half an hour conducting an in-person title search with government ID before signing, and visit the real estate registry with the seller post-signing.

Under Civil Code Article 221, parties executing a real estate transaction agreement may apply for advance notice provisional registration to secure future property rights: "After provisional registration is made, any disposition of the real property without the consent of the holder of the provisional registration shall not have effect in real rights." Provisional registration terminates if the underlying contract is rescinded or if an application for final title registration is not submitted within 90 days from the date when registration becomes possible. The Ministry of Natural Resources Implementing Rules for the Interim Regulations on Real Estate Registration apply this mechanism to both new off-plan commodity housing and secondary residential sales: during the validity of provisional registration, registries will refuse any third-party registration filings without the buyer's written consent. In off-plan presales, if a developer fails to co-apply as agreed, the buyer is legally authorized to apply unilaterally. Prior to signing, prospective buyers with transactional intent may query registry databases with their national ID to verify mortgage liens, advance registrations, objection registrations, and judicial seizures. Note that municipal online contract filing is an administrative measure and does not confer real property rights; judicial interpretations confirm that lack of administrative filing does not invalidate contracts unless explicitly made a condition precedent.

Verifying property ownership and mortgage status prior to signing is detailed in Chapter 15, Rule 6. Because registry searches without a signed contract may not reveal the registered owner's full legal name, always cross-reference physical deed certificates with the seller's resident identity card in person. Securing provisional registration legally forecloses developer or seller secondary sales and unauthorized secondary mortgaging before deed transfer. While victims of collusive fraudulent double-selling can sue to void fraudulent contracts, litigation is costly and time-consuming; advance registration provides proactive statutory protection. Benefit magnitude is categorized as High based on securing property title. Primary beneficiaries are yourself and your household.

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