小产权房能否进行买卖交易？

在房价居高不下 today, some buyers have been forced to choose less expensive rural housing due to their economic considerations. However, the special regulations of rural property sales make such transactions prone to disputes. Therefore, when buying rural housing, buyers should be aware of what they should pay attention to. To start with, it's necessary to explain what we mean by "second-hand houses." Second-hand houses are not a strict legal concept, and in most cases, there are two kinds: legal second-hand houses and illegal second-hand houses. Legal second-hand houses refer to houses built on land owned by a collective unit, and the ownership proof is usually issued by the township or village government. Illegal second-hand houses, on the other hand, refer to houses that have been built without proper approvals on land owned by a collective unit or that have been built without authorization. Now, let's talk about the special regulations of rural property sales. When it comes to illegal second-hand houses, the first step is for the relevant administrative body to decide if the house is considered a "non-compliant building." If the house is deemed to be a non-compliant building, the validity of the sales contract will generally be deemed null. After the contract is deemed invalid, the buyer may be entitled to ask the seller to return the购房款. If the seller has committed a form of mutual mistake, the buyer may be entitled to ask for compensation. As for legal second-hand houses, things are a bit more complicated. In case the buyer is a member of the same collective organization or the buyer and the seller are already living in the house, the contract is generally considered valid. It is worth noting that when determining whether a buyer is a member of the collective organization, the court will generally refer to the buyer's family as the reference unit. As long as one of the buyer's family members is a member of the collective organization, the rural property sales contract will be deemed valid. In cases where the buyer is not a member of the collective organization and the seller is a non-member, the validity of the contract may vary from region to region. In Guangzhou, the court generally considers the sales contract for rural land use rights transferred, rented, or leased to non-agricultural uses to be invalid. (参考粤高法发〔2020〕42号) In Shanghai, the court considers a rural house sale to be valid if the seller has obtained approval from the relevant organization and department, or if the contract has been的实际履行. However, if the seller has not obtained such approval and the contract has not been实际履行 or if the buyer has not actually resided or used the house, the contract is considered invalid. If the contract has been actually executed and the buyer has actually resided or used the house, the court will not take a表态. In actual practice, the court should prioritize the stability and recognition of the buyer's rights and interests. In conclusion, when buying rural housing, buyers should be aware of the special regulations of rural property sales and take appropriate precautions.

《最高人民法院关于审理商品房买卖合同纠纷案件适用法律若干问题的解释》第二条出卖人未取得商品房预售许可证明，与买受人订立的商品房预售合同，应当认定无效。