There is no explicit provision on whether "rent-to-own" is legal. If the ownership of the house belongs to you, you "rent to sell" in the form of a contract with someone else, as long as you are voluntary and do not violate the relevant laws, there are no other factors that lead to invalid contracts, then the contract is valid, the contract should be carried out in accordance with the contract agreement between the two parties to the agreed time, you should be Handle the transfer procedures, if one party refuses to fulfill the contract, will bear the agreed consequences of breach of contract. From the policy and legal point of view, whether it is and real estate developers or individuals to buy houses, if you want to take the "rent to sell" way to buy, need to pay attention to the following points: clear nature of the house, to determine the purchase and sale of housing is not a small property rights, real estate developers own rental housing, resettlement housing and other types of property is not permitted to buy and sell; to prepare a good "Rent to buy" contract, see clearly the terms of the contract, agreed to breach of contract, after all, in the current environment, housing prices have risen more than the rate of increase in wages, there are many people would rather bear the liquidated damages are not willing to continue to fulfill the contract. Clearly transfer time, China's housing is the transfer of ownership registration, so once the transfer conditions are met, timely transfer.
I, invalid contract situation:
1, a party to fraud, coercion to enter into the relevant provisions, damage to the national interest.
2, the contract is signed with malicious collusion, harming the interests of the state, collective or third party.
3, the legal form to cover illegal purposes; damage to the interests of social public ****.
4, violation of the mandatory provisions of laws and administrative regulations.
Two, real estate mortgage realization conditions are:
1, the realization of real estate mortgage should first of all the existence of real estate mortgages as a prerequisite;
2, the debtor does not perform the debt due;
3, for the claim is not satisfied mortgagee is not negligent;
4, the occurrence of the parties to the agreement of the realization of the mortgage situation.
Legal basis: the Chinese people's *** and National Code Article 735 of the financial leasing contract is the lessor according to the lessee's choice of seller and leased goods, to seller to buy the leased goods, provided to the lessee to use the lessee to pay the rent of the contract.