"Gentleman, this house a day a price, you are not bought today, will show adventitious goes up tomorrow of how many and so on. You see adjoining building dish, half an year went up after open quotation one times. We this affirmation goes up, average person queues up to cannot be bought. " the salesperson says development trader.
Buy a room to want discretion, the autograph makes an appointment with the first
"Be about this one " Mr Huang is pointing to the sand table that leads balcony direction Chao Na to say to the salesperson. Actually Mr Huang had visited very much home, will this to Olympic Games village feel to compare other environments to be close friends, be worthy of is Olympic Games village. Then of Mr Huang be perfectly satisfied signed contract of commodity house business and compensatory agreement. After the contract is signed, mr Huang was dealt with according to it mortgage loan procedures, paid inside contract deadline afore-mentioned buy house money to give house property the company entirely, this company used building consign Huang Mou on April 6, 2002.
Buck-passing refus is not in charge of development business
The commodity estate that acquired this building to be in Lou Yu on April 16, 2003 counterpoises certificate. Informed Mr Huang will handle card on November 15, 2003, but Mr Huang thinks company of this house property did not do card to already made break a promise for its on schedule, the requirement pays him penalty due to breach of contract. But Mr Huang is communicated with company of this house property for many times, the other side is in all the time evade, sophisticated saying is cause exceed the time limit because of the reason of house property management board and not be oneself did not submit data.
Mr Huang considered two days to cannot let them say to oneself so, the decision safeguards his rights and interests through legal approach. Initiated friend circle to appeal then, hope friends give support a move, the friend contacts him small letter says, the house was bought to also produce issue before me, I entrust that law place to help me hit won, you can look. Gave his our law the calling card of place then. Mr Huang acts on the idea that have a try to seek advice, feel we are dedicated house property this one is very professional, the decision entrusts us to help him safeguard legitimate rights and interests.
The lawyer analyses a controversy
Welcomed open a court session through investigating preparation, the true meaning that the contract of commodity house business that our lawyer thinks Huang Mou and house property company are signed and compensatory agreement are both sides expresses, what content does not have lawbreaking, administrative regulations is mandatory regulation, lawful and effective, bilateral party all should be fulfilled self-consciously. Huang Mou already bought house fund entirely at paying inside contract deadline, house property company also gave the building on April 6, 2002 Huang Mou is used. According to contract agreement, house property company has the obligation that assists Huang Mou to handle card, after and be in causing Huang Mou to cannot be used in building consign because of the responsibility of house property company estate authority is obtained to belong to certificate inside 360 days, undertake responsibility of breach of contract.
Because obtain bring a case to court to contend for a building to be in the commodity estate of floor space,authority certificate is to buy room person to deal with authority to belong to the formalities that before registering, must perfect by development business, till company of the house property in this case just obtained bring a case to court to contend for a building to be in commodity estate of Lou Yu on April 16, 2003 authority certificate, only then have for Huang Mou conduction authority belongs to the premise condition that register, come behindhand again later just informed Huang Mou submits relevant data handling card on November 15, 2003, bring about the bring a case to court acquires to contend for a building inside 360 days estate right after Huang Mou is controlling a building to belong to certificate from this, the responsibility that should attribute company of abstruse garden house property brings about tardily. Company of abstruse garden house property should at this point during (come since April 1, 2003 stopped on November 15, 2003) the responsibility of breach of contract that undertakes exceed the time limit to handle card.
Court decision
Court decision of estate development limited company already paid the money that buy a house with Huang Mou 289199 yuan are capital, by bank of the corresponding period loan interest rate is standard plan to pay the exceed the time limit that reachs to stopped on January 15, 2003 since April 1, 2003 to do card penalty due to breach of contract to give appellant Huang Mou.
[patulous read] does development business do exceed the time limit what card responsibility pushs a government to stand to live foot?
In the case that prosecutes development business exceed the time limit to handle card in owner, many spearhead that develop reason of exceed the time limit of general of chamber of commerce point to administrative efficiency of the government, think the government sector is protracted conduction ability is the main reason that brings about exceed the time limit to handle card, but this and policy adjust the case that causes exceed the time limit to handle card to differ, when development business undertakes counterplea with this reason, often get the judge's support hard, the reason has the following at 3 o'clock:
Above all, card of protracted conduction house property causes alleged government exceed the time limit handles card, be not commonly is governmental one-sided efficiency only not tall be caused by, development business also has pair of whole to do card time cannot accurate hold the responsibility with adjusting control, the commodity house deal that signs with owner for instance agrees term handling card is too short in the contract, or refer material handling card to spend evening to relevant section, as a result refers a government sector to the obligate time between deadline handling card from material too short, the time that leaves a government can't its branch interior completes technological process handling card.
Next, development business advocates with respect to its hard " the government is protracted deal with " this one contradictory reason undertakes quote, cannot offer what submit a data to the government sector on schedule to collect an evidence, additionally the part develops business with the government some two or many branches do not cooperate to bring about exceed the time limit handling card to be contradictory reason, what also be immersed in a mere verbal statement is no guarantee easily or choose the adverse place with evidential humble effectiveness.
Finally, although really because of the government of branch of one or more function protracted cause exceed the time limit to handle card, because contract and specific administration action have relativity, right now development business also is avoided hard duty, should undertake responsibility of breach of contract to owner above all however, undertake chasing after countervail to specific governmental function branch again.
