Last year on June 2, some bridge of Mr Wang of Shenzhen and Liu signs a building to make over a contract, the one flatlet that bought garden of Long Huaxin Ou Qianlong is produced, he will receive the same year suddenly in August forensic subpoena, the son that sells the home is fastened with the mother appeal court declaration trades for mental disease invalid, return house property. No matter those turns bend around,circle first, mr Wang is after all intended and still be bargaining careless omission for it, encounter after all of this kind of thing very hole dad, person of do sth over and over again money of do sth over and over again. The what kind of contract that buy a house is invalid? Buy secondhand the neighbor of the room notices certainly.
Person of blame building property right sells this house
Some buildings sell the property right person that the person is not a building, sold the house of other however, after the event cannot get person of building property right again agree. This kind of circumstance is jural call have no right punish.
Betray mutual building to agree without other and mutual person
1, the husband and wife that forms because of marital relation shares a house, although building property right is registered in one party under one's name, but it is husband and wife shares building; actually
2, the mutual house that fashions because of acceding, namely the everybody of the building dies, its are lawful heir is 2 people above, have not deal with bequest analyse to produce, its building property right should share; for heir
3, the family that forms because of tearing open change shares a house, namely the basis tears open change to amend an agreement, be compensated the several people in factitious family, but the room that answer change is registered was in among them one the individual's under one's name, actually shares building; for the family
4, because of collective and contributive build the room, mutual house that buys a room to form.
Share estate, without other and mutual person written must not make over what agree. The legitimate rights and interests that because encroached other and mutual person,sells a person forms a contract to disable consequently.
With the building business contract that without person of civil action competence, limitation place of person of civil action competence signs
Without person of civil action competence: Malcontent the minor of 10 one full year of life; Cannot identify the mental disease of own behavior.
Confine person of civil action competence: Year full 14 one full year of life are not full the person of 16 one full year of life, deaf dumb person or the blind, person that has intermittence mental disease.
Afore-mentioned people all answer into travel building business by its legal deputy representative signs a contract, sign building business contract to belong to invalid contract independently.
Encroach tenant preferential buy right, the contract is invalid
Lessor sells the house that rent, should shift to an earlier date 3 months inform tenant, tenant is in coequal condition (time of house price, delivery and means) next enjoying preferential buy right; Lessor did not sell a house by this regulation, tenant can request people court to proclaim this building business is invalid.
Judiciary and executive authority the building that ruling, decision closes down or limits estate right with other form lawfully
Ruling, decision closes down or be restricted with other form lawfully by judiciary and executive authority the building of estate right, building everybody is removed in the building must not sell before afore-mentioned measure, the building business contract that signs otherwise is invalid. The building that closes down lawfully like the court, be delimited the building inside limits of red line of the program that tear open change is waited a moment.
Disable with the con, threatening, take advantage of sb's precarious situation, building business contract that damages collective interest to be method or result
Did not sign formal written contract
Contract of written building business was not signed between party, do not have again occupy what can check, also maintain disable for building business contract.
Secondhand how does house business contract disable to do?
After the contract is affirmed to disable, the contract has not fulfill, must not fulfilling; , ought to stop instantly fulfill. To the belongings loss that invalid contract causes, adopt following methods to handle commonly:
(One) return return property.
Return returning property is to make the property concern of party restores to sign the condition previously to the contract. Can be one party is returned still, also can be both sides is returned each other still. The building that party acquires according to invalid contract, should return if the building is nonexistent already,return; of the other side already perhaps damaged, already was obtained legally by the 3rd person, cannot return return or not was necessary to return return, ought to compensation of convert into money.
(2) recoup a loss.
The loss; both sides that the one party that does not have fault can ask the one party that has fault compensates for him has fault, assume the share that with its responsibility appearance gets used to in pecuniary loss severally according to responsibility size, weight.
