Secondhand in house business course, because sell the home to want to sell a higher price or the building shares a person different idea sells a house, because this often can appear,sell the home the phenomenon that go back on one's word. If buyers and sellers had been signed secondhand the word of house business contract, the bargainor goes back on his word to did not want to sell, so how should be this problem handled? What is specific legal provision? Below small write the legal regulation that arranged a few this respects for everybody, the hope can help everybody solve issue problem smoothly.
If sell the building is mutual house property, so the law with existing basis, the bargainor is in what the person should share through collectivity when selling house property to agree. If, bargainor mutual person is not witting this thing does not agree with a house sell, so secondhand house business contract can be decided to be invalid. Of course, in practice classics regular meeting has a selling party with sharing a person different idea sells house property for, requirement court decides secondhand house business contract is invalid, mix thereby buyer end an agreement.
But, when building property right registers the under one's name in one person, buyer judges its place very hard when buying a house to buy a house is one person all or it is collective and mutual.
Basis " matter right law " the 106th regulation:
"Counterpoise without punish the person will be praedial movable perhaps those who make over alienee, droit person has authority to recover; division law to have a regulation additionally outside, those who accord with following scenario, alienee obtains this praedial movable perhaps droit: (One) alienee suffers the;(that making this praedial perhaps is kindness when movables 2) make over;(with reasonable price 3) law of cession praedial movable perhaps according to sets what ought to register to had been registered, do not need to register had delivered to alienee. Provision of the section before alienee according to is obtained praedial of movable perhaps droit, the person has former property authority divides right person to request to recoup a loss to nowhere. Party kindness obtains other other people to counterpoise, before consulting two set. Before consulting two set..
Top people court " about applicable < marriage law > the explanation of a certain number of problems (one) " the 17th (2) with " carry out about carrying out < general rule of civil code of People's Republic of China > the opinion of a certain number of problems " also have the 89th times similar.
According to afore-mentioned law basis, we need not malformation goes out, want to accord with the condition that kindness obtains only, namely buyer suffers when letting a building well-intentioned, paid reasonable undertook registering to valence, criterion from protective kindness the 3rd person, safeguard trade safe purpose sets out, contract of cognizance building business is active, allow buyer to acquire the property of the building.
In trying a process, according to the judicatory file of the supreme court, different case processing technique can divide for the following two kinds of circumstances:
One, when selling a house, if be one person of bargainor only,the right is registered, so be based on praedial fair show, public letter principle, buyer has reason to believe the bargainor fastens the complete obligee of the building, the business contract that signs between its and bargainor, should maintain for effective.
Below this kind of circumstance, the bargainor if the requirement of one-sided removes secondhand house business contract, law is not to give of support, buyer can him defend allowable profit. But if evidence can prove buyer is in,trade fault of the existence in the process, or with the bargainor an ill will is colluded with, harm interest of other and mutual person, can judge so secondhand house business contract is invalid.
2, when selling a house, when if building right is registered,be many people, be based on a part to share a person not to get punish of do sth without authorization to share the law of belongings to set jointly, if other obligee does not agree to sell the circumstance of this house property falls, should maintain business contract to disable.
Below this kind of circumstance, share the person's right to protect other house, the court can judge business contract to disable. Accordingly, when the person that everybody buys a house is buying a house, ought to advertent building shares the focal point relevant item of the person, whether is investigation is clear about this house property an individual all, if the building shares a person not to agree to sell, so buy the home to also can abandon buying only.
Above sells the home namely already the building is mutual and factitious by to buy the home to remove the note of business contract, the hope passes the introduction of above paragraphs, the person that everybody buys a house ought to want to add the problem that notices the building shares a person more when buying a house, avoid to trade in the future issue produces in the process, waste oneself time energy.
