Agreement
Inform a book
Masses net Linyi on August 20 dispatch (colour of reporter Wang Yan) recently, idealist of newly-added district of city of many Linyi north 2 period owner dials hot line of masses network news 7037770 complain, building dish after making a room, praedial card does no less than coming tardy, after possessing qualification handling card, development business leaves a premise condition again, say to want to take the stuff that wants to place handling card, owner must sign an agreement first, abandon finding out development business exceed the time limit to handle the responsibility of breach of contract that card produces.
Praedial card does not do the idealist to come down to send far receive dish say to possess qualification handling card
2013, mr Tang (alias) the idealist was bought in boreal city newly-added district 2 period commodity house, this building dish made a room 2014. Development business is limited company of development of real estate of Linyi country Xin at that time, signed commodity house opens to booking the acceptance in the contract to hand in the room handles praedial card inside two years. But because the house is checked and accept integratedly,did not pass wait for a reason, praedial card exceed the time limit still did not do two years.
Mr Tang says, send far real estate to receive real estate of dish of Linyi country Xin to become an idealist later 2 period development business, the building dish more the name is extend Yuan Feicui period, settled the case that praedial card cannot handle. This year on July 25, send far real estate to enter advocate real estate is in the Guo Xin after 2 period of commodity house owner in informing a book, say, idealist 2 period commodity house already had the requirement that handles praedial card, owner needs to rose on July 30, 2018 15 be registered to property service center in a few days and group by group, undertake conduction praedial card in installment, exceed the time limit does not come to those who deal with register, the loss that cause is assumed by him owner.
Owner wants to take material handling card to need to sign an agreement to abandon compensation of nearly 20 thousand penalty due to breach of contract first
The praedial card that cannot handle tardy can be dealt with eventually nowadays, idealist 2 period owner people in excitement to sent far real estate to give scroll, silk banner. But your owner people what did not think of is, guo Xin real estate leaves again gave premise condition: Requirement owner signs an agreement that abandons penalty due to breach of contract, just meet turn over the commodity house that deals with praedial card place to need agreement gives owner.
"Because Guo Xin real estate is fulfilled in the contract,fail to be fulfilled as agreed upon in the process manage the obligation such as card, produced penalty due to breach of contract. According to the contract, need to press house money everyday extremely one of coming that compensate for. " Mr Tang tells masses net the reporter, the basis pays the amount of the money that buy a house of room time and owner, guo Xin real estate needs to pay every owner 20 thousand yuan of compensation that differ because of break a contact. In agreement, guo Xin real estate asks owner abandons finding out responsibility of breach of contract of one's own accord, ask any economy are compensated for no longer, carry out compulsively to forensic to lodge a complaint or application no longer.
First instance of court of Lan Shan district adjudicates owner wins the lawsuit development business beard compensates for owner penalty due to breach of contract by the contract
Mr Tang says, very much owner goes to Lan Shan inside the village now division people court sued development business, owner of forensic first instance wins the lawsuit, development business must set compensatory owner penalty due to breach of contract according to the contract. Development business appeals now, 2 careful had not adjudged the court. One part is anxious the owner that handles praedial card has signed an agreement, agree to abandon finding out penalty due to breach of contract, development business gives avoid cost of two years of property. But the owner that does not agree to sign an agreement, can wait only.
Send property of far halcyon times: Do not take commodity house to turn over agreement to do not have card of deal with according to law
Guo Xin real estate gives 2 period the consultative content that commodity house owner signs shows: Because early days is objective reason, in bringing about estate of Linyi country Xin to develop limited company to perform a procedure in the contract, fail to fulfil partial obligation as agreed upon. Behavior of its break a contact includes but not exceed the time limit of be confined to hands in room, exceed the time limit to handle the issue such as card.
On August 20, masses network reporter and Guo Xin real estate get in touch, staff member reply says, owner deals with praedial card to need to go to office of Guo Xin real estate to register first, come to abandon chasing after at whether needing to sign duty consultative ability takes place handling card to require data, they are not clear also.
Subsequently, masses network reporter is called send property of far halcyon times, the staff member tells to say, need handling card offers commodity house to turn over agreement, owner needs to sign an agreement to company of Guo Xin real estate, after the lot comes to an end, development chamber of commerce turns over the official seal on agreement upper cover in commodity house, again the material need handling card, namely commodity house turns over agreement to offer owner. Current, idealist 2 period in many 400 owner, having near 200 owner is so of the autograph, sign an agreement, taking commodity house to turn over the relevant data such as agreement to be able to look for card of house property of property service center to wait for do an area to do sth for sb.
As to the agreement specific content, property staff member expresses, by Guo Xin real estate decides content, the autograph is not signed need him owner to weigh in the hand, take commodity house to turn over agreement ability to handle card anyway, do not take do not have card of deal with according to law.
Lawyer: Development business exceed the time limit deals with praedial card agree to carry responsibility of breach of contract
Be aimed at this matter, masses network reporter sought advice from Shandong quadrature to measure attorney office Hu Yueli of senior partner, vice director's lawyer. Introduced from the northern and western nationalities or from abroad lawyer says: According to our country " contract law " regulation, the sells a person to have the thing to vendee consign mark not only obligation of business contract, assume the obligation of the content droit of jib mark even. This also is a when business contract regards the basiccest goods as commutative form main feature and ultimate goal.
Because be in our country of respect of building droit jib,those who execute is building droit system of card of the hair that register, and building right belongs to certificate (two card) the behavior such as nuclear hair all by estate administration department specific carry out, decide to develop business to be in from this of contract of commodity house business in fulfilling, have the obligation of consign qualification building not only, also have assistance to deal with the obligation of two card at the same time. Does development business exceed the time limit deal with praedial card what to law responsibility assume?
Development business did not refer building right to belong to the material that register by legal provision, cause the person that buy a house to fail to press what make an appointment with regular day or set period day to obtain building right to belong to certificate, development business agree carries corresponding responsibility of breach of contract.
1, betray a person to did not refer conduction building right to belong to the place that register to need material to send the person that buy a house to did not obtain building right to belong to certificate on schedule on schedule, contract of commodity house business agreed penalty due to breach of contract handles way, by the contract the agreement is handled.
2, betray a person to did not refer conduction building right to belong to the place that register to need material to send the person that buy a house to did not obtain building right to belong to certificate on schedule on schedule, contract of commodity house business did not agree penalty due to breach of contract handles way, by already paid the money that buy a house, consult orgnaization plan receives the finance that Chinese people bank provides the standard computation of interest of loan of exceed the time limit.
3, because betray a person to did not refer building right to belong to on schedule,register material, send the person that buy a house to fail to obtain building right to belong to certificate more than one year by agreement and time limit, the person that buy a house can ask to remove contract, can ask the loss is compensated for, the loss can press computation of interest rate of loan of fixed assets of bank the corresponding period.
Masses network reporter will continue to pay close attention to this matter.
