According to not complete count, two class court accepted case of house property dispute to exceed first half of the year 2018 2016 summation, was 2017 77% of annual. From this data we can see, as people law consciousness rise, incident of house property dispute happens again and again. To common people, handling house property issue is the thing of force of a time-consuming bad news, it is to the loss outweights the gain really.
The itself that buy a house is a complex issue, and have cannot charge a sex, no matter be,buy secondhand room, encounter house property dispute likely, so, if encountered house property dispute unfortunately, what do you know you can be done? Small Zhuge arranged conditions of a few common house property dispute, understand together fall!
1, defer makes room issue
Basis " contract law " the 107th regulation, obligation of contract of nonperformance of party one party perhaps fulfills contract obligation not to accord with an agreement, ought to assume continue to fulfill, take remedial action perhaps compensates for the responsibility of breach of contract such as the loss. In addition, party one party expresses clearly or show with oneself behavior nonperformance contract is compulsory, the other side can ask before at the expiration of one's term of office of deadline for performance its undertake responsibility of breach of contract.
Accordingly, if develop business to did not make a room on schedule, owner can ask to develop business to pay penalty due to breach of contract to perhaps recoup a loss, if the person that buy a house wants to remove contract, ought to undertake urging accusing first. Urge what 3 months exceed after accusing, the person that buy a house can ask to develop business to remove contract.
2, how does the person that buy a house go back on his word to do?
Both sides is signed " contract of commodity house business " hind, in " contract of commodity house business " have not deal with open to booking put on record before registering, the person that buy a house goes back on his word, do not want to continue to fulfill " contract of commodity house business " , OK with " contract of commodity house business " have not for become effective, one-sided removes contract, whether need not assume legal responsibility?
The person that buy a house ought to undertake responsibility of breach of contract according to the agreement of the contract. Basis " contract law " the 8th regulation: The contract that establishs lawfully, have legal sanction to party. Party ought to fulfil his obligation according to the agreement, do sth without authorization is changed or must not remove contract. The contract that establishs lawfully, get legal protection.
" top people court about hearing case of dispute of contract of commodity house business applicable law the explanation of a certain number of problems " the 6th: Party opens to booking a contract to was not dealt with according to regulation of law, administrative regulations with commodity house register put on record for formalities, the request affirms the contract is invalid, do not grant to support.
3, deposit but in order to retreat?
"Subscription " with " deposit " it is two different law ideas, this is the idiomatic way that develops responsibility of law of business desire avoid. Basis " People's Republic of China assures law " regulation: The amount of deposit is agreed by party, but the 20 ％ of the specified amount that must not exceed master contract bid.
Commodity house trades in, after buying the home to fulfil a contract, deposit ought to touch evaluate money to perhaps call in; If buy domestic nonperformance contract, have no right to ask to return return deposit, those who develop business nonperformance contract, should times doubler return return deposit.
And the legal concept that subscription is not a standard, actually it has the quality of imprest, do not have assure property. Commodity house trades in, if buy obligation of domestic nonperformance contract, do not state he lost a request to return the right that returns subscription; Conversely, if develop business nonperformance obligation to also be not needed times doubler return return subscription, but this does not mean contract beak a contract to just need not undertake responsibility of breach of contract.
4, secondhand in house business, the building gives the issue that lease goes and produces.
Secondhand when house business, should affirm above all secondhand whether does the room give lease. If have tenant, the person that buy a house above all wants to know, buying and selling is not broken rent. That is to say, although secondhand the room sold you, if rent the contract did not expire, you also cannot evict tenant, must want to fulfil the contract that rent a house, till expire till.
The 2nd, secondhand in house business, have a tenant preferential the argument that buys right. If tenant did not abandon preferential buy right, so although you are mixed,the person that sell a house signed a contract, also can bring about a contract to disable, pose a series of issue. Before the person that buy a house so buys a house, must make good investigation, ensure the presence that whether has tenant, if have, should ask tenant abandons preferential the written consent that buys right.
5, is owner OK because of building quality, central heating, light the problem refus such as gas to hand in property to expend?
Not OK.
Basis " regulation of construction project quality " regulation, construction project executes quality to guarantee system. Building project quality guarantees is to point to to after housing project complete is checked and accept, guarantee the quality blemish that appears inside deadline, give repair.
Housing project is in guarantee limits and guarantee the quality blemish that appears inside deadline, construction unit ought to be fulfilled guarantee compulsory, assume liability to pay compensation to the loss that cause. Construction unit and construction unit are protecting the agreement in the compile a book to guarantee limits, guarantee deadline and guarantee responsibility. Bilateral agreement guarantees limits, guarantee deadline must accord with a country to concern a provision.
Additional, estate develops the commodity house of enterprise work off to guarantee, still should carry out " regulations of management of urban estate development " and " commodity house sale runs way " concerned regulation. Project of commodity house-owner body and establishment of form a complete set all accord with this regulation, do not belong to property management to serve conventional category.
According to the State Council " property regulation " the 52nd regulation: Property runs the water supply inside area, power supply, air feed, heat addition, communication, unit such as cable television, ought to assume the responsibility of relevant cop and conserve of facilities facilities maintenance lawfully.
Of course, house property dispute is far more than hereat, relevant understanding work must have been done before the person that buy a house buys a house, reduce the generation of dispute as far as possible. Buy a house not easy, and Maijuzhen cherish!
