Bought a house to live oneself, after a few years be disabled to want to call in by contract of adjudication of development business application however house. "The house lives well, at that time development business says to want to control a house, there is any communication before. " Ms. Chen is very depressed.
As we have learned, when Ms. Chen buys a house in those days, price of this village house every square metre 3000 multivariate, now is every square metre 10 thousand multivariate.
Bought a house 2013
Did not obtain up to now open to booking licence
On September 4, 2013, ms. Chen and sweetheart bought Shaanxi to save Du Dong of Guo of area of Xi'an city Chang'an village of center of wind of street the Tang Dynasty the house of a 49.2 square metre.
House money total more than yuan 220 thousand, according to the contract buying a house that with development business Shaanxi limited company of development of flying eaves estate signs, ms. Chen head pay 30% , in all more than yuan 70 thousand, the money of 150 thousand yuan of houses that leave, after development business does good credentials, deal with to the bank mortgage loan.
On September 3, 2014, ms. Chen and development business signed agreement of complement of the contract that buy a house, deal with after handing over formalities, will move new home in October.
On June 18, 2018, ms. Chen receives Xi'an to arbitrate committee plays arbitral advice note, the contract buying a house that says to develop business application and her is invalid, let she submits evidential data inside 20 days.
"The house lives well, at that time development business bring two parties together disables together, want to call in house, there is any communication before. " Ms. Chen is very depressed, "Develop what business says certificate does to manage odd house fund together again to mortgage loan, certificate is not all ready now, we also cannot give them tail section completely. We also cannot give them tail section completely..
Development business is written in the requisition of submission to arbitration, after the contract is signed, because this building plans to wait for objective reason to fail to obtain commodity house to open to booking licence up to now, so " the request affirms the contract is invalid " .
Arbitral appoint mediation fails
Development business still applies for a contract to disable
Ms. Chen says, the village of Tang Feng center that she is in a building, have many 200 household at present. These resident and him situation are same, also be according to house money gross was handed in 30% to the 80% rooms that differ paragraph, development business handled land card only.
"This development business applies for what the contract disables to have two, that another owner are outer the ground. Village everybody the situation is same, the contract that why to know two to you can apply for us is invalid? Catenary of development business capital ruptures now, does preparation call in step by step is the village all house? " Ms. Chen is very afraid to this.
On June 30, after Ms. Chen prepares the evidential data that adjudication needs, how does westerly arbitrate committee submits data before, await an announcement.
On July 1, xi'an is arbitral committee is oral reply Ms. Chen, "The staff member suggests we these householder, the house money that will leave preparation to mortgage gives arbitral committee, by the arbitration appoint undertake superintendency. Development business deals with the fee that relevant certificate needs, by the arbitration appoint from owner pay mortgage dial in the paragraph. By the arbitration appoint from owner pay mortgage dial in the paragraph..
After Xi'an arbitrates committee and development business controller talk things over, development business is different to mediating a result meaning, still apply for a contract to disable, want refund to call in house.
"The staff member of arbitral committee replies later I, say the harmonious meeting from the back develops business not to wish to appear personally attend. Mediation announces to fail, await next Xi'an arbitrated committee arbitrates September. " Ms. Chen says.
If adjudication contract is invalid
Will sue development business next
Yesterday morning, reporter of China business newspaper accompanies Ms. Chen to be in the office inside the village to enquire a circumstance to development business together.
There is a financial staff member only inside the office, she says, put in development business to file the case with two householder invalid contract to arbitral committee really. The reporter lets her contact the leader of the company to have an inquiry, this personnel dials responsible manager telephone, its mobile phone is closing plane position.
Village property staff member says, because this village is violated build and formalities is not congruent problem, before some limited company of year of development of estate of Shaanxi flying eaves was punished 5 million yuan by program bureau.
Fanjuan of office of attorney of Shaanxi abundant luck beautifuls the lawyer thinks, " 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 2nd regulation, "Betray a person to did not obtain commodity house to open to booking a license to prove, the commodity house that concludes with vendee opens to booking a contract, ought to maintain invalid, but commodity house is obtained to open to booking a license to prove before sue, can maintain effective. " the interest that this clause original idea maintains owner, estate of Shaanxi flying eaves develops limited company not to have card sale now, application contract is invalid want to call in building, the original idea of this and clause nots agree with, will harm householder interest badly, affect the normal life of householder.
Yesterday afternoon 6 when, the reporter dials development business to be in charge of the phone of the manager again, still be in close plane position.
Current, ms. Chen and another householder that are sued await Xi'an the adjudication result of arbitral committee, ms. Chen says, if adjudication result shows the contract that buy a house is invalid, will sue development business next, discuss compensatory issue.
