Not long ago, some room look forward to accuses owner first instance " win the lawsuit " , 2 careful still have no final verdict. The negative effect of this matter is spreading. Recently, see room look forward to again " accuse " owner, not be this nevertheless walk along proceeding to the court, pass the arbitration however appoint will solve.
A few days ago, ms. Chen is in owner to did not receive the case that development business signals to fall, received Xi'an city to arbitrate appoint play arbitral advice note, the house that oneself stayed in 4 years, because develop business to apply for adjudication to buy room contract to disable, want to be called in.
On September 4, 2013, ms. Chen and sweetheart were bought be located in Du Dong of Chang'an area Guo village of center of wind of street the Tang Dynasty the house of a 49.2 ㎡, total prices more than yuan 220 thousand, with development business Shaanxi flying eaves estate develops limited company to sign contract of the room that order, head pay 30% , in all more than yuan 70 thousand, remain 150 thousand, after development business does good credentials, deal with to the bank mortgage loan. And on September 3, 2014, ordering agreement of room contract complement with development business autograph, 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. On June 31, head for arbitrate committee submits data first. On July 1, xi'an is arbitral committee is oral reply, let its and not the owner of copulate money people give arbitral committee the house money that leaves preparation to mortgage, undertake superintendency, wait for development business to deal with the fee that relevant certificate needs, by the arbitration appoint from owner pay mortgage dial in the paragraph. But development business is different to mediating a result meaning, still apply for to buy room contract to disable, want refund to call in house.
Why does development business apply for oneself and owner to buy room contract to disable? The reason is " 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 " .
This development business does not go the court is sued, go however Xi'an arbitrates committee applies for to arbitrate the contract that buy a house disables, was to be bought room contract to cause bigger social public opinion to concern by the development business that produces some time ago and owner probably, do not want to make a central point and walk along a kind of consideration of path additionally.
Develop the arbitral application of business, resent strongly and object what sufferred owner naturally. This house price was in 3000 yuan 2013 / ㎡ is much, and now is 10000 yuan / ㎡ is much, besides already lived 4 years, say to want now " return a house " , how to retreat?
Village property staff member discloses, before some year, because this village is violated build and formalities is not congruent problem, was punished 5 million yuan by program bureau, develop business that is to say current or face capital problem. And also not be this to think owner returns a house really certainly, hope to let however not the owner of capture tail section makes neat house money, in order to realize capital steam again.
Current, development business already was not willing to attend arbitral and harmonious meeting, mediation announces to fail, await next Xi'an arbitrated committee arbitrates September. Ms. Chen waits for owner to decide, if adjudication result shows the contract that buy a house is invalid, will sue development business next, discuss compensatory issue.
Do no less than opening to booking card, cannot call in section of building remaining part, development business does not seek an account from oneself angle, do not go rectifying and reform the problem of existence, obtain evidence actively, however follow the lead of travels together " shape is accused " owner, it is a thing of particularly strange flower really. Perhaps development business oneself has truly " difficulty " , but existence program problem, violate build wait for a circumstance, know perfectly well illegimate, why to take no account of clear consequence at the outset? Know perfectly well a result, do so again however, besides who to blame oneself to you still can be blamed? !
Because of " the reason such as the program " , namely problem of project program existence, or is existence is violated build, or is to rebuild, did not examine and approve through the program, such house even if is to be taken open to booking card, also do no less than coming house property card! This is more serious incident, development business does not seek an account from oneself, looked for the trouble of owner instead, be darned? !
Look forward to of a room accused the circumstance of owner to look once upon a time, below the powerful pressure of social public opinion, the forensic system that hears this case already was in thoughtful, reached consensus is " protection buys room person interest, the person that do not let break the law gains profit because of breaking the law " , most propbably strengthens case study inside countrywide limits hind, enhance the research of the understanding of pair of law clause and legal principle, encounter similar case again, be afraid the result of cognizance wants to appear different conclusion!
No matter arbitrate result how, whether to take a court of justice this one pace, to party and Xi'an, need is full of the result of energy, will carry brace up the person that buy a house and social all circles expect actively to Xi'an, the person that give beak a contract a chasten and admonitory case!
