[brief introduction of details of a case]
Go to school for the child, feng Mei decides to change a room, house property intermediary introduced one department position to compare fine house to her, circumjacent and academic school is quite much, 85 smooth rice. House-owner Wang Peng introduces, oneself changed two-room flat three-room flat. Feng Mei is quite satisfactory to the house, signed a contract, paid the deposit of 100 thousand on the spot.
Passed two days, feng Mei does a building to design working friend to chat together with, respecting buys the business of the house, making an appointment with a friend to see a room the following day again. Be in again the following day of house-owner accompany next seeing room, house-owner introduction transformed a bedroom between the equipment the house, built again on the balcony store content room. The friend reminds Feng Mei, building existence changes the condition of the program, until the room is in charge of sectional change the name of owner in a register, the likelihood is put in the problem. Heard the friend's word, feng Mei Xinzhong does not have a bottom, to praedial trade central inquiry, if the building planned to change,be informed, do not give conduction change the name of owner in a register formalities. Feng Mei finds Wang Peng, the hope can remove contract, dan Wangpeng refuses clearly, claim house can normal change the name of owner in a register, if Feng Mei does not honor the agreement, will find out its responsibility of breach of contract. Trade was immersed in deadlock.
Crossed left and right sides of a month, feng Mei receives forensic telephone call, inform be sued by Wang Peng, the reason is exceed the time limit pays money of the 2nd house to already amounted to 15 days, make essential break a promise, wang Peng asks to remove contract, requirement Feng Mei Cheng carries money of house total prices 20% , 2 million yuan penalty due to breach of contract. Feng Mei Jingren introduces, the Beijing of member of legal expert advisory body that finds our newspaper east yuan Li Song of lawyer of attorney office partner, explore professional legal proposal.
[the lawyer is analysed]
Li Song's lawyer let Feng Mei narrate, saw way of the analysis after relevant data, sign according to Feng Mei and Wang Peng " Beijing puts contract of quantity building business " reach " compensatory agreement " regulation, if Feng plum exceed the time limit pays house money to amount to 15 days, make essential break a promise, wang Peng has authority to remove the contract asks money of house total prices the penalty due to breach of contract of 20% , the basis that this also is Wang Peng appeal is in reason.
Dan Wangpeng do sth without authorization changed the program of building interior, transformed equipment room the bedroom, build a house in the privately on the balcony, the relevant law statute that violated program of our country building. Basis " People's Republic of China is urban and rural program law " the 40th regulation, construction project has inside town planning area, construction unit or individual ought to to government of people of city, county branch of director of urban and rural program perhaps is saved, governmental application deals with the town people with certain government of people of municipality, municipality directly under the Central Government licence of construction project program. Reason is below the condition that did not obtain a government to build project program licence, privately changes building program, building management department does not register formalities to conduction change the name of owner in a register, once house cannot change the name of owner in a register, the contract purpose of building business cannot come true.
Basis " Beijing is advanced people court about hearing case of dispute of building business contract applicable law the directive opinion of a certain number of problems (try out) " the 21st regulation: Building business contract performs a procedure in, one party party makes essential break a promise, defend make an appointment with Fang Youquan to remove contract, break a contact just does not enjoy contract law to remove surely authority. If wait for a reason because of force majeure or circumstances change, cause contract purpose to cannot come true, contract both sides all has authority to remove contract. Reason because building cannot change the name of owner in a register, feng Mei can remove naturally contract, and the reason that the contract removes is in Wang Peng, reason contract removes, feng Mei does not have fault, wang Peng is put in fault, wang Peng should return the plum that return Feng already the 100 thousand deposit of consign. Counterclaim of Feng Mei of proposal of reason plum lawyer, agree to remove contract, ask Wang Peng is returned return deposit.
Feng Mei puts forward, why does Wang Peng claim is the house OK change the name of owner in a register? Li Lv division says, because the building is commodity house, after owner handles house property card, undertake changing planning to the building, reason is simple the circumstance that thes upper part of the body do not give a building to already changed a program now originally from the room, formalities of conduction change the name of owner in a register when, the staff member is examined with the form give priority to, make an on-the-spot investigation on the spot for complementary, want a house only commonly this lawful and effective, give conduction transfer ownership, but once know the building plans to be put in the change, won't give conduction change the name of owner in a register formalities, accordingly such building is cannot the risk of change the name of owner in a register, calculate this can successful change the name of owner in a register, later again sale, still exist cannot the risk of change the name of owner in a register, produce needless issue.
[the lawyer reminds]
Li Song's lawyer reminds everybody, changed the building of the program, often can make of the building but usable floor area increases, this also is a lot of owner like to buy " 2 room run 3 house " kind the reason place of the building, but once produce issue, may produce huge risk, answer to buy this kind of house carefully.
