Buy good friend of the believe what one hears when the room's one-sided demit, sign business contract to receive a room to be entered, the risk in knowing its unexpectedly. Enter, be enforced to carry out by the court however, how can ability become the house-owner of be worthy of the name? Click frequency to listen to lawyer archives -- thought fors the time being too overtax one's nerves, buy need careful
Details of a case is answered put
Xiaowang and Xiaoli are the good friend that is acquainted ten years, a day, have enough to meet need of the capital on business of small Wang Yin is painful, hope oneself under one's name is in high grade residence to sell Xiaoli.
Hello, li Ge? It is difficult that have enough to meet need of my company capital appears recently, that residence evaluate that I plan to just bought under one's name last year 2 million sell you, the house just is decorated end I return mergence to live, it is high grade room learning an area, change do others I am not this price for certain ha, do you have intention not?
Xiaowang
Xiaoli
Were you covered then last year? So high grade I am interested for certain! But the property right evidence that you cover a house then is not had not done good, how can you sell?
When receiving a room I already fund of agree duty, maintenance these giving develop business, also signed get out of the way of a power of attorney to send business to do sth for sb property right card, near future of development business acceptance can have done. Then we are signed first " building business makes an appointment contract " , go to notarial place dealing with contract notarization again, had legal safeguard so, you can be at ease.
How does that house money pay? I need the money that buy a house to mortgage loan to the bank one part. When to sign a contract, make a room?
Can sign building business contract immediately, sign a contract to be able to make a room. The autograph makes an appointment contract when you give me 500 thousand head of state pay, once I here the tail section that after property right card is taken, begins to deal with change the name of owner in a register and you mortgages loan procedures.
That with respect to such agree on, we are signed first make an appointment contract, next I head pay turn Zhang gives you.
Xiaoli cannot think of, the legal thought that buys room experience this to let him be on hardships not only namely fors the time being, more make both sides again difficult become a friend.
Time flash and over- , after a year, xiaowang still did not give Xiaoli building transfer ownership.
Xiaoli
Xiaowang, the thing of house change the name of owner in a register how, you is last year to say to you can be finished very quickly?
Li Ge, development business carries the agree tax that all owner pay the village and maintenance fund to run road, owner is combining dimension to counterpoise now. Many 4000 owner wants village altogether to counterpoise through means dimension of lawsuit, case amount is too large, the court should be tried group by group and enter executive order stage by stage, the process is lengthy, the money that already made is differ also will surely sum is recovered.
Xiaowang
At this moment Xiaoli is flustered, when can you just take property right testimony after all? Old hardship lays 2 people of him husband and wife spelled ability to buy this flatlet, it is the exclusive residence of the family, if be not taken tardy,fear giving birth to variable to property right card. Buying this flatlet to basically take a fancy to it namely at the outset is high grade room learning an area, now the child already 3 years old, still two years face choose school with respect to meeting, in case delay child school work to plan not is afterthought not reached? !
Then, he urges Xiaowang enters judicatory order at once hastily.
Xiaoli
Then you sue a requirement to develop business to cooperate to handle card to the court as soon as possible, next our autograph is formal " building business contract " conduction change the name of owner in a register, my here child is anxious settle goes to school.
Good, I intensify handling.
Xiaowang
Another year many later, xiaowang takes forensic executive bureau to allot eventually " executive ruling book " , can handle property right card by this law copy clerk and the source such as the contract that buy a house.
Li Ge, I take a court to carry out writ to be able to handle property right card now. But I discover this covers a house to be in the beginning of the year was closed down by courtyard of additionally one domestic discipline exercised by the head of a feudal household again this year, because I owe Xiaozhang 800 thousand do not have ability to repay, be being adopted to enforce by the court now executive measure, the court is preparing to auction this to cover a house at present. I fail now force, no-go also appear personally go handling the issue of the house, yourself is looked at solve.
Xiaowang
Hear Xiaowang's word, clicked again in small Li Xin, soon the child is close to 5 years old, him together with already paid 500 thousand dynast to pay, if the house is auctioned because of executive program of the court, oneself are not the all in vain still is paid back head pay, and some closer year house price rises so big, oneself are short-term inside again incapable purchase house property separately, although be bought again, so the price difference loss that buys a house again tells the Jing thunder that likes fine day to oneself.
Xiaoli
Xiaowang, you this kind of manner is irresponsible, it is serious violate a treaty, ask you to think method solves those who divide a court to close down as soon as possible, finish property right to deal with as soon as possible, cooperate my change the name of owner in a register that finish.
Li Ge, I do not have money to resolve these issues, trade deficit is huge in last few years. I plan to run now road. Yourself thinks method is solved, be no good really you sue me.
Xiaowang
Small Li Ting is over these words, be immersed in long silent! Very fast, the court carries out a judge to be looked carefully at to building site, amounted to a court to will auction this flatlet house to small Li Xia, ask deadline of small Home Li Yi to move domestic announcement. This issued Xiaoli to be dumbfounded really...
This period honored guest
Beijing brings gain (Chengdu) Yang Yi of attorney office solicitor
The case is unscrambled
Be defeated
What is to make an appointment contract? Sign in this case this " does building business make an appointment contract " effectiveness how? If doesn't small king refus cooperate to sign in this case formal " building business contract " how should be relieved?
Alleged make an appointment contract, agree both sides is in namely a certain moment concludes the agreement that sign a contract in the future, it makes an independent contract alone. The concept that answers relatively to it is to arrange a contract originally, namely we are rented in what see in daily life, the groovy treaty wording such as buying and selling, loan.
Top people court " about hearing the explanation of problem of statute of comfortable use of case of business contract dispute " the 2nd regulation: "Party signs subscribe book, order form, book book, intent book, memorandum to wait make an appointment contract, the agreement concludes inside proper in the future time business contract, one party nonperformance concludes the obligation of business contract, the other side requests his to assume make an appointment contract responsibility of breach of contract perhaps asks to remove make an appointment the contract advocates damages, people court should grant to support. People court should grant to support..
According to legal provision: The subscribe of commodity house, order, book wait for an agreement to have " commodity house sale runs way " the main content of the contract of commodity house business of the 16th regulation, and betray what the person has received the fund that buy a house according to the agreement, this agreement ought to be maintained for contract of commodity house business.
In this case, the make an appointmenting that Xiaowang and Xiaoli sign the contract has legal effectiveness, " building business makes an appointment contract " in already agreed time of building position, price, delivery, small Li Yi pays head pay and enter actually, if do not cooperate to sign formal contract to cause dispute to appeal to because of small king refus,come court, the court can be maintained make an appointment the building business contract with contract formal department.
Be defeated
Card of half-baked property right conducts development business, how should be Xiaowang relieved?
Develop the business commission according to contract agreement and vendee, accountability certificate of ending property right is handled inside conventional deadline. Top people court " about hearing case of dispute of contract of commodity house business the explanation of applicable law problem " the 18th regulation: Because betray person cause, vendee fails to obtain building right to belong to certificate inside the deadline that building business contract agrees, outside having special agreement except party, betray a person to ought to undertake responsibility of breach of contract.
Xiaowang is faced with development business violate a treaty right now, can accuse to building seat the court requests to sentence your development business to cooperate to do card to reach undertake responsibility of breach of contract. Business of the development in this one lawsuit runnings road, the court is in can ask to develop business to fulfil obligation handling card with the form of judgment after announcement service lawfully, small Wang Ke is held after the case enters executive order " executive ruling book " , " civil judgment " when right of conduction building of proper motion of room canal branch belongs to certificate.
Be defeated
Development business whirls fund of building agree duty, maintenance to wait, whether can you affect building right to belong to certificate to deal with? How should answer?
Basis state treasury department, housing and urban and rural construction set related the ministry, agree duty and building maintenance fund are building vendee must the tax cost of pay, must obtain pay taxes proof and pay proof are rear can handle property right certificate.
In this case, development business carries paragraph abscond to cause tax cost to owe pay, should give pursue and wipe out fills to relevant section by development business lawfully pay tax cost. Still need time in view of process of pursue and wipe out and be faced with cannot the risk that sum recovers, if Xiaowang is eager to dealing with authority to belong to certificate, finish with the trading between Xiaoli change the name of owner in a register, need go ahead of the rest to fill pay tax cost is finished handle card, sequel succeeds by judiciary pursue and wipe out backward Xiaowang is returned.
Be defeated
Face a building to be closed down by the court, how should be Xiaoli relieved?
In this case, the building still puts on record to fall to small Wang Ming, because Xiaowang is faint Xiang Xiaozhang refund, the court has authority to close down and auction this flatlet house in executive program, earning auctions money to be used at pieces liquidate is small creditor's rights.
According to " code of civil law " the 227th, " top people court deals with executive different make peace to reconsider a case about people court the regulation of a certain number of problems " the 28th regulation, building vendee closes down in the court lawful and active written business contract already was signed before the building; Before closing down enter actually already; Because vendee oneself reason did not deal with building change the name of owner in a register,be not; Already handed in what buy a room to the paragraph already perhaps paid partial house money and be willing to ask by executive court money of will odd house delivers to executive court to be carried out in order to offer a case entirely. Building vendee can eliminate a court to be opposite of this building carry out.
In this case, before Xiaoli is accorded with 3 conditions. Autograph contract and into before living to close down in the court, tardy the reason be caused by that half-baked change the name of owner in a register also is not Xiaoli. Small Li Ke hands in 800 thousand yuan to the court with law is being narrated set before the basis, in order to offer the creditor's rights that the court uses at ensuring Xiaozhang. Pair of this flatlet house remove to forensic request in the meantime close down measure, obstacle of broom change the name of owner in a register.
Be defeated
Loan is mortgaged to the bank when Xiaowang is buying this flatlet house, at present still 500 thousand yuan are not paid off, already was registered by bank conduction lien on the building, how should be Xiaoli relieved?
Basis " matter right law " the 191st regulation, make over pawn without inform or agreeing without hypothec person, if suffer,let square for you pay off debt eliminates hypothec, make over effective.
In this case, small Li Ke and bank reach consistent: By small Li Dai small Wang Xiangyin is repaid all right 500 thousand yuan of loan, cooperate small Wang Jie to be registered except the existent guaranty on the building by the bank.
Be defeated
If small Li Wei is seasonable,hold the right to the court with the identity of building vendee, the building already was auctioned to end by the court, how should be Xiaoli's loss recovered right now?
Above all, we should comb Xiaoli to face what loss below this circumstance. The first, head pay 500 thousand yuan; The 2nd, nearly 3 years house price rose to break up almost, if Xiaoli buys a house afresh, the house market price below coequal condition can achieve 4 million yuan or so, the loss of part of this one appreciation is very big.
Right now small Likeli is sued to the court namely, the view is returned head pay and the loss of building appreciation part about 2.5 million yuan. Small Wang Shang owes Xiaozhang 800 thousand yuan, right now money paid for something purchased or received for something sold of building judicatory auction is estimated by market price control for 4 million yuan, the court is in auction earning money 4 million yuan in deduct the money that delimits 800 thousand yuan are used at repaying to be in in Xiaozhang, shang Yu is controlled 3.2 million yuan should return Xiaowang lawfully. Fulfill to prevent what small king ill will escapes judgment, small Li Ying applies for to the court as soon as possible in lawsuit Shang Yu 3.2 million yuan of money gives judicatory conserves, freeze this money, after winning the lawsuit in order to ensure, money of can quick implementation is compensated.
Be defeated
Those who face the Chengdu City to release is new buy the policy that the building is restricted to make work inside 3 years, although the obstacle on the building all is able to solve hind, xiaowang still needs when 3 years rear can give Xiaoli building transfer ownership, how is Xiaoli still faced with bigger risk to should be answered right now?
Although the obstacle is solved entirely, if Xiaowang wishs to obtain letter of building property right, right now small Li Re wants to finish change the name of owner in a register to still do not accord with policy requirement instantly. The external debt that because Xiaowang gives birth to meaning failure to owe,pays is more, bounds of 3 years the building inside carry out period still is registered fall in small Wang Ming, produce other loan extremely likely to apply for a court to close down the circumstance of the building, and right now small Li Yi adds up to via paying 1.8 million yuan of money that buy a house, only remnant section of 200 thousand yuan of tail. If again with " executive demur reachs the regulation that reconsider " the right that goes advocating oneself serve as vendee, can cause huge to appeal to to oneself tired, cost bad news force, also can affect a child to enjoy natural resources of high grade education further.
The method that Xiaoli solves this one problem is to sue Xiaowang, appeal small king cooperates to achieve building transfer ownership. Condition of change the name of owner in a register of building of meanwhile of ancient bronze mirror is had, and bilateral right obligation is clear, the court supported Xiaoli lawfully appeal to beg. Xiaoli holds become effective civil judgment goes conduction change the name of owner in a register of room canal bureau will is restricted to make work no longer by the building the influence of policy, came true oneself are right the droit of the building.
The final processing of this case is as a result: Xiaoli issues Xiang Xiaowang to lodge a complaint in the lawyer's guidance, appeal small king cooperates to finish formalities of building change the name of owner in a register. Close down in the light of judicatory: Xiaoli shows a case to the court lawfully with the identity of building vendee, coordinate executive program of the court, remove finally by the court on the building close down measure; Be aimed at bank loan and pledge issue: Xiaoli repays for you loan, bank removes guaranty.
Through this a series of after the program, the building below small Wang Ming does not have any jural flaws again change the name of owner in a register of meeting block up, the court adjudicates Xiaowang cooperates Xiaoli to achieve building transfer ownership finally lawfully, both sides achieved building transfer ownership to house property management board according to civil judgment content, twists and turns of classics of small Li Li, took boundless dimension authority route finally.
[the picture comes from a network]
Director: Bureau of judicatory of the Chengdu City
Chief editor: Fu Zetao chief editor: Zhang Ya
