Be in our country, the buying and selling to rural house all the time since existing a lot of controversy, because of it unlike town house is built by development business euqally, rural house is by the farmer he is built, so a lot of people are in doubt: Rural house after all can buying and selling? Whether does the farmer have punish right to his building? So, a lot of people undertook law seek advice in the light of issue of rural house business, specific introduction looks below.
One, what does issue of rural house business have?
1, the dispute that the bargainor sues
Much performance is the dispute that the bargainor sues: The bargainor belongs to a proof without building right, its with inferior value farming room betrays the member that be not this collective economy to be organized, be like town dweller, but as house price rise at full speed, the drive of the interest makes a bargainor unwilling try at a few prices at that time to call in the building gains profit again. Accordingly, the bargainor often is disobeyed with business contract " contract law " for the 52nd regulation, namely of lawbreaking, administrative regulations mandatory formulary contract is invalid contract, request court affirms building business contract is invalid.
2, the dispute that buyer sues
The issue that buyer sues is specific for for: Because rural house does not have property right card, or property right of only villages and towns, accordingly, after business contract is signed, without deal with according to law change the name of owner in a register of manage building property right is registered or buyer acquires building property right inside the deadline in contract agreement. Together with, at present file of sex of a few policy prohibits selling rural house to town dweller, then buyer is sued to the court, the requirement affirms business contract is invalid, return by the bargainor still buy house fund, or request bargainor pays corresponding penalty due to breach of contract to wait.
3, other the issue that concerns with farming house business
Not direct expression is this kind of dispute business contract dispute. For example, farming room couplet is built is the farmer gives the ground commonly, other is contributive will build a house jointly, the building of foster cordial relations between countries talks things over by both sides undertake allocation appropriately.
2, how is issue of rural house business solved?
1, controversy both sides talks things over directly is the commonnest approach that settles estate dispute at present
Trade in the light of house property right of the oneself in the process gets the circumstance of enroach on, the person that buy a house is OK with oral, written wait for a variety of forms and building sale to just be communicated directly, point out the problem is consultative settle way.
2, appeal to generate controversy at purchase and sale of house of consumer society commodity
In solving a process individual the person that buy a house and development business posture are weaker than be in situation, the person that buy a house can complain dispute of commodity house purchase and sale at local consumer society, appeal consumer society has problem of mediation, processing to the buyers and sellers of dispute of purchase and sale of relevant commodity house.
3, to the government director branch applies for to apply for to mediate processing
Not agree with with the contract that buy a house in the light of what what buy commodity house existence, consign of construction quality, delay, property management, false advertisement, collect fees wait for a problem, the person that buy a house but to include a place to build committee, program committee, room to be in charge of the relevant government such as bureau, industrial and commercial management to director branch is complained and apply for mediation, processing.
4, apply for the arbitration to arbitral committee
Estate trades the dispute besides the administrative controversy that the legal provision that appears in the process should have handling by the executive authority, compare what buy room contract so to fulfill wait for a problem, the person that buy a house is OK also the arbitral agreement that signs separately according to the arbitral clause of the contract that buy a house or both sides applies for to arbitral committee of the agreement, the arbitral result of arbitral committee all has a few relevant sanction of law to bilateral party.
5, adopt approach of forensic administration of justice
The person that buy a house is passed talk things over, the estate dispute problem with inextricability mediation, can adopt judicatory approach, solve relevant problem to local court to lodge a complaint.
Small stick person: When the person that buy a house is choosing to settle the way of estate dispute, should base oneself upon at solving a problem, distinguish different law, interests, and do not cause bring a case to court to contend for.
Above content is small make up what arrange to everybody to seek advice from content to explain about the law of issue of rural house business, in real life as a result of particular case different, the specific means that issue of rural house business solves also can differ somewhat, above content also consults for everybody only.
