【Date】 2003.04.28
issued timeliness】 【effective
implementation date】 【Key Words】 【2003.06.01
113302200301
expiration date】 【Category】 【Content
economic contracts
Supreme People's Court issued units】 【
【Number】 Supreme (2003) 7,
Supreme People's Court on the trial case law applicable to real estate contract dispute Interpretation of Several Issues
(2003 年 3 月 24 by Supreme Court Judicial Committee meeting, adopted 1267, from June 1, 2003 effective)
is correct and timely real estate contract dispute cases heard under the \, \
first
real estate sales contracts referred to in this interpretation, refers to the real estate development enterprises (hereinafter referred to as seller) will not yet completed or completed housing to the community sale and transfer of home ownership to the buyer , pays the price.
second seller commercial sale without a permit, and the buyer entered into a sales contract, it should be invalidated, but before filing a lawsuit to obtain pre-sale permit, can be considered valid.
third
commercial sales advertising and promotional material for the solicitation of an offer, but the seller on the real estate development planning within the housing and related facilities, instructions and promises made to determine the specific,
belstaff jackets, and entered into a contract for the sale of commercial housing, and housing prices have a significant impact identified, should be considered an offer. The note and promised to real estate sales contracts even if not loaded, nor should be regarded as the contracts, the parties violated, it shall be liable for breach.
Article
seller by subscription, order, book, etc. To the buyer receives the deposit as a guarantee of real estate sales contracts entered into, if for reasons not made a party real estate sales contracts, should be in accordance with the provisions of the law on deposit; due to causes not attributable to the subject matter of both parties, resulting in failure to enter into real estate sales contracts, the seller shall return the deposit the buyer.
Article
commercial subscription,
belstaff jacket, ordering, booking and other agreements have \ received a mortgage in accordance with the agreement, the agreement should be identified as real estate sales contracts.
Article
parties to real estate sale contract is not in accordance with the laws and administrative regulations for registration procedure on the grounds, the request to confirm the contract null and void, not support it.
The parties agree to go through registration formalities for the entry into force of the sales contract, their agreement, but if one party has performed its principal obligation, unless the other party to accept.
Article
demolition demolition in accordance with the exchange in the form of ownership to make compensation and resettlement agreement, specifying the location of the demolition order, uses specific to the demolition of housing to be compensation and resettlement, if the compensation and resettlement housing demolition be sold to a third person, who requested the demolition of housing priority in obtaining compensation and resettlement should be supported.
request to lift the demolition compensation and resettlement agreement, in accordance with this interpretation of the provisions of Article VIII.
Article VIII of the following circumstances, the purpose of leading real estate sales contracts can not be achieved, can not get the buyer may request to terminate the contract of housing, the return of buyers paid money and interest, damages , and may request the seller paid to purchase shall take no more than twice the liability.
(a) real estate sales contracts entered into after the buyer and the seller failed to inform the mortgage to a third party;
( b) of the real estate sales contracts entered into, the seller and the house sold to a third person.
Article IX
seller real estate sales contracts entered into when one of the following circumstances, result in the contract is invalid or revoked, the lifting, the buyer may request the return of paid purchase money and interest, damages, and may request the seller to buy a house take no more than twice the compensation paid to the responsibility:
(a) intentionally concealed to obtain pre-sale permit is not specified facts or provide false pre-sale permit;
( ii) deliberately concealing the fact that sale of houses has been secured;
(c) the sale of houses have been deliberately concealed sold to a third party or for the fact that compensation and resettlement housing.
Article
buyer to the seller and the third malicious collusion, entered into a separate real estate sales contracts and housing delivery, leading to the ground unable to obtain housing, request to confirm the seller and the third person to enter into the real estate sales contracts null and void, should be supported.
Article XI of the transfer of possession of housing, as housing delivery, unless otherwise agreed by the parties.
housing damage, the risk of loss, before the delivery by the seller, after delivery by the buyer ; buyer received the seller submitted a written notice rejected without justification, housing damage, the risk of loss from the written notice submitted to determine the date of delivery by the buyer, but unless the law or unless otherwise agreed by the parties.
Article XII of the main structure due to substandard housing can not be delivered, or delivery of housing, the housing quality of the main structure indeed by the verification failed, the buyer requests to terminate the contract and compensation for losses, should be supported.
Article XIII
the housing quality problems seriously affect the normal residential use, the buyer requests to terminate the contract and compensation for losses, should be supported.
Delivery of housing quality problems, the warranty period, the seller should bear the responsibility for repair; seller refused to repair or repair within a reasonable time delay, the buyer is free to or entrust others to repair. Repair costs and repair other damage caused during borne by the seller.
Article XIV
seller
delivery kit floor area of housing and real estate sales contracts or construction area does not match the agreed area of the contract have agreed, in accordance with the agreed processing; contract not prescribed or not clear, according to the following principles:
(a) the area of error than the absolute value of less than 3% (3%), according to the contract price and truly settled, buy the subject of the request to terminate the contract, not to support;
(b) the area of error than the absolute value in excess of 3%,
belstaff leather, the buyer requested to terminate the contract,
belstaff jackets sale, return of purchase money and interest paid and should be supported. The buyer agreed to continue the contract, the contract is greater than the actual area of housing area, the area of error than the 3% or less (including 3%) of the 房价款 the agreed price by the buyer make up the area of error than out of 3% borne by the seller Fangjiakuan part, the property of the buyer; housing area is less than the actual contract area, the area of error than the 3% or less (including 3%) of the return by the seller and interest Fangjiakuan the buyer, an area of more than 3% error than some of the 房价款 double the return of the buyer by the seller.
Article XV
under the \ within a reasonable period of three months has not fulfilled the request to cancel the party, should be supported, unless otherwise agreed by the parties.
law does not stipulate or the parties not agreed, after being urged by the other party, the reasonable exercise of right of cancellation period of three months. Not summon the other party, the right of cancellation shall occur in the right of cancellation within one year from the date of exercise ; overdue does not exercise the right of cancellation eliminated.
Article XVI
parties agreed liquidated damages to the request to reduce the high ground, shall be liquidated damages resulting from loss of more than 30% of the standard appropriate reduction; the parties to less than the agreed liquidated damages on the grounds requested increase, the loss should default to determine the amount of liquidated damages.
Article XVII
real estate sales contracts are not agreed amount of liquidated damages for the loss or method of calculating the amount of liquidated damages or the damages can be determined with reference to the following criteria:
; late payment, in accordance with the total amount of outstanding purchase, with reference to the provisions of the People's Bank of China's financial institutions, interest on past due loans to the standard calculation.
late delivery of housing, in accordance with the late delivery of housing during the competent authorities concerned or a qualified real estate evaluation institutions with lots of similar assessment criteria to determine rents.
Article XVIII of the reasons the seller, the buyer failed to obtain in the following expiration of the certificate of housing ownership, unless the parties have a special agreement, the seller shall be liable for breach of contract Responsibility:
( a) real estate sales contracts for the agreed period of registration of home ownership;
(b) of the real estate contract for the sale of the subject matter is not yet built housing, Since the housing delivery within 90 days;
(c) real estate sales contracts have been completed for the subject matter of housing, since the conclusion of the contract within 90 days.
contract is not agreed amount of liquidated damages or difficult to determine, in accordance with the total amount paid for purchase, with reference to the provisions of the People's Bank of China's financial institutions, interest on past due loans to the standard calculation.
Article XIX
agreement or contract for the sale of commercial housing, \, due to the reasons for the seller, the buyer can not apply for home ownership led to the registration, the buyer requests to terminate the contract and compensation for losses, should be supported.
Diershitiao
seller and the underwriters entered into commercial underwriting contract, the seller agreed to underwrite the development and construction of housing by people with the name of the seller sales, underwriting limit, no sales of houses, by the Underwriter in accordance with the underwriting contract price of purchase, unless otherwise agreed by the parties.
Article
a seller have agreed to sell its own people by the Underwriters underwriting the housing, the underwriting of people requesting the seller pay for the damages, should be supported, unless otherwise agreed by the parties.
Twenty-two
real estate sales contracts for the buyer and the seller because of disputes, the people's court shall notify the underwriters who participate in the proceedings; seller, underwriter and the respective rights and obligations of the buyer of a clear agreement,
belstaff panther jacket, in accordance with the agreed content of the proceedings to determine the status of the parties.
Twenty-three real estate sales contracts
agreement, the buyer to secure payment of loans, made for commercial reasons are not party to the contract and lead to real estate secured loan transactions contract can not continue to perform, the other party may request to terminate the contract and compensation for damages, because not attributable to the subject matter of the parties failed to enter into contracts and real estate secured loan lead real estate sales contracts can not continue to perform, the party may request to terminate the contract, the seller buy a house should be received by the principal and interest or return of the deposit the buyer.
Twenty-four
real estate sales contracts are recognized due to invalid or revoked, discharged, resulting in real estate secured loans can not achieve the purpose of the contract, the parties request to lift real estate secured loan contract, should be to support .
Twenty-five
to secure loans for the payment of real estate contract for the sale of real estate sales contracts either party requests confirmation invalid or revoked,
outlet belstaff, terminate the contract, if the security right person as an independent third party claim made the claims, should be secured loans with real estate contract dispute joinder; not made the claim, and only deal with real estate contract dispute. Secured loans secured on real estate contract dispute be sued, and can be tried in combination with the real estate contract dispute.
real estate sales contracts are recognized invalid or revoked, removed, the real estate secured loan contract has been discharged, the seller shall and home purchase loans received by the principal and interest shall, respectively, the return of the security right and the buyer.
Twenty-six
real estate secured loans the buyer fails to repay the loan contract, nor the owner and security for real estate mortgage registration, guarantees the right to prosecute the buyer, the request action under the contract for the sale of commercial housing rights of the buyer the contract, it shall notify the seller participate in the proceedings; Secured and prosecuting the seller, if the contract seller to provide guarantees for real estate secured loans, it should be listed as a co-defendant.
second seventeen
real estate secured loans the buyer fails to repay the loan contract, but has been made in housing ownership certificate and the right people with the security for the real estate mortgage registration procedures, the mortgagee requests the buyer to repay the loan, or to the housing priority for repayment of the mortgage, the seller should not be added as a party, but unless the seller provides a guarantee.
The present interpretation of the twenty-eighth
since June 1, 2003 shall come into force.
\
\ Retrial decision process, not applicable to the interpretation.
\ Several cases of real estate development and management questions answered>. \
Belstaff Trialmaster dealer
Linear Mode
