What are the cases of real estate sales disputes?
Introduction: In 2007, the plaintiff Ning signed a contract with the defendant Qiu, and the plaintiff bought a house of the defendant. After the contract was signed, the plaintiff paid a deposit of 20,000 yuan as agreed in the contract. The property right stated in the real estate license belongs to the defendant and his wife. After the defendant obtained the red property right certificate, all the property rights of the property belonged to the defendant. After receiving the deposit, the defendant wrote to the plaintiff, claiming that the sales contract was invalid because his wife didn't agree, so she didn't want to perform the contract any more. The plaintiff stopped paying the house price after receiving the letter.
The court ruled that the sales contract was valid, the defendant breached the contract, and paid the plaintiff a penalty of 55,000 yuan for delayed performance. In the lawsuit of this case, the defendant put forward three opinions: first, the house sales contract is illegal, so the contract is invalid; Second, the house belongs to the husband and wife, and if the wife does not agree to sell it, the sales contract is not established; Third, if the plaintiff fails to pay the down payment on time, it will be regarded as a breach of contract. These three points are the focus of disputes between the two parties in this case, and they are also typical problems that are easy to appear in disputes over real estate sales contracts.
What are the ways to deal with real estate disputes?
In daily life, real estate disputes arising in the process of buying houses can be resolved through negotiation, mediation, arbitration and litigation.
1, mediation, refers to the buyers and sellers who have a house purchase dispute. When the two parties fail to resolve the dispute through negotiation, one party, with the help of the real estate management department, consumer associations or other organizations, will persuade the two parties to understand each other and reach a settlement agreement according to the laws and policies on the sale of commercial housing, so that the purchase dispute can be resolved in time.
2. Arbitration refers to the agreement reached by the buyer and the seller before or after the dispute occurs, and the two parties voluntarily submit the dispute to the arbitration organ for binding ruling according to national laws, regulations and local rules. Arbitration is not interfered by organs, social organizations and individuals, and there is no subordinate relationship between the arbitration commission and the organs. Once an arbitral award is made, it has legal effect and the arbitral award is final.