House prices are rising and houses are appreciating. It stands to reason that Mr. Fang, who has several houses in his hand, should be happy, but yesterday he came to the site of the "looking for a lawyer" consultation activity of Modern Express, telling his troubles to lawyers and asking for advice. It turns out that although the house has appreciated, the sale of real estate has brought him a lot of trouble. The readers who came to the scene yesterday accounted for most of the legal problems about real estate.
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I'm in trouble when all three suites are handled.
Mr. Fang, a citizen of Nanjing, came to the "Please Lawyer" activity site for consultation yesterday with a sad face. "Everyone says that there is a good room, but I have encountered endless troubles." Mr. Fang said. Under the inquiry of Yang Yang, a lawyer from Jiangsu Gao Law Firm, Mr. Fang described the troubles he had encountered in handling three houses in the past five years.
The house has been transferred, but the house has not been handed over. Who owns the rent?
On July 30, Mr. Fang just got rid of his old father's appearance room. However, when he came home with the last money he received, he was immediately questioned by his father because he was missing 4600 yuan. What's going on here? It turned out that Mr. Fang's facade room was originally rented. In order to make room for the buyer as soon as possible, he also deliberately filed a lawsuit with the tenant and lost some money to send him away in advance. However, when the house was handed over to the buyer that day, the buyer said that although the house was not handed over, the property right had been transferred for more than a month, and the rental income of 4,600 yuan during this period should belong to him.
Mr. Fang said: "I want to ask, is the buyer's request reasonable?" In this way, I can also answer my father. "
Yang Yang said that the buyer's request is reasonable. "According to the property law, when a house is transferred, the property right belongs to the other party, and the income generated by the property right naturally belongs to the property owner." Yang Yang said, however, the property has not been delivered, and the buyer does not actually own the property right, so how to distribute the income during this period is controversial in practice.
Yang Yang reminded Mr. Fang that in case of similar situation in the future, it is best to make a corresponding agreement in the contract, and who will own the rental income before the house is handed over, so that there will be no disputes.
Developers can't fix vulnerabilities. What should I do?
Mr. Fang's second suite was a villa he bought two years ago. Because of the water leakage, he has not applied for the real estate license and has not checked in. "I have been looking for developers many times, and they said to repair it for me, but it has not been repaired well. What should I do? " Mr. Fang said. Yang Yang gave Fang some advice. In this case, on the one hand, you can ask the developer to repair it until it is watertight, or you can claim compensation from the developer after repairing it yourself.
I sold my house four years ago, but now I haven't got the balance. Can I go back on my word?
Mr Fang also has a resettlement house. Four years ago, he sold the house to others without obtaining the property right certificate, and the remaining 6.5438+0.9 million yuan was not paid until the property right certificate was completed. "But now that the house price has gone up, can I not sell the house, or ask the other party for interest of 6.5438+0.9 million yuan?" In response to Mr Fang's query, Yang Yang said that the sales contract signed by both parties was valid. If Mr. Fang doesn't sell the house, it will constitute a breach of contract. He not only has to pay liquidated damages, but also may have to compensate the other party for the appreciation of the house. And 6.5438+0.9 million yuan was paid after the property certificate was agreed, so there is no interest. "However, you can negotiate with the other party and give you appropriate compensation in consideration of rising house prices." Yang Yang advised Mr. Fang.
(The above answers were published on 20 16-08-0 1. Please refer to the actual situation for the current purchase policy. )
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