I. Incomplete Five Certificates
Case:
Mr. Zhang has worked in Beijing for many years, but he has not yet obtained the qualification to buy a house in Beijing, so he decided to buy a house in the surrounding area of Beijing. When he bought a house in a new house sales office around Beijing, he did not check whether the developer had "five certificates". Later, the new house bought by Mr. Zhang could not be completed because of the incomplete five certificates.
Analysis:
Real estate developers selling commercial housing in the real estate market must meet certain conditions, and go through various procedures for the sale of commercial housing in the real estate management department in accordance with relevant regulations. The necessary "five certificates" refer to the state-owned land use certificate, construction land planning permit, construction project planning permit, construction permit, commercial housing pre-sale permit or commercial housing sales permit.
Second, the project acceptance is unqualified.
Case:
Ms. Sun bought a new house in other places, signed a purchase contract with the developer and paid the house price. She is going to take her parents from her hometown to live in a new house together. However, developers have built new houses, but they have been slow to deliver them, let alone deliver them. Later, she learned that the new house built by the developer had not passed the completion acceptance of the relevant departments.
Analysis:
There are quality problems in the new house. If you can't pass the acceptance of the relevant government departments, you won't have the conditions to hand over the house and you won't be able to do it. According to Article 16 of the Regulations on Quality Management of Construction Projects, construction projects can only be delivered after passing the inspection. Only after the acceptance, the developer can deliver the house to the buyer. At the same time, in the purchase contract, "housing quality problems" will be agreed. If the quality of the house is unqualified, such as the foundation sinking and cracks in the load-bearing wall, the buyer has the right to terminate the contract, and the developer should bear the corresponding liability for breach of contract.
Third, illegal construction.
Case:
Some media reported that many years ago, a house was built on the original planned green space of a residential area in Wuhan. Seeing that the number of houses is increasing day by day, some owners in the community are in a hurry. They filed a lawsuit in the local court, demanding that the developer stop building on the green land.
Analysis:
Developers should build houses according to the original plan. Developers change their plans without authorization, and it is impossible to obtain housing books. As long as it does not belong to the exclusive part of the owner, nor to the places and facilities owned by the municipal public parts or other rights holders, it belongs to all the owners of the community, and the developer shall not change the use at will. Otherwise, the owners can bring a lawsuit to the court to safeguard their legitimate rights and interests.
Four. Failure to pay relevant taxes and fees
Case:
Miss Su bought a new house in another place, but it was impossible for a long time. After communicating with the relevant personnel of the developer, Miss Su learned that she had not paid all the relevant taxes and fees for the above-mentioned houses.
Analysis:
When buying a new house, the buyer has to pay the relevant taxes. However, in the actual transaction, a small number of property buyers forget to pay taxes, or pay less taxes and fees, resulting in the inability to run the house. This kind of situation is relatively common and easy to solve, and it is usually enough to make up the taxes and fees.
Five, the use of fake qualifications to buy a house
Case:
According to media reports, a couple in Shanghai just gave birth to a daughter last year and decided to buy a fourth suite and get a fake divorce. It turned out that the couple decided to buy a house near a prestigious school because they wanted their daughter to be admitted to a prestigious school in the future. However, laws and regulations in Shanghai prohibit couples who already own three suites in Shanghai from buying a new house as a family. They want a fake divorce to buy a house.
Analysis:
To buy a new house in a restricted city, buyers must have the corresponding purchase qualifications. And some people who do not have the qualification to buy a house, in order to buy a new house, use fake divorce, do fake certificates and other methods. Once it is found out in the new house transaction, it will be impossible to obtain the household registration book.
(The above answers were published on 20 17-02- 17. Please refer to the current actual purchase policy. )
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