First, keywords: commercial housing, commercial housing pre-sale contract, developers
1. Typical case:
In July 2009, Lao Li signed a pre-sale contract for commercial housing with a real estate company, stipulating that Lao Li would buy the house developed by the company, with a total amount of more than 300,000 yuan. When Lao Li applied for a loan, he found that due to the incomplete pre-sale procedures of the real estate company, the bank could not handle the mortgage loan, so Lao Li never paid the remaining 200,000 yuan. On April 20 10, Lao Li got the house key and actually lived in the house, but the property right certificate was never processed. After investigation, the real estate company did not obtain the house pre-sale permit, and the real estate company went through the formalities while building. Later, due to the government's standardization and strict management of the real estate development market, the follow-up procedures could not be handled. 20 17 The real estate company sued to confirm that the contract was invalid and asked Lao Li to return the house. Lao Li argued that the developer failed to perform the contract but sued to confirm that the contract was invalid, which violated good faith. The reason why the loan cannot be processed should not be attributed to individuals. Whether the buyer has a pre-sale permit is not an obligation, so he does not agree with the developer's application.
2. The Court ruled that:
After trial, the court held that the commercial housing sales contract signed by the real estate company and Lao Li violated the mandatory provisions of the law and should be invalid. If this case deals with the check-out problem together, it will inevitably lead to Lao Li's obligation to vacate the house first, and whether the real estate company can fully fulfill the judgment when returning the house payment and compensating for the losses is also related to the protection of Lao Li's basic right to exist as a natural person. To sum up, in view of the fact that Lao Li has purchased and used the house involved for many years, it is appropriate to deal with the return of the house involved together with other consequences after the contract is invalid, and the request of the real estate company to return the original property is temporarily not supported.
Second, understand the main points of the law
1. Why was the pre-sale contract of commercial housing signed by Lao Li confirmed invalid?
Although the land where the house involved is located has handled the construction land planning permit and the state-owned land use permit, it has not handled the construction project planning permit and the pre-sale permit of the house involved. In this case, the court confirmed that the contract involved was invalid according to the provisions of Article 2 of the Interpretation of the Supreme People's Court on the Applicable Law in the Trial of Disputes over Commercial Housing Sales Contracts.
2. What are the legal consequences of an invalid contract? Article 58 of the Contract Law stipulates (Article 157 of the Civil Code also has similar provisions) that after the contract is invalid, the property obtained from the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. Therefore, the house acquired by Lao Li due to the contract should be returned, and the developer should also return the purchase price of Lao Li and compensate the corresponding losses. Considering that although Lao Li didn't verify that the developer's "undocumented" was also at fault, the developer undoubtedly bears the main responsibility for the uneven license, and he didn't compensate Lao Li, so this case does not support the developer's claim to vacate the house.
3. What "five certificates" do developers need to review when buying a house?
The five certificates of construction personnel include construction land planning permit, construction project planning permit, building construction permits, state-owned land use permit and commercial housing pre-sale permit. In the process of purchasing commercial housing, in order to avoid the contract being deemed invalid, it is necessary for consumers to carefully verify the developer's "five certificates" to avoid losses.