Is the transfer agreement of affordable housing valid?

p？ ┒ ┑ than blinking? what do you think? 65,438+200,000 yuan, Niu delivered the house key to Yang. Yang has lived there since the renovation. With the rising house prices, in 2009, Niu sued Yang to the court, claiming that the agreement between the two parties was invalid and asked Yang to return the house. During the trial, the court formed two views: one view was that the house transfer agreement was invalid because it violated the provisions of Several Opinions of the State Council on Solving Housing Difficulties of Urban Low-income Families and the Measures for the Administration of Economically Affordable Housing, and the transfer agreement also violated the relevant provisions of the Urban Real Estate Management Law, and Yang did not meet the conditions for purchasing economically affordable housing. Another view is that the transfer agreement signed by the two parties is an expression of the true will of both parties, and part of the agreement has been fulfilled as promised. In addition, the agreement was signed in 2005, so the provisions of "Several Opinions of the State Council on Solving the Housing Difficulties of Urban Low-income Families" cannot be applied, and the housing transfer agreement is legal and effective. When the case reached a deadlock, Yang went to Henan MCC Law Firm and asked whether the house transfer agreement was legal and valid. Zhang Yanli and Yang Gang, senior real estate lawyers of Henan MCC Law Firm, replied: 1. Niu and Yang are both persons with full capacity for civil conduct and have the qualification to independently conclude civil contracts. Cattle acquired a house through unit fund-raising. Although he has not obtained the house ownership certificate, he still has the right to sign the house transfer agreement. Niu has actually occupied the house as agreed in the contract, and Niu has the right to enjoy the rights agreed in the contract. Two, the two sides have the true intention to conclude and perform the agreement. Niu has the intention to transfer the house, and Yang's intention to transfer the house is also true. The two parties have reached a house transfer agreement, and have fulfilled the main contents of the agreement: Yang has paid all the house price, Niu has delivered the house, and Yang has been decorating and living in the house since then. 3. The transfer agreement signed by both parties is not invalid. Article 4 of the Supreme People's Court's Interpretation of Contract Law (I) stipulates that after the implementation of the contract law, the court shall confirm that the contract is invalid on the basis of the laws formulated by the National People's Congress and its Standing Committee and the administrative regulations formulated by the State Council, and not on the basis of local regulations and administrative rules. First of all, "Several Opinions of the State Council on Solving the Housing Difficulties of Urban Low-income Families" and "Measures for the Administration of Affordable Housing" do not belong to the scope of laws and administrative regulations and cannot be used as the basis for determining the validity of contracts. Although the Urban Real Estate Management Law belongs to the law, its legislative focus is to strengthen the management of urban real estate, and its legal provisions are administrative mandatory provisions, not effective mandatory provisions. According to Article 14 of the Supreme People's Court's Interpretation of Contract Law (II), the "mandatory clauses" stipulated in Item (5) of Article 52 of the Contract Law refer to effective mandatory clauses, so violation of the administrative norms of the Urban Real Estate Management Law cannot lead to the invalidity of the contract, so the house purchase and sale agreement in this case should be legal and valid. To sum up, the professional legal advice given by lawyers Zhang Yanli and Yang Gang: The house transfer agreement is valid, and the legal and effective agreement should be observed, and the principle of good faith is worth promoting by the whole society! Yang was later entrusted by law, and lawyer Yang Gang represented the lawsuit. After the final trial of the second instance, the court made an effective judgment according to law, and Niu made the house transfer agreement signed by Yang legal and valid.