Who should I talk to about real estate disputes? Most people will buy a house as long as they have the financial ability and no house to live in. Buying a house is a troublesome thing, because there are many formalities to go through, and disputes are very easy to occur. The following is about who to talk to in real estate disputes.
Who should I consult about real estate disputes? 1 1; Disputes over the confirmation, use, sale, lease, pawn and mortgage of the subject house; In disputes over ownership related to houses, the parties concerned have the right to bring a civil lawsuit directly to the people's court.
2, the demolition and relocation of compensation, resettlement and other disputes, approved by the people's government at the same level of the demolition department or the competent department of housing demolition award.
3 disputes caused by unreasonable housing allocation shall be solved by the unit or the relevant administrative departments.
Matters needing attention in handling real estate disputes
1. Relevant information of the parties to the house sales contract. Fill in the contents of this clause truthfully, especially the ID number, contact address and telephone number. This is the basis for smooth contact between the two sides. When the contact information is changed, the written notice of the change shall prevail. When there is more than one buyer, the proportion of property rights shall be agreed, and one or more of them shall be designated as the contact person.
2. Project construction and sales basis. Check carefully according to the propaganda content of the sales site and fill it out truthfully. It is suggested that both parties agree on the service life of the house purchased by the buyer according to the state-owned land use certificate in the blank line.
3. The basic situation of commercial housing is mainly based on the location, apartment type, area and balcony of commercial housing approved by the planning department.
4. Terms of payment. The time and amount of the down payment, the amount of the remaining house payment and the loan method. If the bank loan cannot be obtained due to the reasons of the buyer or the seller, or the loan obtained is less than the loan amount applied, both parties shall agree on the liability for breach of contract and the solution. Relevant agreement of the seller to provide installment guarantee for the buyer's loan.
5. If the bank loan cannot be obtained or the amount of the loan applied for is less than due to reasons not attributable to both parties, both parties shall separately agree on the specific payment method, without excluding the right to terminate the contract. What should be noted in this clause is that the buyer should master the loan policy of the loan bank in advance to ensure that he meets the loan requirements and avoid being liable for breach of contract.
6, area difference processing. The treatment of area difference mainly refers to the treatment method when there is a difference between the area agreed in the contract and the registered area of property rights with the construction area or interior construction area as the valuation method.
7. Terms of delivery. The "Regulations on Real Estate Development and Management" clearly stipulates the delivery conditions, and the commercial housing delivered for use shall meet the following conditions: the construction project has been accepted according to law and filed with the relevant departments; Supporting infrastructure and public facilities have been built in accordance with the planning and design, and passed the acceptance; Pre-property management has been implemented.
8. Sign the hand-over slip. If the buyer confirms that the delivered house conforms to the legal provisions and the agreement in this contract, and the seller also confirms that the buyer has fulfilled the payment obligations agreed in this contract, both parties shall sign the house handover form.
9. Agreement on liability for breach of contract. The liabilities for breach of contract in this contract mainly include overdue payment, overdue delivery, extension of property right registration, extension of supporting facilities, etc. According to the principle of reciprocity, both parties agree on the compensation standard according to the liability for breach of contract and pay attention to the principle of reciprocity.
10. The terms determined by both parties through consultation have legal effect as long as they do not violate laws and regulations, and both parties must abide by them. If the agreed content is inconsistent with laws and regulations, it shall be handled in accordance with laws and regulations.
Who should I talk to in real estate disputes? 1. Which department should I turn to for real estate disputes?
Disputes arising from housing quality problems can be reported to the local government construction administrative departments, consumer rights protection associations and quality supervision departments; Disputes arising from the sales contract may be brought directly to the people's court or applied to an arbitration institution for arbitration.
Second, the classification of real estate disputes
Real estate disputes: according to their legal nature, they can be divided into civil real estate disputes and administrative real estate disputes.
Real estate civil disputes include: real estate development contract disputes (such as the sale of commercial housing), construction project contract disputes (such as civil engineering, equipment installation and decoration), real estate service contract disputes (such as real estate consultation, evaluation and intermediary), real estate lease contract disputes, property management disputes, other infringement disputes (such as adjacent water use, drainage, lighting and ventilation) and so on.
Administrative real estate disputes include: disputes over land ownership and use rights, which are handled by the relevant people's governments and refuse to bring a lawsuit to the people's court. Demolition and compensation for demolition,
If no settlement agreement can be reached, the housing authority that approved the demolition may bring a lawsuit to the people's court if it refuses to accept it. Disputes over the ownership of forest land and trees between individual citizens, legal persons or other economic organizations shall be handled by the people's government at the county or township level and refuse to bring a suit in a people's court.
Third, how to solve real estate disputes.
Real estate disputes in the process of purchasing houses can be solved through negotiation, mediation, arbitration, administration and litigation.
1, settled through negotiation.
2. Mediation. Mediation refers to a way that, at the application of one party, the real estate management department, consumers' associations or other organizations preside over and persuade and educate buyers and sellers to understand each other and reach a settlement agreement in accordance with the laws and policies on the sale of commercial housing, so that the purchase dispute can be resolved in time.
3. arbitration. Arbitration, also known as arbitration, means that the buyer and the seller voluntarily submit the dispute to the arbitration organ for a binding ruling in accordance with national laws, regulations and local administrative rules before or after the dispute occurs. Arbitration shall not be interfered by administrative organs, social organizations or individuals.
The arbitration commission has no subordinate relationship with the administrative organ. Once the arbitral award is made, it has legal effect, and the arbitral award is final, and there is no question of the parties' appeal. If disputes are to be settled through arbitration, buyers and developers must have an arbitration agreement and voluntarily submit the disputes to arbitration. If one of the two parties is unwilling to submit the dispute to arbitration, then the dispute cannot be resolved in this way.
4. Administrative reconciliation. The administrative handling of house purchase disputes refers to a specific administrative act in which the real estate management authority and other departments where the commercial house is located fail to mediate or reach an agreement, and the parties go back on their word, or the parties to the house purchase dispute directly complain to the administrative department, and the administrative department handles their disputes.
As far as the way is concerned, administrative reconciliation generally goes through two stages: first-level administrative decision and administrative reconsideration. Among them, the first-level administrative decision is the premise and necessary procedure of administrative reconsideration. Administrative reconsideration of real estate cases, including house purchase disputes, shall be conducted in accordance with the provisions of the Administrative Reconsideration Law.
5. Litigation settlement. Litigation settlement of house purchase disputes is a way for people's courts to solve house purchase disputes with the participation of the parties to the dispute and other litigation participants. There are two kinds of house purchase dispute litigation: civil litigation and administrative litigation. Civil litigants are equal civil subjects in house purchase disputes.
That is, the civil litigation of disputes over the purchase of houses by citizens, legal persons or unincorporated organizations shall be tried by the civil court of the people's court (some local people's courts have special real estate courts) in accordance with the provisions of the Civil Procedure Law.
Who should I talk to in real estate disputes? 1. Which department should I go to for the house contract dispute?
1, depending on the type of house bought and sold.
If it belongs to yishoufang, you can find the Construction Bureau, Consumers Association and other departments. If it is a second-hand house, it is better to go through legal procedures through the court.
2. According to the types of contract disputes
If there are legal disputes in the contract itself, you can not only bring legal proceedings or arbitration, but also claim compensation from the management departments in related fields, and solve the dispute by determining which responsible party is bound by the contract.
For example, in the sale of commercial housing, the developer is directly responsible for the contractual relationship with the buyer. The buyer can directly seek the developer to provide a solution to the housing problem or the contract itself, and at the same time can initiate a complaint to the local consumer association as a consumer to mediate disputes.
If the content and form of the contract are legal, the contract disputes caused by other problems can be solved by the responsible subject of the dispute, such as construction engineering problems, property management problems, false advertising problems, etc., and the demand for solving disputes can be put forward to the local planning commission, housing management bureau, industrial and commercial administration bureau and other governments.
Second, the general way to resolve disputes over housing sales contracts
1, both parties negotiate.
The first is direct consultation between the two sides. In civil law, equal subjects carry out civil activities based on the principle of freedom and equality, which is also the most common way to solve real estate disputes. For example, Article 13 of the Interpretation of Commercial Housing Sales Contract stipulates: "There are serious quality problems in the house, which affect the normal living and use.
The buyer's request to terminate the contract and claim compensation for losses shall be supported. "In real estate transactions, when there is a dispute over the sales contract, buyers and sellers or developers can communicate directly through oral or written means, put forward existing problems and discuss solutions.
2. Complain to the Consumer Association
Help consumers association. Generally speaking, buyers are at a disadvantage relative to developers, so when disputes arise, buyers will suffer a little more. Therefore, when there is a contract dispute, buyers can seek help from local consumers' associations, and use them as an intermediary to mediate, deal with problems and resolve disputes.
3. Apply for legal arbitration
When the current two methods are ineffective, you can apply to the Arbitration Commission for arbitration. However, the premise of applying for arbitration is that both parties have an arbitration agreement. In case of dispute, the injured party may apply to the Arbitration Commission according to the arbitration clause in the house purchase contract or the arbitration agreement signed by both parties, and the arbitration result of the Arbitration Commission is legally binding on both parties.
4. institute legal proceedings
The last way is legal proceedings. Property buyers can't solve disputes through negotiation, mediation or even arbitration, so they have to bring a civil lawsuit to the local court through judicial channels to solve the problem, but the settlement amount must be the goal.
Housing contract disputes belong to civil cases. Generally, if the two parties fail to negotiate, they can go to the people's court with jurisdiction to bring a lawsuit. Contract dispute cases mainly take the contract as legal evidence and compensation basis. If the circumstances are not serious, the people's court will mediate between the two parties first.