Don't worry, the loss can still be compensated.
According to Article 58 of China's Contract Law, after the contract is invalid or cancelled, 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. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear their respective responsibilities.
If the buyer doesn't know that the house he bought is an illegal building, the buyer is a bona fide third party in law, and naturally there is no fault and he should not bear the responsibility; The Seller shall refund the house price paid by the Buyer and compensate the interest calculated according to the benchmark interest rate of the People's Bank of China for the same period from the day after payment to the date of payment.
For example, on May 8, 2000/KLOC-0, Tan sold an illegally built house to Wang for 25,000 yuan, but did not tell Wang that the house was illegally built. After the contract was signed, Wang paid the house price and asked Tan to pay the house. Tan then vacated the house, but did not handle the house transfer procedures with Wang. After Wang repeatedly asked Tan to handle the house transfer procedures, Tan used various excuses to evade. On June 5438+1October 65438+April, 2005, Wang sued the court for canceling the house sales contract with Tan because he failed to go through the legal formalities for the house many times. According to the law, the sale of illegal buildings should be deemed invalid. Therefore, the house sales contract between Tan and Wang is invalid. Before buying a house, Wang didn't know that the house he bought was illegal. Therefore, the court ruled that Tan returned the house payment and interest to Wang, and Wang compensated for the loss.
On the other hand, if the buyer knows the illegality of the house and is at fault, he should bear the losses caused by it.
Another example: On June 2, 2000, two bungalows built by him were sold to Tan for 6600 yuan, and it was stated in the contract that the house was unlicensed and illegal. In case of unified planning or requisition of the whole city, it shall be relocated unconditionally and shall not be resold. Although Tan knew that the house was an illegal building, he still bought it because the price was obviously low. A few years later, the house was demolished by the relevant departments. Because it was an illegal building, it was not allowed to implement property rights and did not compensate the price. Tan Sui appealed to the people's court, demanding the return of the purchase price. Because the subject matter bought and sold by both parties is an illegal building, neither Tan nor Tan has the right to dispose of it, so the house sale between Tan and Tan is invalid. If it is obtained and used knowing that it is an illegal building, it shall return the purchase price, and Tan shall bear the corresponding civil liability.
Friends, buying a house is a major event in life. Everyone must be careful. Don't draw water with a sieve. The following are tips for buying a house:
1. Illegal buildings cannot be bought or sold, nor can property buyers buy illegal buildings for petty gain. Finally, the contract may be invalid, which may lead to the risk that the purpose of buying a house will be defeated.
2. For the sale of houses without real estate license, the buyer needs to pay special attention to the legality of house construction, that is, whether the seller has government approval documents such as planning permit and construction permit, otherwise the contract may be invalid.
3. For the sale of houses with illegal buildings, the buyer may be sued to the court to apply for termination of the contract on the grounds of fraud and obviously unfair. This right shall be counted from the date when the buyer knows or should know that the house is fraudulent or the house belongs to illegal construction.
(The above answers were published on 20 17-02- 17. Please refer to the current actual purchase policy. )
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