Core tips
A couple from other places worked hard in Shanghai for many years and felt that they had met the requirements for buying a house in Shanghai, so they signed a contract to buy a second-hand house. Unexpectedly, after the couple paid the down payment, the intermediary found that his wife Xiao Jing's social security had been interrupted for 4 months, so it was still restricted. Therefore, in order to repay the high down payment, the couple had to file a lawsuit with the Qingpu District People's Court in Shanghai.
Buying a house is blocked by social security payment.
Xiao Qiang and Xiao Jing are a couple who have worked hard in Shanghai for many years. Xiao Qiang felt that Xiaojing's social security payment finally met the conditions for foreigners to buy a house in Shanghai, so he decided to buy a house in Shanghai.
In advance, Xiao Qiang went to the social security center to inquire and found that Xiaojing's accumulated social security payment time had met the conditions for buying a house. Then, the couple got a second-hand house through an intermediary. Xiao Qiang and Xiaojing successively signed the Intermediary Agreement and the Shanghai Real Estate Sales Contract with the landlords Xiaoyu and Xiaohua, stipulating that the house area is 70 1 m2 and the house transfer price is 2.2 million yuan. Xiao Qiang and Xiao Jing made a down payment of 660,000 yuan (including deposit 1.54 million yuan), and the remaining 654,380 yuan+0.54 million yuan was paid by bank loans.
Network mapping
Who knows, the intermediary called Xiao Qiang and Xiaojing the next day, because Xiaojing suspended the payment of social security for four months, which was not in line with the policy of Shanghai real estate purchase restriction on foreigners paying social security continuously.
More than a month passed. Seeing that the intermediary failed to help him solve the problem of purchase restriction, Xiao Qiang took the initiative to contact the intermediary with Xiaoyu and Xiaohua to discuss the blocked purchase, but the three parties failed to negotiate. Then, Xiao Qiang sent a notice of rescission to Xiaoyu and Xiaohua, demanding that the real estate sales contract signed by both parties be rescinded, and demanding that Xiaoyu and Xiaohua return the purchase price of 660,000 yuan within five working days after receiving the notice. However, Xiaoyu and Xiaohua did not take any action after receiving the notification letter, so Xiaojing and Xiaohua sued Xiaoyu and Xiaohua to the court, demanding that the contract be terminated and the purchase price be returned to 660,000 yuan.
Compensate 60,000 yuan as penalty.
During the trial, Xiao Yu and Xiao Hua agreed to terminate the contract, but they thought that the contract could not be continued because of Xiao Qiang and Xiao Jing. Therefore, according to the contract, they should deduct 440,000 yuan from the total contract price of the other party and only return 220,000 yuan.
The court found that Xiao Qiang and Xiao Jing had inquired about the payment of social security in the social security center before buying a house. Judging from the printed social security payment bill, they did meet the purchase conditions that the social security payment should be over 60 months. Xiao Qiang and Xiaojing, as ordinary buyers, have fulfilled their reasonable duty of care, and there is no subjective intention to hide from Xiaoyu and Xiaohua that they do not have the conditions to buy a house.
In the end, the court ruled that the real estate sales contract between the two parties was terminated. Although the contract could not be performed due to the plaintiff's reasons, the plaintiff had no subjective intention, and the contract did not stipulate this. According to the real estate market since the signing of the contract, the actual performance of the contract, the expected performance income and other factors, Xiao Qiang and Xiaojing compensated Xiaoyu and Xiaohua at their discretion, and deducted them when Xiaoyu and Xiaohua returned the house payment. After the verdict, neither party appealed.
Take a case as an example
Now more and more foreigners want to live in Shanghai, and the first thing they need to face when buying a house in Shanghai is to meet the conditions for buying a house in Shanghai.
According to the Opinions on Further Improving the Housing Market System and Security System in Shanghai to Promote the Stable and Healthy Development of the Real Estate Market, which came into effect on 20 16, the time limit for non-Shanghai registered households to pay personal income tax or social security when buying a house is more than 2 years from the first 3 years from the date of purchase, and it is adjusted to 5 years or more before the date of purchase. It will take more than 3 years for commercial housing purchased by enterprises to be listed and traded again. If the transaction object is an individual, it shall be implemented in accordance with the Shanghai purchase restriction policy.
Wang Shanshan
Further reading: How to buy insurance, which is good, and teach you how to avoid these "pits" of insurance.