Lawyer Xiong of Beijing Dacheng (Nanning) Law Firm answered:
1. What should the developer do if he doesn't give the real estate license?
(1) claim damages.
According to Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Applicable Law in the Trial of Disputes over Commercial Housing Sales Contracts, if the buyer fails to obtain the property ownership certificate at the expiration of the following period due to the seller's reasons, the seller shall be liable for breach of contract unless otherwise agreed by the parties:
(a) the registration period of housing ownership agreed in the commercial housing sales contract;
(two) the subject matter of the commercial housing sales contract is the unfinished house, 90 days from the date of delivery of the house;
(3) The subject matter of the commercial housing sales contract is the completed house, which is 90 days from the date of conclusion of the contract.
If there is no liquidated damages stipulated in the contract or the amount of loss is difficult to determine, it can be calculated according to the total amount of house purchase money paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.
(2) Request to terminate the contract
According to Article 19 of the Interpretation of Commercial Housing Sales, if the application for obtaining the certificate is overdue for one year due to the seller's reasons, the buyer may request the termination of the contract and require the seller to bear the liability for breach of contract after the termination of the contract. In other words, if the developer fails to apply for the real estate license in accordance with the purchase contract for more than one year, then the buyer can request to cancel the purchase contract and ask the developer to compensate for the losses.
Lawyer Xiong added:
Second, how do buyers apply for real estate licenses?
According to the Administrative Measures for the Registration of Urban Housing Ownership issued by the former Ministry of Construction, the obligee should apply to the real estate management department for the registration of housing ownership, and the seller should cooperate. However, when the obligee handles the real estate license, he often finds that some key materials for handling the real estate license are in the hands of developers or house sellers, and developers or sellers are often too lazy to provide materials or do not have them at all, thus causing disputes.
In order to solve these contradictions, the Regulations on the Management of Urban Real Estate Development and Operation has made the above new provisions: the registration of housing rights should be applied by the relevant parties at the same time, and the applicant's identity certificate, housing ownership certificate and materials to prove the transfer of housing ownership should be submitted when applying for registration. Since the house ownership certificate of the purchaser before purchasing the house is in the hands of the developer or the seller, this provision actually shows that the developer or the seller should bear more obligations when handling the real estate license.
Therefore, the law stipulates that it is the developer's obligation to cooperate with the buyer to handle the real estate license. If the developer deliberately refuses to cooperate, you can take legal measures to force him to fulfill his legal obligations.
In addition to the cooperation of property buyers and developers, many developers will stipulate in the purchase contract that they will handle the real estate license on their behalf and charge a certain fee. Developers can ask buyers to sign a power of attorney entrusting them to handle the real estate license in addition to the purchase contract, and agree to hand over the deed tax and public maintenance fund to the developers before moving in. Property buyers can reject this unreasonable practice of developers, so as to reduce their own risks and increase the burden and risk of property buyers.
Lawyer Xiong reminded:
To sum up, if it is because of the developer's reasons that the owner can't apply for the real estate license, then the buyer can ask the developer to compensate for the loss or even cancel the purchase contract. These things are simple to say, but once you go to court, it is not easy. I suggest that you can entrust a professional real estate lawyer to provide legal help for yourself.