Case 1
The homeowner was restricted from trading.
The sale of second-hand houses is "yellow"
2065438 On March 19, 2003, he signed a house sales contract with Li, agreeing to purchase a commercial house on Chaoyang Road for 315,000 yuan. Subsequently, Chen paid Ali a deposit of 95,000 yuan and the house payment as agreed in the contract. But when they entrusted an intermediary company to handle the transfer procedures, they learned that Li also had an affordable house under his name. According to the regulations of the Nanning Municipal Government, Li belongs to the restricted trading group before the affordable housing goes through the listing procedures.
I want to own my own house as soon as possible, but Li’s house cannot be transferred, and the two sides are in a stalemate. In March this year, Li sued Li to the Xingning District Court of Nanning City, requesting the termination of the contract. Li returned the deposit of 95,000 yuan and the house payment, and paid liquidated damages of 95,000 yuan as agreed.
Li was a little panicked after being fined so high. But Li believes that it is not his fault that the house cannot be transferred. He said that he did not know that his property in Jiangnan was an affordable housing because the property rights of the house were blank. He did not know that the Nanning Municipal Government stipulated that the owners of affordable housing must go through the listing and transaction procedures before they can trade other properties. The reason why his house could not be transferred was because of the policies of the Nanning Real Estate Bureau, not because he deliberately failed to cooperate. The house involved in the case was actually delivered to Chen in accordance with Chen's request. Chen should not have suffered any losses. The liquidated damages of 95,000 yuan was too high.
Regarding Li’s statement, the court held that my country’s affordable housing must meet certain conditions and go through relevant procedures before it can be purchased. It can be inferred from this that Li should know the fact that he does have an affordable house in his name. The direct consequence of this fact is that it is difficult to actually perform the house sales contract in this case, and it is still impossible to go through the house transfer registration procedures.
The court also held that judging from Li’s active cooperation in handling the transfer procedures, Li was indeed sincere in selling the house. However, it has been more than a year since Chen paid the house payment, and the factors restricting the transfer of the house in the lawsuit have not been lifted, and the time for lifting the restrictions is also uncertain. As a result, the court ruled to terminate the house sales contract between the two parties, and the 95,000 deposit and house payment should be returned. As for liquidated damages, Li had no intention of breaching the contract. The court ruled that Li should pay liquidated damages of 5,000 yuan.
Case 2
The transaction was stranded due to fraudulent purchase of affordable housing.
The seller was ordered to double the deposit.
"I looked at his real estate certificate and land certificate and knew that he was selling affordable housing. After I paid a deposit of 20,000 yuan, I went to check the files. I didn't expect something would happen." He mentioned that he was selling affordable housing for two years. Ayu (pseudonym), who lives in Yulin City, was miserable when buying a house in the past.
Ayu said, 2065438 In August 2002, she took a fancy to Fu's house in Nanning Community through an agency. The house was bought in 1997 and is an affordable house. Although the house is old, the price is relatively affordable, with a total price of 315,000 yuan. Fu also took out the real estate certificate and land certificate, which already complied with the relevant regulations on listing and trading of affordable housing in Nanning City. After discussing it with her lover, she decided to buy it. After signing the contract, she paid a deposit of 20,000 yuan. Subsequently, she paid various fees such as the land use right transfer fee, deed tax, and personal income tax as agreed. After completing these procedures, when Ayu went through the transfer procedures with the intermediary company, she was told by the real estate department that because Fu provided false identification when applying to buy a house, the house would be repurchased by the government and could not be transferred.
She was dumbfounded, which meant that she paid a deposit of 20,000 yuan, and all taxes and fees of 18,000 yuan were handed over to Shui Piao. Ayu negotiated with Fu, who said it was not his fault that the transfer was not possible and refused to refund the deposit.
In desperation, in May 2013, Ayu and his wife sued Fu to the Jiangnan District Court of Nanning City. The Ayu couple believed that Fu had breached the contract and required both parties to return the deposit of 40,000 yuan and pay her various expenses of 18,000 yuan.
In this regard, Lawyer Fu said that the house cannot be transferred due to objective factors. The housing registration agency believed that he had identity issues when purchasing the house and refused to transfer the property. He bought the house as early as 1997 and lived there for 18 years. No other third parties have disputed ownership of the home. When he signed the sales contract, he had every reason to believe that there would be no obstacles to the transfer of the house. He did not refuse to transfer the title in bad faith. As for whether he violated the rules when buying the house and whether the government bought it back, there is no opinion yet. Therefore, he did not breach the contract. The tax paid by Ayu is only 1,000 yuan, which cannot be refunded. Others can withdraw, and she is willing to cooperate, so Ayu's loss is not that big.
The court confirmed after investigation that when Fu applied for affordable housing, his declared age did not match his actual age, which constituted a fraudulent purchase. The Nanning Municipal Affordable Housing Construction Management Center will handle the matter as follows: the Municipal Housing Security and Real Estate Administration Bureau will take back the house and return the original sales amount to the buyer based on the original purchase price.
The court therefore held that the payment for all the houses was a fundamental breach of contract because the information provided at the time of purchase was untrue, preventing the transfer of ownership. Due to Fu's fundamental breach of contract, Ayu's purpose of purchasing a house was in vain. Ayu's request for a double return of the deposit was legally valid and supported by the court. Because the double return of the deposit was enough to compensate for Ayu's losses, the court rejected Ayu's request for compensation. Although she won the lawsuit, it took two years and left Ayu and his wife exhausted.
Reminder
There is affordable housing under your name.
Belongs to a restricted trade group
It is understood that affordable housing is a national policy welfare housing for low- and middle-income groups. Since its introduction, there have been certain conditions in the system. However, in the past, because the housing registration information was not connected to the Internet, there was a phenomenon of buyers buying affordable housing despite having commercial housing or other welfare housing in their name. Liu, deputy director of the Xingning District People's Court of Nanning City, told reporters that in the future, there will be fewer and fewer people who do not meet the conditions to buy affordable housing in Nanning City. Because the housing registration information in Nanning is currently online, relevant departments are gradually clearing and buying back these unqualified affordable housing.
To buy affordable housing, buy affordable housing first, and then buy commercial housing as conditions improve. As long as there are no problems with commercial housing, can buyers still buy such second-hand houses with confidence? Judge Liu said that although this type of group cannot be considered as fraudulently buying affordable housing, Nanning City has restrictive regulations on transactions for people who own both commercial housing and affordable housing. According to Article 9 of the "Nanning Municipal Government's Notice on Standardizing the Management of Affordable Housing" (Nanfufa [2065 438 00] No. 66): "Before withdrawing from affordable housing or paying the relevant price difference to obtain full property rights, the municipal housing security department House buyers should be included in the restricted registration housing information system and restricted from registering other house ownership.” This also means that those who have affordable housing under their names can only sell other properties under their names after exiting the affordable housing or paying the price difference as required to complete the full ownership procedures.
As a buyer, how to avoid similar disputes? Judge Liu suggested that before buying a house, in addition to checking the property ownership certificate and other written documents of the house sold by the seller, the buyer can himself or entrust an intermediary company to check the registration status of the house under the seller's name with the real estate department. Understand the relevant policies and whether the house for sale is a restricted property. Before deciding whether to buy the property, find out the situation.
Pan Guangwei, a public interest lawyer from the readers’ lawyer group of this newspaper, also suggested that before signing a sales contract, buyers should go to the real estate bureau with the seller to inquire about the property information in the seller’s name, including whether the transaction house is mortgaged, seized, Property rights restrictions such as demolition. At the same time, the sales contract should stipulate relevant details, such as payment time, delivery time, tax burden, liability for breach of contract, etc. It is recommended that the buyer should not give the seller too much money before transferring the property to avoid greater losses when encountering traps.
News 1 1: A case makes you understand "deposit" and "deposit"
Liang Xiao and Xiao Wei plan to get married at the end of this year and want to buy a wedding room.
On May 14, Liang Xiao and Xiao Wei signed a subscription agreement with an energy investment company and paid a deposit of 20,000 yuan. Liang Xiao and Xiao Wei said that before signing the subscription agreement, the salesperson told them that the house could be delivered before February this year. I learned that the delivery time is December 31, 2015. Because the delivery time was too late and did not meet their original wedding date, they went to the sales department to request a refund of 20,000 yuan, but they were refused. The two sides then went to court. On October 20, 2018, the Liangqing District Court ruled in the first instance that the developer could not prove that it had informed Liang Xiao and Xiao Wei of the specific delivery time and should return the 20,000 yuan deposit.
(The above answer was published on 2015-06-27. Please refer to the actual situation for the current home purchase policy.)
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