What case does the house sales contract dispute belong to? Disputes over housing sales contracts belong to civil economic disputes. Although the sale of houses also involves the profit of one party, it is essentially a single process. Then, what is the situation of the housing sales contract dispute?
What case does the house sales contract dispute belong to? 1 1. What case does the house sales contract dispute belong to?
Disputes over housing sales contracts belong to economic disputes. According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes,
Article 8 In any of the following circumstances, if the purpose of the commercial housing sales contract cannot be achieved, the buyer who cannot obtain the house may demand to terminate the contract, return the paid house purchase price and interest, and compensate for the losses, or demand the seller to bear the compensation liability not exceeding twice the paid house purchase price:
(1) After the commercial house sales contract is concluded, the seller mortgages the house to a third party without informing the buyer;
(2) After the commercial housing sales contract is concluded, the seller sells the house to a third party.
Article 9 When the seller concludes a contract for the sale of commercial housing, the contract is invalid or cancelled or dissolved under any of the following circumstances, and the buyer may demand the return of the paid house price, interest and compensation for losses, or may demand the seller to bear the compensation liability of not more than twice the paid house price:
(a) deliberately concealing the failure to obtain the pre-sale permit of commercial housing or providing false pre-sale permit of commercial housing;
(2) Deliberately concealing the fact that the house sold has been mortgaged;
(3) Deliberately concealing the fact that the house sold has been sold to a third party or that the house has been demolished for compensation and resettlement.
Article 10 If the buyer requests to confirm that the commercial housing sales contract concluded between the seller and the third party is invalid on the grounds that the seller and the third party have maliciously colluded to conclude another commercial housing sales contract and delivered it for use, it shall be supported.
Second, the characteristics of housing sales contracts
As a special sales contract, the house sales contract points out that the seller delivers the house, transfers the ownership to the buyer, and the buyer pays the price. The legal characteristics of housing sales contracts have both the general characteristics of sales contracts and their own inherent characteristics. This is mainly manifested in:
(1) The seller transfers the ownership of the house sold to the buyer, and the buyer pays the corresponding price;
(two) the housing sales contract is a paid contract;
(3) The subject matter of the house sales contract is immovable property, and the ownership transfer registration must be handled;
(4) The house sales contract is a major legal act stipulated by law.
A house sale contract is a contract in which one party transfers the ownership of the house to another party and the other party pays the price. The party that transfers ownership is the seller or the seller, and the party that pays the price to obtain ownership is the buyer or the buyer.
The sale of houses is a civil act. After the signing of the contract, any party disputes the amount of house purchase and sale, which is an economic dispute case. In this case, both parties can renegotiate the objection clause in the contract. If negotiation fails, it shall be handled according to the house sales contract signed by both parties before.
What case does the house sales contract dispute belong to? 2. What is the dispute about the house sales contract?
This is an economic dispute. Economic disputes, including contract disputes and rights disputes, belong to the first category-contract disputes.
Economic contract disputes, such as sales contract disputes, loan contract disputes, contract disputes, construction project contract disputes, technology contract disputes, etc. All belong to this category; For example, intellectual property rights (such as patent rights and trademark rights) infringement disputes, ownership infringement disputes and management rights infringement disputes are all infringement disputes.
Once such disputes occur, their legitimate rights and interests can be protected from damage through litigation, arbitration and administrative reconsideration.
Second, what are the precautions to avoid disputes over housing sales contracts?
1. See if there is a pre-sale permit: just go to the real estate management department to verify the authenticity of the pre-sale permit. If there is no pre-sale permit for external sales, there are hidden dangers and unsafe factors when purchasing.
2. Look at the nature of the land in the contract: Although the land of many development projects is for sale now, because it is comprehensive or commercial and residential, the land service life is not 70 or even 40 years.
3. Look at the purpose of the house: Now some houses for sale are the same as houses, just used as apartments. At present, the definition of apartment is not very clear, so we should be very careful when buying a house for our children.
4. Property can not be ignored: when signing a commercial housing contract, a property service contract will be signed with the previous property company. Because the relationship between the developer and the previous property company is generally close, the reputation of the property company and many agreements in the property contract should also be carefully read.
5. Agreement between garage and basement or attic: When signing the contract, sometimes the developer will promise to give the owner a garage or storage room or attic. These agreements must be written into the contract, and verbal promises are often frustrated because of insufficient evidence.
6. Agreement on area: This is the most controversial situation at present, mainly because everyone thinks that after signing the contract, the area gap exceeds 3% and there is no need to pay, which is actually wrong. If there is an agreement with the developer here, it shall be in accordance with the agreement first, and if there is no agreement, it shall be in accordance with the regulations. Developers often make an agreement with property buyers when signing contracts, and the agreement is based on the area issued by qualified surveying and mapping departments.
What case does the house sales contract dispute belong to? 3. What is the dispute over the sales contract?
Disputes over sales contracts belong to economic disputes. According to the provisions of the Civil Procedure Law, contract disputes are civil cases, generally disputes arising from property relations or personal relations between the parties to a contract. Once such disputes occur, their legitimate rights and interests can be protected from damage through litigation, arbitration and administrative reconsideration.
Disputes between consumers and merchants arising from commodity quality, payment or delivery methods, time limit requirements, counterfeit and shoddy products and other related issues in the sales contract are civil disputes and may be submitted to a people's court with jurisdiction for judgment.
A contract legally established in accordance with the principle of performing obligations under a contract is legally binding on the parties. The parties shall perform their obligations as agreed, and shall not alter or terminate the contract without authorization.
Contracts established according to law are protected by law. When settling a contract dispute, the parties may settle the contract dispute through conciliation or mediation. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit in a people's court. The parties shall perform legally effective judgments, arbitral awards and conciliation statements; Refuses to execute, the other party may request the people's court for execution.
Civil disputes refer to social disputes (disposability) with civil rights and obligations as the content between equal subjects, which is the sum of legal norms dealing with personal relations and property relations between equal subjects, so all acts that violate this concept will cause civil disputes. Civil disputes are divided into two parts: one is about property relations, and the other is about personal relations. Its solution mechanism includes self-help, social relief and public relief.
Second, what is the most effective way to deal with contract disputes?
There are many ways to solve contract disputes. Negotiation, mediation, arbitration and litigation are the four most common ways to deal with contract disputes, among which litigation is the most effective and legally effective choice.
The settlement of contract disputes mainly takes the following forms:
1, settled through negotiation. If there is a dispute between the two parties who sign the contract because of the contract-related issues, they need to negotiate on the principle of equality first and find a solution agreed by both parties. In case of contract disputes, we can't procrastinate passively, nor can we take drastic or even illegal measures to deal with them. Lawyers for contract disputes suggest that it can save a lot of manpower and material resources to negotiate on the principle of equal consultation and find a suitable solution without affecting future cooperation.
2. Mediation. If the two parties to the contract cannot resolve the dispute through mediation, they can explain and persuade the two parties to the contract dispute under the residence of a third person, so that the two parties can reach a settlement agreement, thus solving the contract dispute.
3. arbitration. Both parties to a contract dispute cannot resolve the dispute through consultation. In case of dispute, it can be settled in accordance with relevant regulations or through agreement with the parties and bronze drum arbitration. If you decide to settle the dispute by arbitration, you must pay attention to three issues: (1) arbitration period. (2) Arbitration institutions and jurisdiction. (3) Arbitration effect.
4. Litigation settlement. Litigation settlement is the most effective way to deal with contract disputes after negotiation fails. If the contract dispute cannot be resolved through negotiation, or if you are worried that the agreement reached through negotiation has no legal effect, you can directly choose litigation to solve it. In the course of litigation, the court will judge the problems of both parties to the contract dispute according to relevant facts and evidence. The verdict of the court is legally binding. If the other party fails to execute the judgment, it has the right to apply to the court for compulsory execution.
To sum up, buying and selling is a civil act. After the signing of the contract, any party disputes the performance of the contractual obligations or the agreed contents and terms, which are all economic disputes. In this case, the two parties can negotiate the differences in the contract again. If no agreement can be reached through negotiation, it needs to be handled according to the house sales contract signed by both parties before.