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In the house dispute, the other party changed the door lock privately.
First, how to deal with housing disputes?
1, negotiation, the parties should discuss the dispute first;
2. If negotiation fails, request mediation;
3. If you are not satisfied with the mediation result, you can bring a lawsuit to the court;
4. If the parties sign an arbitration agreement or arbitration clause, they may apply for arbitration.
Second, how to avoid housing property disputes
Understanding housing property rights is a "compulsory course", and only houses with clear property rights can be listed and traded smoothly. To prevent real estate disputes, we must first determine whether the specific property rights of the house are restricted.
1. Are there any restrictions on property transactions? If there are problems such as being mortgaged, involved in litigation, being included in the scope of demolition, the nature of land use right being collective or allocated, belonging to residential buildings, etc. , can not be listed and traded. For example, public houses produced by military industry, hospitals and schools must be sealed by the original property unit before transfer, and most of these units do not allow their employees to sell their houses to the outside world.
2. The lessee has the preemptive right. Under the same conditions, the lessee has the preemptive right, so he must get a written commitment not to buy a house, or wait until the lease relationship is over before buying a house.
3. Pay attention to the restrictions on the use of the house. People who buy a house for self-occupation don't have to care about this, but if they are going to buy a house for business or office, they should pay attention to the restrictions on the use of the house on the property certificate. If the house can't be used for office, you can only look at the "house".
4. The cost of housing reform has not been made up. Before 1998, many employees bought the houses of the original property units at preferential prices or standard prices. Therefore, if you buy a public house that was originally purchased at a preferential price and a standard price, then it is necessary to confirm whether the house has made up the cost at the cost price. According to the relevant regulations, when the housing reform houses purchased at preferential prices and standard prices are listed, the difference between the standard price and the cost price should be made up first.
5. Citizens can't buy houses with collective land. According to the national policy, farmers can only build houses on collective land in their hometown and cannot sell them directly to urban residents.
6. Rural property houses (also known as small property houses) need the approval of the state, and only when the nature of land changes from collective to state-owned can land acquisition and development be carried out in the secondary market. Nowadays, many houses in urban villages attract urban residents to buy at lower prices, claiming that they can apply for real estate licenses. In fact, such real estate licenses are issued by rural collectives and do not have the conditions for listing and trading. Once such houses encounter disputes or demolition problems, it is difficult to protect the rights and interests of buyers.
7. A house without a real estate license for a long time. If the house has been purchased for many years, the owner only has the purchase contract and invoice, but does not apply for the title certificate. This kind of property is likely to be unable to apply for the title certificate because of the developer's problems.
At this time, the buyer should ask carefully whether it is because the owner is unwilling to pay taxes or there are other problems in the house, which makes it impossible to apply for a permit.
In addition, at the same time when the house sale transaction is completed, the buyer should ask the seller to assist him to handle the house transfer formalities in the housing management department in time to prevent the seller from breaching the contract due to the rising house price and bringing unnecessary trouble to the buyer.
In practice, when people buy houses, especially second-hand houses, disputes over property rights may occur. Because housing property rights are very important to buyers, buyers should know how to protect their rights when there is a dispute over housing property rights. In the process of safeguarding rights, the most important thing is to collect evidence.
Legal basis;
People's Republic of China (PRC) Civil Code
Article 186 If a party breaches the contract and damages the personal rights and property rights of the other party, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort.
Article 233 Where a property right is infringed, the obligee may settle it through conciliation, mediation, arbitration and litigation.
Contract law of the people's Republic of China
Article 128 The parties may settle a contract dispute through conciliation or mediation.
If the parties are unwilling to settle or mediate, or the settlement or mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration agreement. The parties to a foreign-related contract may apply for arbitration to an arbitration institution in China or other arbitration institutions according to the arbitration agreement. 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.
Article 216 The lessor shall deliver the lease item to the lessee as agreed, and keep the lease item in line with the agreed purpose during the lease period.
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