At the end of Changsha, many judges put forward ideas for disputes over house purchase contracts.

At the end of the year, more and more customers have returned to Hunan Real Estate. Recently, many Changsha citizens have complained about disputes, and developers or properties have chosen to shirk. How to avoid being fooled when signing a house purchase contract and how to effectively resolve disputes has always been a hot topic.

The judge said that throughout the commercial housing sales contract cases, disputes are concentrated in five types of reasons. In view of the existing risk points, property buyers should pay attention to four aspects.

There are five reasons for the controversy.

First, the developer delayed the delivery. The developer stopped work or postponed for some reason and failed to deliver on schedule. The buyer sued the developer for paying overdue liquidated damages, or asked the developer to hand over the house and compensate for the loss of not being able to hand over the house on time, or confirmed that the contract was invalid and returned the purchase price.

Second, the developer fails to perform or fails to perform the obligation of assistance in time. After the developer handed over the house, because the land use procedures were illegal and failed to pass the acceptance, the purchaser could not obtain the real estate license as scheduled. The buyer sued the developer for breach of contract, handled the house ownership certificate and paid liquidated damages.

Third, the developer's propaganda of housing facilities is not true. After the developer delivered the house, the supporting facilities were far from the advertising. The buyer sued the developer for breach of contract, demanding to terminate the contract and bear the liability for compensation.

Fourth, fluctuations in housing prices and policy changes have caused buyers to default halfway. It often takes some time from the signing of the contract to the actual performance. When the transaction price falls, some buyers for investment purposes are unwilling to continue to perform the contract.

Fifth, property buyers file lawsuits for housing quality defects. There are quality defects such as leakage, hollowing and cracks in commercial housing, and buyers can ask developers to fulfill their repair obligations. However, some property buyers often fail to reach an agreement with developers when they put forward rectification requirements beyond the contract or compensate for losses.

There are four points to keep in mind when buying a house.

In view of the existing risk points, City No.1 Intermediate People's Court suggested that buyers should pay attention to four aspects.

First of all, carefully review the terms of the sales contract and related supplementary agreements. In particular, it involves important terms such as delivery conditions, delivery time, issuing time, and conditions for paying liquidated damages.

Second, when suing the developer for quality improvement, it is necessary to complete the procedures of closing the house in accordance with the terms of the sales contract and put forward rectification opinions. Otherwise, you will face the risk of losing the case.

Third, on the issue of house handover, acceptance and quality, try to keep the written evidence materials when negotiating with the developer, which will play a certain role in the litigation of the buyer's burden of proof.

Fourth, buyers should make a preliminary estimate and judgment on the real estate market before buying a house, and know the relevant policies and regulations, down payment ratio and personal credit information in advance to avoid being unable to fulfill their contractual obligations due to fluctuations in house prices or policy regulation.

There are quality problems in the house, and the contents not agreed in the contract are not supported.

On April 24th, 20 13, we signed a commercial housing sales contract with Xingshi Company, stipulating that Xingshi Company would deliver the pre-sold houses before October 30th, 2014 10. If it is overdue, it will bear the liquidated damages of four ten thousandths of the paid house price. In addition, both parties have written the details of house decoration into the contract. In case of breach of contract, both parties shall bear their respective responsibilities.

2065438+0165438 On October 29th, 200412004, Zeng made an inspection of the house after receiving the notice of repossession, and found that there were six problems in the house, including the exhaust duct on the first floor, stairs, windows in guest rooms and the installation of kitchen water heaters. Since then, Xing's company has rectified related issues, but it has not met Zeng's requirements.

After the prosecution, Xingshi Company was required to compensate the plaintiff for various losses of 397,347.9 yuan, including 202,347.9 yuan for breach of contract due to maintenance and rectification.

The court of first instance held that the plaintiff's request for installing exhaust pipes, stairs, windows of guest toilets and water heaters on the first floor had no contractual basis, so it did not support the plaintiff's request that "the rectification fee should be paid if it was not rectified". As for the liquidated damages for late delivery, because the house delivered by the defendant meets the delivery conditions stipulated by law and there are problems in the house that need to be rectified, it belongs to the scope of house quality warranty, not overdue delivery, and it is not supported.

He refused to accept the judgment and appealed to the No.1 Intermediate People's Court. The facts ascertained by the First Intermediate People's Court in the second instance were consistent with those of the first instance, so the appeal was dismissed and the original judgment was upheld.

(The above answers were published on 20 16- 12-28. Please refer to the actual purchase policy. )

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