Case study of property community

I accidentally signed the notice of occupancy, so the court sentenced me.

Keywords: house sale, contract performance, delivery, breach of contract

1. Typical case:

On 20 18, Huang signed a garage sales contract with the developer. Hou Huang paid the full price as agreed in the contract. On 20 19, the developer issued a notice of occupancy to Huang, asking Huang to contact the property to handle the handover procedures. Huang also signed the check-in notice. Later, the developer issued a garage invoice and handled the garage property registration procedures for Huang. Contrary to expectations, due to a dispute between the community industry Committee and the property, the entrance of the underground garage in the community was closed, and Huang could not use the car garage normally. So he sued the developer to the court, demanding that the developer deliver the garage and compensate the liquidated damages for overdue delivery.

2. The Court ruled that:

After trial, the court held that the transfer of ownership of the house was regarded as the delivery of the house, unless otherwise agreed by both parties. In this case, the developer has issued a notice of occupancy to Huang, and Huang's signature should be regarded as the transfer of recognized possession. The developer also handled the garage property registration formalities for Huang, so the developer has completed the delivery obligation. Huang asked the developer to bear the responsibility of overdue delivery, which was unfounded in the law. In addition, as the owner of the garage, Huang Can claimed rights from the relevant infringers, because the garage entrance was closed and could not be used. In summary, the judgment rejected Huang's claim.

Second, understand the main points of the law

1. What is the delivery standard? In practice, disputes caused by unclear delivery and use agreements of houses are not uncommon. The seller thinks that the delivery is completed by turning over the key, while the buyer often advocates that the delivery should not only get the key, but also work normally. In this regard, Article 8 of the Interpretation on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that the transfer of possession of the house shall be regarded as the delivery of the house, unless otherwise agreed by the parties. Therefore, in the absence of special agreement, "turnkey" can be regarded as fulfilling the obligation to hand over the house.

2. What is the legal significance of the occupancy notice? According to the above provisions, the occupancy notice is the direct evidence that the developer has fulfilled the obligation to hand over the house. Signing the occupancy notice, that is, receiving the house, can generally be considered as an approval that the developer has fulfilled the obligation to hand over the house and the house can be used normally.

3. How can I seek relief if I don't have the conditions to hand over the house? First of all, you can't sign the occupancy notice at will; Secondly, you can refuse to get the house key and keep the on-site audio-visual materials as evidence; Finally, protect your legitimate rights and interests through legal channels in time. Generally, there are two kinds of remedies to choose from: one is to advocate the developer's liability for breach of contract for overdue delivery; Second, when the real estate license was issued, he claimed damages from outsiders based on other legal relationships. For example, in this case, Huang can claim compensation from the infringer as the owner.