Job Recruitment Website - Property management - It can't be ignored that the tenant was not informed in time when selling the house.
It can't be ignored that the tenant was not informed in time when selling the house.
Failing to inform the tenant to sell the house in time, the compensation for breach of contract is tens of thousands of yuan.
In 2005, Ms. Li rented a shop in Rudong Haibao Company to do wedding photography business, with an annual rent of 40,000 yuan and a lease term of 8 years. The lease contract also stipulates that if Haibao Company wants to transfer the house, it must notify Ms. Li in writing one month in advance.
In February, when Ms. Li paid the rent, she learned that the house had been sold on March 18, 2006, and had gone through the formalities of property right change registration.
2065438+2004126 October, Ms. Li sued Haibao Company and Binzhou Property Company, which was entrusted to sign a house lease contract with it, to Rudong County People's Court, requesting that the house purchase and sale agreement signed between Haibao Company and it be invalidated and compensate RMB 450,000. However, due to the evaluation in the lawsuit, the difference between the current house price and the then selling price was 3,866,500 yuan, so Ms. Li changed the lawsuit request to 3,866,500 yuan.
The court ruled that Haibao Company, as the lessor, failed to fulfill the obligation of informing when the property right was transferred, which constituted a breach of contract. According to the proportion of liability for breach of contract agreed in the contract, Haibao Company should compensate Ms. Li for 65.438+0.72 million yuan.
In addition, Binzhou Property Company is entrusted by Haibao Company, which has nothing to do with this case, and Wu Mou obtained the property in good faith, and the house purchase and sale agreement is still valid. In response to this result, Ms. Li said that she would appeal again.
Be careful when buying and selling real estate, and you can't ignore the preemptive right.
According to the Contract Law, if the lessor sells the leased house, it shall notify the lessee within a reasonable period before the sale, and the lessee has the preemptive right under the same conditions. However, in real life, in addition to the lessee, some people also enjoy the preemptive right.
1, * * * Someone
According to the regulations, the consent certificate of * * * must be submitted for the sale of all houses in * * *. * * * has the preemptive right under the same conditions. Therefore, if you sell the property of * * * *, you must get the consent of * * * *, or issue the consent of * * * *, otherwise the sales contract will be invalid.
2, the original property unit
According to the regulations, employees purchase public housing and implement the standard price within the standard area stipulated by the state. After buying a house, you have some property rights that you can inherit, or you can sell or rent it in the market five years after buying a house. The original property unit has the priority to purchase rent.
3. The original tenants of the old public houses
Similarly, according to the regulations, when selling old houses, the original tenants also enjoy the preemptive right.
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