Can residential parking spaces only be sold to owners?

With the improvement of living standards, more and more families own cars, and the increase of vehicles has brought the trouble of parking spaces. But can parking spaces only be sold to the owners of the community? Many customers want to hand over the parking spaces together when choosing the apartment type, and give their cars a harbor to park. So parking spaces can only be sold to owners? Can parking spaces be resold?

With the improvement of living standards, more and more families own cars, and the increase of vehicles has brought the trouble of parking spaces. But can parking spaces only be sold to the owners of the community? Many customers want to hand over the parking spaces together when choosing the apartment type, and give their cars a harbor to park. So parking spaces can only be sold to owners? Can parking spaces be resold?

2 065438+On September 5, 2003, Du Nan reported the policy intention of Guangzhou to recover the land transfer fee of the sold underground parking spaces. Southern Reporter visited and found that many properties in Guangzhou actively promoted parking spaces, and some customers were also promoting parking spaces, but some owners who had previously intended to buy began to wait and see with money. A related person of a brand real estate enterprise said that the demand for parking spaces in the community is in short supply, and the sales volume will not be affected, but the price of parking spaces is likely to be pushed up, and some bubbles in the real estate industry will be transferred to the parking space market. They hope to sell the parking space as soon as possible, and paying the land transfer fee has nothing to do with the developer, which will save a lot of things.

However, there is no coincidence. It soon became controversial. 201On June 9, 2004, Chen purchased the above parking space from the owner of the community, and both parties signed a house purchase contract. The contract stipulated that Chen agreed to purchase the parking space at No.51in Building 4 of Meixin Emerald Mingting, Qinghe East Road, Shiji Town, Panyu District, with a construction area of 1 1. Before the signing of the Contract, Chen had paid the subscription deposit of 65,438+00,000 yuan, and the subscription price of the property was 66 800 yuan. Chen should pay the full house price of 56 800 yuan before October 28th, 2065,438+00,65,438 438+ 10, and sign the Commodity House Purchase and Sales Contract; If Chen fails to pay the above related money on time, the deposit he has paid will be used as compensation for breach of contract and will not be refunded by the community owner. Chen must pay a penalty of 0.5 ‰ of the total construction price to the community owner on a daily basis. If the contract is not signed within 30 days, the community owner has the right to sell the unit separately, and the house payment paid by Chen will not be returned; Delivery time: within one month from the date of signing the commercial housing sales contract. In the lawsuit, Mr. Chen has always had a question in his heart. Can parking spaces only be sold to owners?

As for the reason why the two parties could not sign the commercial housing sales contract, Mr. Chen said that after the two parties signed the subscription contract, the community owner told Chen that the non-community owner could not buy the parking space in the community involved, so he refused to sign the commercial housing sales contract with Chen. Chen Mou bought the parking space involved in the lawsuit only after seeing the advertisement broadcast by the community owner on TV, and he also clearly told the community owner that Chen Mou was not the community owner, but the community owner still signed the subscription contract with Chen Mou, so the responsibility for not signing the commercial housing sales contract should be borne by the community owner. The community owner said that in June and July 2009, the land department issued a supplementary notice on the sale of parking spaces, clarifying that parking spaces could not be sold to non-community owners, that is, although the community owners knew that non-community owners could not buy parking spaces before signing the subscription contract, after consulting Panyu District Land and Resources Bureau, the staff of the bureau informed the community owners that they could sell them, so the community owners sold the parking spaces involved to Chen Mou, but after signing the subscription contract with the community owners in Chen Mou. As a citizen, Chen Youyi understands the laws and policies of the country. Therefore, it is also wrong for Chen to buy the parking space involved when he knows that he is not the owner of the community involved. Residential owners should not double the deposit to Chen. "Can parking spaces only be sold to owners?" Obviously.

So, can parking spaces only be sold to owners? The people's court held that: (Guangzhou Panyu real estate lawyer, this paragraph is worthy of attention:) the owner of the community is the owner of the parking space involved and enjoys the legal right to dispose of the parking space. The subscription contract signed by Chen and the owner of the community is the true intention of both parties, and its content does not violate the mandatory provisions of laws and regulations. It should be a legal and valid contract, which is legally binding on both parties. At present, Chen and the community owners cannot continue to sign commercial housing sales contracts in accordance with the purchase contract. The owner of the community said that it was because the land department stipulated that the parking spaces involved should not be sold to non-community owners, and confirmed that the above regulations were clearly known before signing the purchase contract with Chen. The court held that community owners, as real estate developers, should be familiar with and abide by the laws, regulations and national policies related to real estate development and sales. The community owner knows that the parking space involved cannot be sold to non-community owners, but he still signed the Purchase Contract with Chen. Now he does not continue the real estate transaction with Chen on this ground and should bear the corresponding liability for breach of contract.

Therefore, we visited the relevant legislative departments, and they clearly pointed out that the owner's * * * right includes the right to distinguish the building parts from the public * * * places, sites and supporting facilities within the building division; * * * Have roads and parking spaces * * * Have rights; Legal right to use supporting parking spaces and garages in building zoning.

According to Article 74 of the Property Law of People's Republic of China (PRC), the parking spaces and garages planned for parking cars in the building area should first meet the needs of the owners; In the building division, the ownership of planned parking spaces and garages shall be agreed by the parties through sale, gift or lease. The Property Law does not stipulate that parking spaces and garages can only be sold to owners. The appellant appealed that the Intermediate People's Court refused to accept the parking space involved because the land and housing management department stipulated that it should not be sold to non-owners, and there was no evidence to prove it. In addition, even if the national laws, regulations and policies change, it is also a legal risk, not a force majeure category. The appellant asked for exemption on this ground, and the Intermediate People's Court did not support it. From this perspective, the answer that parking spaces can only be sold to owners is yes. The appellant failed to sign a commercial housing sales contract with the appellee as agreed in the contract, which constituted a breach of contract. The Appellee asked the Appellant to bear the liability for breach of contract agreed in the contract, which was in line with the contract, and the Intermediate People's Court supported it. The appellant's appeal reason is not sufficient, and the Intermediate People's Court does not support it.

From this perspective, parking spaces can only be sold to owners? The answer is yes. Therefore, when we choose a parking space, we should directly explain the situation to the property management, go through the relevant procedures and formally explain it. Can parking spaces only be sold to owners? The answer to this question is clear. The law only recognizes the rights of owners who own parking spaces. We need to be more careful when facing this problem in the future, so as not to bring unpleasant experiences.