What about real estate disputes?

How to deal with real estate disputes? Although house prices continue to rise, most people still give priority to buying a house, which may be the most valuable investment in 2 1 century. Housing is a very important property of citizens. In the process of real estate sale, there are many real estate disputes. What about shared real estate disputes?

How to deal with real estate disputes 1 (1) Both parties to the dispute shall settle the real estate disputes through consultation. Direct negotiation between the two parties is the most common way to solve real estate disputes at present. In view of the violation of their rights in the process of real estate transaction, buyers can communicate directly with the house seller through oral and written forms, point out the problems and discuss solutions.

(II) Disputes over the sale of commercial housing arise from resorting to consumer associations, and individual buyers are in a weak position relative to developers in the process of settlement. Buyers can complain about the disputes over the sale of commercial housing to local consumer associations, which will then mediate and solve the disputes between buyers and sellers.

(3) apply to the competent government department for mediation. In view of the problems existing in the purchased commercial housing, such as inconsistent with the purchase contract, construction quality, delay, property management, false advertising, fees and so on. , property buyers can complain to the local construction committee, planning committee, housing authority, business administration and other relevant government departments and apply for mediation.

(4) In the process of applying to the Arbitration Commission for arbitration of real estate transactions due to the performance of the house purchase contract, the buyer may apply to the agreed arbitration commission for disputes other than administrative disputes that are handled by the administrative organ according to the law, and the arbitration result of the arbitration commission is legally binding on both parties.

(5) If the property buyers cannot solve the real estate disputes through judicial consultation or mediation, they can bring a lawsuit to the local court through judicial channels to solve related problems.

Extended reading of related knowledge: What can be sued for real estate disputes?

Generally speaking, most real estate disputes constitute civil cases, which belong to the scope of acceptance of civil cases by the people's courts, and a few belong to the scope of acceptance of administrative cases. However, some real estate disputes do not belong to the scope of acceptance by the people's courts and should be accepted by other departments. Therefore, before bringing a lawsuit, we must first understand the nature of our own real estate disputes and find out whether they belong to the scope of acceptance of the people's courts, so as to avoid futility.

How to deal with real estate disputes II. The settlement of real estate disputes in the process of purchasing houses can be achieved through negotiation, mediation, arbitration, administration and litigation. Unwilling to settle or mediate, or failing to do so, you may apply to an arbitration institution for arbitration according to the arbitration agreement. If no arbitration agreement has been concluded or the arbitration agreement is invalid, a lawsuit may be brought to the people's court.

What are the types of real estate disputes?

1, deposit dispute

Deposit dispute is a very common type of real estate dispute. When signing a contract, the deposit must be agreed in writing to have legal effect. The agreement of the deposit should be comprehensive, especially the application for deposit refund should be clearly stated. The penalty of deposit is applicable to the contract law. If the buyer fails to perform the debt, he has no right to ask the seller to return the down payment. If the seller fails to perform the debt, it needs to double the deposit to the buyer.

2. One room and two sales disputes

One room and two sales are also common disputes in real estate transactions. Simply put, one room and two sales means that the seller sells the same house to two people. To avoid one room and two sales, we need to pay attention to the following aspects: first, the buyer should ensure that the deposit is given to the seller; Secondly, check the identity certificate and house ownership of the seller, preferably the house ownership certificate; Third, don't pay the house transaction money in one lump sum; Finally, the online signing should be timely.

How to easily dispute when buying a house

First, you must know more before buying a house. A watched pot never boils.

Buying a house can't be done in minutes. It takes a long time from the beginning of choosing a house to the final peace of mind. Therefore, what buyers need is patience, patience and patience!

Second, carefully look at the quality problems when looking at the house.

As long as the house can be sold, there is no problem, but there is a gap between ideal and reality. After all, some people will do anything for their own benefit. Therefore, buyers still can't ignore the housing quality problem.

Third, before buying a house, be sure to check whether the house has five certificates.

If you want your house to have legal status, you must have five certificates. Otherwise, the house you bought is illegal, and you are not at ease living in it. Because some houses do not have legal sales conditions, these documents may not be available.

Often attract buyers with low prices, so buyers must be vigilant. There are many uncertainties in these houses with incomplete procedures. Not only will there be "selling more in one room", but there will also be cases of unfinished business, midway transfer, and delayed delivery. And the risk of property buyers will also increase.

Fourth, finally, property buyers must understand the "three golds" and stay away from disputes.

1, deposit is only a kind of advance payment in law. It is a means of payment for the parties concerned and does not have the nature of guarantee. If the contract is fulfilled, it will only be used to offset the house payment. If it is not fulfilled, it can only be returned in full.

2. The deposit has double legal effect and can be used as a contract guarantee to ensure the performance of the contract; It can also be used as proof of the establishment of the contract. The deposit is punitive, and the party who pays the deposit has no right to demand the return of the deposit if it fails to perform the contract; If the party accepting the deposit fails to perform the contract, it shall double the deposit. The down payment paid by the buyer to the seller shall not exceed 20% of the total house price, and the excess shall not be protected by law.

3. There is no concept of intentional payment in law. The so-called intention money is a guarantee fee charged by the intermediary to the buyers in accordance with the usual practice, and it is not legally binding.

How to deal with real estate disputes? 1. How to deal with real estate disputes?

The house is a harbor, which provides warmth, relieves fatigue and brings peace. However, in recent years, the cases of real estate disputes in China are on the rise year by year. How to protect rights in real estate disputes? After the occurrence of real estate disputes, we can distinguish different situations and solve them through the following channels:

First, the parties have the right to bring a civil lawsuit directly to the people's court for disputes arising from civil acts such as the confirmation, use, sale, lease, pawn and mortgage of the house as the subject matter, as well as disputes over the ownership of the house decoration, decoration, design and ancillary facilities related to the house.

Second, there is a dispute between the demolisher and the demolished because of the compensation and resettlement for the demolition. If the two sides fail to reach an agreement through consultation, it shall be decided by the people's government at the same level that approved the demolition or the competent department of house demolition. If a party refuses to accept the decision, he may bring a lawsuit to the court within 15 days from the date of receiving the ruling.

Third, building houses and allocating the right to use public houses are administrative actions within the unit. Disputes caused by employees' opinions on housing allocation or unreasonable housing allocation are not within the scope of court acceptance and should be resolved by the unit or the relevant administrative department.

Fourth, if the unit allocates the right to use housing to employees and has a housing allocation contract, when the employees leave or resign for their own reasons, or are expelled from the unit, the unit will recover the right to use public houses according to the contract requirements, and the disputes arising therefrom can bring a civil lawsuit to the court.

Fifth, due to improper examination and approval of the building by the relevant departments, which affects the ventilation and lighting of others, or disputes caused by pollution, the parties may apply to the relevant departments for settlement or bring an administrative lawsuit to the court.

Sixth, the administrative organ fails to handle or improperly handle the real estate disputes caused by illegal buildings and the disputes caused by the identification and demolition of illegal buildings. If the parties are dissatisfied, they can file a lawsuit as an administrative case. However, civil disputes such as buying, selling, leasing and mortgage with illegal buildings as the subject matter, as well as adjacent disputes caused by illegal buildings obstructing ventilation and lighting of others, can be brought as civil cases.

2. Is the contract signed by the house buyer and seller valid?

The house purchase and sale agreement signed by both parties, if signed voluntarily by both parties, has legal effect if there is no illegal act.

Article 143 of the Civil Code A civil juristic act is valid if the conditions for its validity meet the following conditions:

The actor has corresponding capacity for civil conduct;

Meaning is truth;

Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

3. What should I pay attention to in real estate litigation?

The following matters should also be paid attention to in real estate litigation:

First of all, according to the principle of "whoever claims, who gives evidence" in the Civil Procedure Law, when bringing a real estate lawsuit, a clear request should be made. Present valid evidence to the people's court around these litigation requests. For example, when claiming compensation from the developer for housing quality problems, it is necessary to submit the purchase contract, the housing quality guarantee provided by the developer, the objective evidence that the housing quality does not conform to the contract and the commitment made by the developer causes property losses to the residents, and so on.

Secondly, if a party refuses to accept the judgment of the court of first instance, he can appeal to the next higher court within 15 days from the date of receiving the judgment; If you are still dissatisfied with the judgment of the second instance, you can file a retrial within 2 years after the final (second instance) judgment becomes legally effective; Or in accordance with the provisions of Article 187 of the Civil Procedure Law, request the procuratorial organ to lodge a protest according to law.

Finally, in order to ensure the smooth execution of the judgment, the parties may apply to the people's court for taking preservation measures against the corresponding property of the respondent according to the provisions of Article 92 of the Civil Procedure Law. In addition, according to the provisions of the Civil Code on the limitation of action, when the parties file a real estate lawsuit, they must file it within the two-year limitation period stipulated by law to avoid losing their litigation rights.

In the traditional concept of China people, the house is very important. After all, you have to have a house, a home and a sense of belonging. And some people just grasped this point, which led to the real estate disputes between the two sides. When dealing with real estate disputes, we need to choose the right way according to different situations, so as to solve the disputes and safeguard our own interests.