3 15 special session on buying a house to protect rights: teach you how to demolish a house to protect rights.

In the last article, we talked about some cases of rights protection that may be encountered in the process of buying a house. This article will continue to talk about real estate rights protection for everyone. As we all know, buying a house is a big event for consumers, and of course it is also a hassle! From buying a house to decorating and then moving in, every process may lead to disputes. What are the common problems in the process of buying a house? How should owners protect their rights? This newspaper combs the common problems of real estate rights protection, hoping to provide some reference for netizens who are about to buy a house.

Dispute type 1: Is the house a 70-year property right?

Rights protection measures:

Before signing the house sales contract, we must first review whether the five certificates provided by the developer are complete. What needs to be paid attention to during the review is whether the land units, construction units and sales units of the five certificates are consistent with the actual sales units.

In addition, when signing the contract, the specific date of handing over the house and handling the relevant documents must be clearly agreed, and vague sentences such as "probably" and "possible" cannot be used to avoid disputes in the future.

Five certificates are state-owned land use right certificate, construction project planning permit, construction permit, pre-sale permit of commercial housing and qualification certificate of real estate development enterprise.

The public can check the authenticity of these documents on the website of the issuing authority. Generally speaking, when buying commercial housing, citizens can focus on the pre-sale permit of commercial housing, because if the other four certificates are incomplete, they will not be able to obtain the pre-sale permit of commercial housing.

Dispute type 2: What if the developer delays the delivery of the house?

Rights protection measures:

Property buyers should choose to buy a house or return a house according to their own needs and combined with the developer's remedial measures when they encounter illegal acts such as overdue delivery. Specifically, if the developer can improve the documents and procedures as soon as possible, so that the house can meet the delivery conditions as soon as possible, and ensure that the house ownership certificate can be handled in the future, buyers can choose to buy a house. Of course, even if the contract can continue to be performed, buyers have the right to investigate the developer's liability for breach of contract or claim compensation for losses.

In addition, property buyers can also ask the developer to cancel the contract or confirm that the contract is invalid on the grounds that the developer has not handled the pre-sale permit and other procedures. If the contract is dissolved or confirmed to be invalid, the developer shall return the paid purchase price and interest to the buyer according to law and compensate for the losses. If the buyer thinks that the developer's behavior constitutes fraud, he can also ask the developer to bear the compensation liability of not more than twice the paid house purchase price.

Dispute type 3: does real estate not equal housing?

Rights protection measures:

Although many buildings are geographically adjacent, it is uncertain whether children can be included in the film. Some real estate projects can only be included in the study. Real estate also needs "qualification certification", and real estate is not equal to housing.

Kindergarten community can be built by itself, but it needs the overall planning of the bureau. When buying a house, citizens still need to know more about the area where the house is located. The purchase contract will also specify the address of the house. The public can compare with the scope of the bureau, so that they can clearly understand the real estate, so as not to buy the so-called real estate, but it still doesn't work. For some planned resources, we should also know when they can be put into use.

Dispute type 4: How to collect the property fee for vacant houses?

Rights protection measures:

According to the relevant provisions of the Measures for the Administration of Property Service Charges in a City (A Market Price [20 1 2] No.83), if the ordinary residential property management area equipped with elevators has been vacant for more than one year (including one year, starting from1,the same below), the owner or property user shall submit a written application to the property service enterprise. After confirmation by the realty service enterprise (in principle, water, electricity and gas are not used as measurement standards), the realty service fee shall be paid according to 80% of the realty service fee standard (including elevator operation fee) agreed in the previous realty service contract; In the ordinary residential property management area without elevator, if the house is vacant for more than one year after delivery, the owner or property user shall submit a written application to the property service enterprise, and after confirmation by the property service enterprise, pay the property service fee according to 90% of the property service fee standard agreed in the previous property service contract.

Dispute type 5: What should I do if I pay the deposit and don't want it?

Rights protection measures:

At the beginning of buying a house, disputes about "down payment" and "down payment" often occur between buyers and developers. The "down payment" of property buyers to developers can be refunded, but the "down payment" is generally not refundable. Not all "deposits" can be refunded.

Article 22 of China's "Measures for the Administration of Commercial Housing Sales" stipulates that developers may not sell commercial housing or charge any prepayment fees if they do not meet the conditions for commercial housing sales. Therefore, if the commercial housing does not meet the sales conditions and the buyers have paid the "down payment", the developer should unconditionally refund the down payment to the buyers regardless of whether the two parties agree to refund the "down payment".

Controversy Type 6: What if the developer adds a layer?

Rights protection measures:

Generally speaking, it is impossible for developers to raise floors without authorization, and they need to go to the Planning Bureau to make relevant changes. If you think it is illegal for the Planning Bureau to adjust the planning, you can report and prosecute. If you have signed a pre-sale contract with the developer before the planning adjustment, and the developer's behavior constitutes a breach of contract, you can terminate the contract and investigate the developer's liability for breach of contract.

Dispute type 7: Is the developer temporary and reasonable when the auction is delivered?

Rights protection measures:

As a developer, it should fulfill its contractual obligations and cannot change the contents of the contract without authorization. As a property buyer, in the face of the developer's breach of contract, he can bring a lawsuit to the people's court, asking the developer to fulfill his contractual obligations and bear the liability for breach of contract.