Is it a breach of contract not to hand over the parking space when selling a house?

Is it a breach of contract not to hand over the parking space when selling a house?

Keywords: house sales contract, parking space lease, breach of contract

1. Typical case

On 20 15, Lao Li signed a house sales contract with Kobayashi through an intermediary, stipulating that Lao Li would assist Kobayashi in renaming the parking space rented in this community to Kobayashi's name. After the contract was signed, Lao Li delivered the house and registered it under Kobayashi's name as promised. However, the parking space rented by Lao Li was not delivered to Kobayashi, who refused to pay the property deposit on this ground. 20 18, many negotiations failed. In a rage, Lao Li sued Xiaolin to the court and asked Xiaolin to bear the responsibility for breach of contract. Kobayashi defended the parking space in the lawsuit. Lao Li said that the parking space is rented from the property and the parking space is handled for Xiaolin. He has been to the property company for many times to negotiate and fulfill his obligation of assistance. In order to prove that he has been to the property negotiation many times, Lao Li also submitted the audio and video of the negotiation process.

2. The Court ruled that:

After trial, the court held that contracts established according to law are protected by law. Both parties shall fully perform their respective obligations in accordance with the agreement. If one party fails to perform the contractual obligations or fails to meet the contractual obligations, it shall be liable for breach of contract, such as continuing to perform, taking remedial measures or compensating for losses. In this case, from the audio and video recordings submitted by Lao Li, it can be concluded that Lao Li cooperated with the handover of the relevant parking spaces. Even if Lao Li failed to hand over the parking space to Kobayashi, it did not constitute a breach of contract, so Kobayashi was sentenced to pay the property deposit.

Second, understand the main points of the law

1, two parking spaces

Generally speaking, parking spaces in cities may have two attributes. 1. Property parking spaces, commonly known as parking spaces with property certificates. At this time, the owner has the ownership of the parking space, and unless otherwise agreed, the seller has no obligation to deliver the parking space to the buyer; The second is the rental parking space, that is, the parking space rented by the owner to the property or developer. At this time, the right to use the parking space comes from the developer or the owner who cannot dispose of it at will when selling the house.

2. How to deal with parking spaces when buying and selling houses? According to the different nature of parking spaces, different strategies should be adopted when buying and selling houses. For the property parking space, both parties can clearly stipulate the rights and obligations such as the price, delivery, and time for applying for a permit. For the leased parking space, the seller should not make a commitment to deliver the parking space, otherwise once the developer or property does not agree to transfer the parking space, the seller will have the risk of default.

3. What evidence needs special attention? As the saying goes, a lawsuit is evidence. In this kind of dispute, the agreement of the contract text and the proof of each party are extremely important. In this case, Lao Li can get back the property deposit. On the one hand, the contract clearly stipulates that Lao Li only has the obligation to "assist" in delivering the parking space. When selling the house, Kobayashi also knew that the parking space was rented by Lao Li from the property company; On the other hand, Lao Li provided audio and video recordings coordinated by the property management company, which proved that he had fulfilled his obligation of assistance. In practice, in addition to the contract text, children's videos and other evidence, we also need to pay attention to the testimony of the intermediary and the content of the real estate advertisement.