Is it better to buy public houses or commercial houses?

When buying a commercial house, the public house has no ownership, only the lease right.

Public housing is a legacy of China's special system. Refers to public housing, which is relative to private housing owned by individuals. Ordinary individuals only have the right to lease, but no ownership. Users of public houses have the right to possess, use, partially benefit and restrict the disposal of public houses within the scope permitted by law.

On the issue of whether public housing can be inherited, there is a great controversy in practice, and it is difficult to unify. This special form of public housing is unique in our society. At present, the property right of public houses is vague in law. In judicial practice, many problems are adjusted by policy temporary provisions, and their legitimacy and rationality are also contradictory.

Legally speaking, the rights of the lessor and lessee of public housing are out of line, which is an incomplete real estate ownership. For example, the lessee of public housing can get some income by renting the house, and the heir of the lessee will of course continue to get the rental income of the house based on some priority.

According to the provisions of China's inheritance law, heritage is generally the personal legal property left by citizens when they die. For the lessee of public housing, there is only the right to use, but no ownership, so it is not within the scope of inheritance and cannot be inherited according to law.

Of course, with the development of China's economy, the inheritance of public houses has been buffered more. Nowadays, many people who think that public houses can be inherited believe that housing is earned by parents, and housing is a "legacy", which can of course be inherited by heirs. Although this requirement is illegal, it is also in line with China's social reality.

In practice, from the perspective of social stability and harmony, generally speaking, the lessee can be changed. The Ministry of Construction's "Administrative Measures for Urban Housing Leasing" stipulates: "If the lessee of residential housing dies within the lease period, his family members who have lived together for more than two years can continue to rent."

Judging from these provisions, there are certain legal conditions for the acquisition of the leasehold right of public houses, especially when the original lessee dies, the leasehold right cannot be inherited as other inheritable property rights. However, if the lessee who meets the lease conditions wants to change the name of the lessee to continue the lease, it can be changed with the consent of the housing management department.

Commercial housing sales contract refers to a contract in which real estate development enterprises sell uncompleted or completed houses to the society, transfer the ownership of the houses to the buyer, and the buyer pays the price. Among them, the agreement on the subscription, ordering and reservation of commercial housing has the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales. If the seller has accepted the purchase price as agreed, the agreement shall be deemed as the commercial housing sales contract (issued by the Ministry of Construction of People's Republic of China (PRC) on April 4, 2006 at 5438+0, and by the Ministry of Construction of People's Republic of China (PRC) on June 2006/kloc-0).

Contract content

According to relevant laws and regulations, the commercial housing sales contract shall contain the following main contents:

(1) the name and domicile of the party concerned

(B) the basic situation of commercial housing

(3) Commercial housing sales methods

(four) the method of determining the price and total price of commercial housing, the method of payment and the time of payment;

(5) Terms and date of delivery.

(six) decoration, equipment standards commitment

(seven) water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities.

(8) Ownership of public buildings.

(nine) the way to deal with the area difference

(ten) to handle matters related to the registration of property rights.

(eleven) the method of dispute resolution

(12) Liability for breach of contract

(13) Other matters agreed by both parties.

Matters needing attention

1, try to choose the model text of commercial housing sales contract recommended by local government departments.

2. Be wary of unfair terms, especially supplementary agreements, and be highly vigilant.

3. When signing the contract on site, be sure to read all the information on the original pre-sale certificate and read the contract terms in detail.

4. Hire professional lawyers to participate.

5. Supplement to this supplement.

6. Collective signature.