More than half of commercial housing disputes involve property rights registration.

In just two years, the new commercial housing market in Dongguan is like a roller coaster, returning to calm from the climax. In fact, with the increasingly active market in Dongguan, commercial housing disputes have also increased. Southern Reporter searched 958 cases through China Judgment Document Network with three key words as the core: "Dongguan", "Commercial House Sales Contract Dispute" and "Judgment". From 20 1 1 to 20 17 (as of March 6), the number of cases increased in a pattern, reaching a peak at 20 15, and then falling back.

At the same time, from the analysis of the cause of action, among the disputes over the sale of commercial housing (including shops, houses and apartments), the dispute over property registration accounts for the highest proportion, accounting for 52%, followed by contract fraud accounting for 17%, late delivery accounting for 16% and housing quality accounting for 8%. It is worth noting that in the sample analysis, there have been many complaints and problems in a real estate, such as Li 'ao Garden in Sha Tin, Lishui Jiayuan in Daojiao, Tianhe and other real estates, with a large litigation base. Most of the defendants are small and medium-sized developers, and buyers have a high chance of winning the case.

With regard to complaints about property quality, buyers often lose because of insufficient evidence. Through the analysis of this kind of commercial housing disputes, I hope that the majority of buyers will pay more attention and care when buying a house, and learn to safeguard their rights and interests in time afterwards.

analyse

20 15 is the peak of real estate disputes.

From 20 15, affected by the 330 policy, Dongguan property market ushered in a new round of rising period; In 20 16, with the entry of a large wave of Shenzhen tourists and the climax of land auction, Dongguan ushered in a situation of rising volume and price; In the first quarter of 20 17, the price limit and purchase restriction policies were introduced one after another, and the Dongguan market once again entered the adjustment period.

Southern Reporter analyzed the sample data and found that 20 15 was the peak of commercial housing disputes. According to the data, from 20 1 1 to 20 13, the total number of documents on commercial housing sales contracts is less than 20. 20 13 years 138 cases; 20 14 cases 197 cases; There were 308 cases in 20 15; 20 16 cases 197 cases; As of March 6, there were 9 cases this year.

Among them, 20 15 is the peak of real estate disputes. From the type and quantity analysis of commercial housing disputes, in 20 15 years, property rights registration disputes accounted for the largest proportion, with 163 cases related to property rights registration, followed by fraud cases 130 cases, accounting for 32.6% and 8 1.3% of the total property rights registration disputes respectively.

In this regard, Su Qi, deputy director of Guangdong Baiqin Law Firm, analyzed that there will be delays in property registration in house sales, and disputes are cyclical. From the sale of a real estate by a developer to the pre-sale registration of a single sold real estate, there is a confirmation link, and the developer needs to pay the confirmation fee before the property rights can be divided. However, because some developers can't keep up with the capital chain, they didn't pay the confirmation fee in time in the process of handling property rights, which led to the delay in the registration of property rights of owners. So 20 15 -20 16 is an outbreak cycle, and many old buildings begin to highlight this problem.

On the other hand, 20 15 is the rising period of the property market, and some small owners have the need to change houses or invest. In this case, it is urgent to register the property right before realizing the existing property.

Property rights registration disputes account for the highest proportion.

According to statistics, taking 958 case documents as samples, the disputes over the sale of commercial housing can be divided into five categories, which are property registration, fraud, overdue delivery, housing quality, other (liquidated damages, contract transfer, seller, etc.). ). Among them, property rights registration accounts for the highest proportion, accounting for 52%; Followed by 17% contract fraud, followed by 16% overdue delivery, 8% house quality and 7% others.

Among them, the specific performance of the property registration dispute is that after the commercial housing is delivered, the developer can't provide the property registration authority for the buyers in time, resulting in the owner not getting the real estate registration certificate and being unable to sell or rent it. The litigation base of this kind of dispute cases is large, because there are cases where individual real estate projects cannot be certified as a whole. In fact, in Dongguan, property rights registration has become a "long-standing problem", and some owners can only eat "dumb losses". For example, old buildings such as Jinduogang Golf Course Villa in Dalingshan have encountered delays in the implementation of property rights, and finally the owners have to return a house.

"In addition to the developer's capital chain can't keep up with the emergence of property rights registration disputes, the implementation of the real estate registration certificate from 2065438 to July 2006 has also become the main reason for frequent property rights disputes." Su Qi introduced that during the implementation of the real estate registration certificate, due to some problems left over from history, there will be some cases where the owners can't renew the certificate, which will lead to disputes. "

Small developers are prone to disputes.

In these 958 cases, Southern Reporter used "the name of the real estate enterprise" as the key word, and counted the top 7 real estates (real estate enterprises) with high exposure rate, most of which were unknown small developers and many well-known local real estate enterprises in Dongguan. According to its exposure statistics, Li 'ao Garden/KOOC-0/78, Lishui Jiayuan/KOOC-0/6/KOOC-0/,Hengrong Real Estate (Dongguan Hengrong Real Estate Development Co., Ltd.) 88, Jinhua Real Estate (Dongguan Jinhua Real Estate Development Co., Ltd.) 59, Tianhe Real Estate 30, Fu Ying Real Estate/KOOC-0/.

According to the contents of the document, Li 'ao Garden and Jinlong Real Estate are unfinished, and the owners cannot register their property rights. However, there are differences between Lishui Jiayuan and Hengrong Real Estate in the contracted valuation area and property registration area. In addition, Tianhe Real Estate is caused by the planning problems of shops, while the property projects of Fu Ying Real Estate are overdue.

In this regard, Li Xingwang, director of the Development Research Center of Hefei Brilliant Dongguan Branch, believes that real estate disputes often mainly exist in properties developed by small developers, because their development technology is insufficient, risk management is insufficient, capital technology is limited, and the sustainable development ability of enterprises is limited. Therefore, this is also the reason why buyers are more inclined to choose brand housing enterprises. Because the big brand housing enterprises have strong economic strength, after-sales service is guaranteed. With the increase of foreign brand real estate enterprises, the problem real estate will be reduced accordingly.

suggestion

The buyer should carefully check the terms in the annex to the contract.

The reporter found from the investigation in Du Nan that some property buyers lost the case in the process of rights protection, mainly because they didn't read the commercial housing sales contract carefully, which led to insufficient evidence in the later rights protection process.

2065438+In August 2005, the owner, Mr. Qin, sued Tianhe Real Estate Co., Ltd. and proposed to cancel the store contract with Tianhe on the grounds that Tianhe did not inform the real store design structure. However, during the trial, based on the supplementary agreement of the Commercial Housing Sales Contract signed by both parties, the court held that this was not a legal situation to terminate the contract and rejected Mr. Qin's appeal.

In this regard, Su Qi suggested that buyers should not ignore the supplementary clauses in the annex of the commercial housing sales contract, carefully review the contents, clarify the rights and obligations of both parties, and protect their own rights and interests.

(The above answers were published on 20 17-04- 14. Please refer to the current actual purchase policy. )

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