What department should the real estate dispute be complained to?

What department should the real estate dispute be complained to?

Where can I complain about real estate disputes? Housing is a necessity in our life, so there are many housing disputes. Many people don't know how to complain when they encounter such disputes. So where do you complain about real estate disputes?

What department should I complain about real estate disputes? 1 1. Which department is the complaint department of housing sales disputes?

Housing sales disputes can be complained to the real estate management department. If mediation fails, they can be taken to court to defend their rights. Prosecution must meet the following conditions:

(1) The plaintiff is a citizen, legal person and other organization that has a direct interest in the case;

(2) Having a clear defendant;

(3) Having specific requests, facts and reasons;

(4) It falls within the scope of civil litigation accepted by the people's court and is under the jurisdiction of the sued people's court.

Article 120 A complaint shall be submitted to the people's court, and copies shall be submitted according to the number of defendants.

If it is really difficult to write a complaint, it can be made orally, which will be recorded by the people's court and the other party will be informed.

2. What are the disputes over the sale of houses?

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.

3. Tenant disputes in the sale of second-hand houses

After the contract is signed, it is likely that the lessee claims the preemptive right, which leads to the invalidation of the original sales contract, thus bringing a series of disputes to the buyers. Therefore, before buying a house, buyers must do a good job of investigation to ensure whether there is a lessee. If so, they should ask the lessee to give up the written commitment of preemptive right.

4, housing quality disputes

General housing quality is easy to be found by buyers after delivery, such as some cracks, leakage and other problems. If you encounter such a situation, there are the following solutions: first, complain to the construction administrative department; Second, the two sides negotiated mediation; Third, file an arbitration with an arbitration institution; Fourth, take up legal weapons and safeguard your legitimate rights and interests.

5. Intermediary fee dispute

Many people buy houses through intermediaries, so the housing sales contract signed through intermediaries is likely to be unable to be fulfilled for some reasons. At this time, buyers want to get back the agency fee, but the agency does not refund it.

For such a problem, we need to make a concrete analysis to find out whether the reason for the non-performance of the contract is an intermediary problem. When signing an agreement, it is best to stipulate the refund of the agency fee in the agreement.

What department should the real estate dispute be complained to? How can I solve the real estate dispute?

In accordance with relevant laws and policies, real estate disputes can be resolved in the following ways according to different situations.

1. Due to 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, the parties have the right to directly bring a civil lawsuit to the people's court.

2, demolition and demolition of compensation, resettlement and other disputes, the two sides can not reach an agreement through consultation, by the people's government at the same level that approved the demolition or house demolition ruling, the parties are not satisfied with the ruling, can bring a lawsuit to the court within 05 days from the date of receiving the ruling.

3. Building houses within the unit 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.

4. If the unit allocates the employee's right to use the housing and has a housing allocation contract, when the employee leaves or resigns for his own reasons, or is expelled from the unit, the unit will recover the right to use the public housing according to the contract requirements, and the disputes arising therefrom can bring a civil lawsuit to the court.

5. In case of any dispute caused by improper construction approved by the relevant departments, which affects the ventilation, lighting or pollution of others, the parties concerned may apply to the relevant departments for settlement, or bring an administrative lawsuit to the court.

6, real estate disputes caused by illegal buildings, as well as disputes caused by the identification and demolition of illegal buildings, administrative organs do not handle or improper handling according to law, if the parties are dissatisfied, they can bring 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.

7, housing quality assessment should find professional institutions. Housing quality problems should first be resolved through consultation with developers, and reported to the Construction and Communications Commission, Planning Bureau and other relevant departments for testing and filing. If both parties to a housing quality dispute reach an agreement through consultation, they may entrust an assessment agency for housing quality defects and losses to make an assessment report.

If the parties fail to negotiate, the court will designate it in the evaluation agency. The people's court shall examine the assessment report made by the housing quality defect loss assessment agency according to law, and the assessment agency shall appear in court to accept the questions of the parties. It will also strengthen the supervision of the evaluation institutions to ensure the fairness and justice of the evaluation results.

What department should I complain about real estate disputes? 3. Which department do you want to find for the house contract dispute?

1, depending on the type of house bought and sold.

If it belongs to yishoufang, you can find the Construction Bureau, Consumers Association and other departments. If it is a second-hand house, it is better to go through legal procedures through the court.

2. According to the types of contract disputes

If there are legal disputes in the contract itself, in addition to legal proceedings or arbitration, you can also claim compensation from the management departments in related fields, and solve the dispute by determining which responsible party is bound by the contract.

For example, in the sale of commercial housing, the developer is directly responsible for the contractual relationship with the buyer. The buyer can directly seek the developer to provide a solution to the housing problem or the contract itself, and at the same time can initiate a complaint to the local consumer association as a consumer to mediate disputes.

If the content and form of the contract are legal, the contract disputes caused by other problems can be solved by the responsible subject of the dispute, such as construction engineering problems, property management problems, false advertising problems, etc., and the demand for solving disputes can be put forward to the local planning commission, housing management bureau, industrial and commercial administration bureau and other governments.

Second, the general way to resolve disputes over housing sales contracts

1, both parties negotiate.

The first is direct consultation between the two sides. In civil law, equal subjects carry out civil activities based on the principle of freedom and equality, which is also the most common way to solve real estate disputes.

For example, Article 13 of the Interpretation of Commercial Housing Sales Contract stipulates: "If the buyer requests to terminate the contract and claim compensation for losses due to serious quality problems in the house, it shall be supported."

In real estate transactions, if the rights and interests are infringed by the disputes over the sales contract, the buyers or developers can communicate directly with each other orally and in writing, put forward the existing problems and discuss the solutions.

2. Complain to the Consumer Association

Help consumers association. Generally speaking, buyers are at a disadvantage relative to developers, so when disputes arise, buyers will suffer a little more. Therefore, when there is a contract dispute, buyers can seek help from local consumers' associations, and use them as an intermediary to mediate, deal with problems and resolve disputes.

3. Apply for legal arbitration

When the current two methods are ineffective, you can apply to the Arbitration Commission for arbitration. However, the premise of applying for arbitration is that both parties have an arbitration agreement. In case of dispute, the injured party may apply to the Arbitration Commission according to the arbitration clause in the house purchase contract or the arbitration agreement signed by both parties, and the arbitration result of the Arbitration Commission is legally binding on both parties.

4. institute legal proceedings

The last way is legal proceedings. Property buyers can't solve disputes through negotiation, mediation or even arbitration, so they have to bring a civil lawsuit to the local court through judicial channels to solve the problem, but the settlement amount must be the goal.

Housing contract disputes belong to civil cases. Generally, if the two parties fail to negotiate, they can go to the people's court with jurisdiction to bring a lawsuit. Contract dispute cases mainly take the contract as legal evidence and compensation basis. If the circumstances are not serious, the people's court will mediate between the two parties first.