What problems should I pay attention to when buying parking spaces in residential areas?

It is difficult to buy a house now, and it is even more difficult to have your own parking space in the community. Some communities will buy houses with parking spaces, while others will buy parking spaces separately. It is easy to have legal problems, such as whether you should claim rights from the owner or the property if your parking space is occupied by others. What problems should I pay attention to when buying parking spaces in residential areas? The following is the relevant knowledge that Xiaobian brings to you.

Real case:

Wang is the owner of a community. On February 25th, Wang, as Party B, signed a parking space use right transfer contract with the developer as Party A, and Wang paid RMB 65,438+065,438+00,000 yuan to the developer to obtain the parking space use right of the underground garage until February 22nd, 1978.

1 1 In June, Wang sued the court for a judgment on the grounds that he failed to use the parking space involved legally and reasonably, and was often threatened and intimidated by other unidentified owners. 1 confirmed that the parking space use right transfer contract was legal and valid; 2. Confirm that Wang Zi 1978 enjoyed the right to use the parking space involved from February 25th to February 22nd; 3. The developer will deliver the parking space involved to Wang within a time limit; 4. The developer paid Wang a penalty of 5,038 yuan for overdue delivery of the right to use the parking space. "

The developer believes that Wang Yizhi normally occupied and used the parking space involved, and the developer did not breach the contract. The parking space involved is located in the basement and has an open design. There are no other restrictions except the intelligent management of entrances and exits by property companies. The parking space involved is an independent property, the ownership belongs to the developer, and the developer has the right to punish. Because it is open space, the transfer of possession should be regarded as delivery. Wang complained that individual troublemakers interfered with their normal use of the parking spaces involved, which had nothing to do with the developers. Wang should claim the relevant tort liability from the relevant infringer.

What problems should I pay attention to when buying parking spaces in residential areas?

After hearing the case, the court held that the dispute in this case should be analyzed, identified and handled from the following five aspects:

Do parking spaces enjoy independent property rights?

The developer has obtained the property right certificate of the basement garage in the community. According to Article 17 of People's Republic of China (PRC) Property Law, the certificate of real estate ownership is the proof that the obligee enjoys real estate rights. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, unless there is evidence to prove that the real estate register is indeed wrong, the real estate register shall prevail. According to the regulations, developers have the ownership of the garage and enjoy the rights of possession, use, income and disposal according to law.

As independent ownership, the developer divides the garage into several parking spaces, but each parking space is not registered as independent ownership, that is, each parking space developer cannot transfer it by way of sale or gift. In this case, the special terms of the contract for the transfer of the right to use the parking space signed by Wang and the developer also stipulate that only the right to use the underground parking space will be transferred, and ownership will not be transferred.

What is the essence of the transfer of parking space use right?

The determination of the nature of a contract cannot be determined only by the name of the contract, but should be comprehensively understood and accurately judged according to the rights and obligations established by both parties to the contract. The transfer contract of parking space use right is a contract of usufructuary right transfer, not a contract of ownership transfer. In China's current civil law system, there are only two systems in which the right to use a design is separated from the ownership and transferred separately. The first category is the transfer, allocation and transfer system of land use rights in the Property Law; The second category is the lease contract system, financial lease contract system and loan contract system in contract law.

The paid transfer contract of parking space use right in this case has nothing to do with the transfer, allocation and transfer system of land use right, and it is obviously different from the financial lease contract and the loan contract because of its paid nature. According to Article 212 of the Contract Law of People's Republic of China (PRC), a lease contract is a contract in which the lessor delivers the lease item to the lessee for use and profit, and the lessee pays the rent. The lease contract has two characteristics: 1. A lease contract is a contract to transfer the right to use property, and one party transfers the right to use property and income to the other party; 2. The lease contract is a paid contract, and the transferee pays a certain fee to the other party for using the property.

In this case, the transfer contract of the right to use the parking space signed by Wang and the developer clearly stated the transfer of the right to use the parking space and the number of years of use. It can be seen that the transfer contract of parking space right conforms to the characteristics and legal requirements of the lease contract, so the transfer contract of parking space right is actually a lease contract, although it is called the paid transfer contract of the right to use.

Is there a protection period for parking space rental?

A legally established contract shall take effect upon its establishment. If part of the contract is invalid and does not affect the validity of other parts, the other parts are still valid.

In this case, the developer owns the garage involved and enjoys the right of possession, use, income and disposal. It is not against the law for developers to divide the garage into several parking spaces and rent them to community owners. According to the first paragraph of Article 214 of People's Republic of China (PRC) Contract Law, the lease term shall not exceed 20 years. More than twenty years, the excess part is invalid. It is agreed that the service life stipulated in the contract for the assignment of parking space use right in this case will end on February 22, 1978/kloc-0, which has exceeded the stipulation that the maximum protection period of the lease term is 20 years in People's Republic of China (PRC) Contract Law.

Therefore, the part of the parking space use right transfer contract that exceeds the lease term of 20 years is invalid, and the other parts are valid. Because Wang legally leased the parking space involved, Wang's right to use the parking space involved is 20 years from the date of leasing, that is, from February 25, 2035 to February 24, 2035.

How to deal with the rent that exceeds the lease term?

The parking space use right transfer contract signed by Wang and the developer stipulates that the parking space will be used until1February 22, 978, and the transfer price (actual rent) is 1 10000 yuan. The rent is agreed according to the above service period. Now the court finds that the legal lease term is from February 25th to February 24th, 2035. Correspondingly, some of the above rents are unreasonable and illegal. Since Wang did not advocate the return of the developer in this case, the court only confirmed that the content of the clause was partially invalid, but did not confirm the specific amount of invalidity.

How to determine that the parking space has actually been delivered?

On the day when Wang signed the contract with the developer, Wang signed the Vehicle Parking Management Agreement with the designated property management company according to the contract, and paid the parking space cleaning fee to the property service company for six months according to the standard of 25 yuan every month. At the same time, Wang said in court that the parking space involved had been occupied by other owners of the community, and the court found that the developer had delivered the parking space involved to Wang as agreed by both parties. Wang claimed that the developer had not delivered the parking space involved to the developer, and asked the developer to deliver the parking space involved and pay liquidated damages. The court did not support it.

To sum up, according to the relevant provisions of the People's Republic of China (PRC) Contract Law, the judgment is as follows:

1. The Transfer Contract of Parking Space Right signed by Wang and the developer on February 25th is legal and valid, except for the following clauses:

(1) Article 2 Term of use: In the agreement that the term of use of underground parking spaces expires on February 22, 1978, the legally valid part is the lease term, and the lease term of underground parking spaces is from February 25 to February 24, 2035, and other agreements are invalid;

(2) Article 3 The calculation method of the transfer price of the right to use underground parking spaces is single pricing, that is, the transfer price of the right to use underground parking spaces is RMB 1 10000 yuan (in words: one hundred and ten thousand yuan only), and this price will not be adjusted due to factors such as area. Invalid;

2. The parking space involved was leased to Wang by the developer for a period from February 25th to February 24th, 2035;

Third, reject Wang's other claims.