Is it illegal to sell real estate binding parking spaces?

It is illegal to bundle parking spaces in real estate. The developer's bundling of parking spaces in real estate sales not only belongs to the overlord clause, but also is suspected of compulsory consumption, which belongs to the category of illegal sales. Binding parking space sales is unreasonable. As far as consumers are concerned, consumers have the right to fair trade, and no one may buy or sell in any way. Binding parking space sales can complain to the housing construction department or the price department.

If you let others buy a parking space directly, it is bundled sales, and there is no legal basis at all. If you must buy a parking space, then this parking space has a certain price. People must spend a lot of money when they buy it. If someone doesn't want to use the parking space, then this position will be wasted.

This situation requires relevant personnel to carry out rectification, which has been suspected of violating national laws and is no different from compulsory consumption. When we see the need to buy a house and buy a parking space, we should stop it and report it to them to prevent our interests from being infringed. I originally wanted to buy a house, but I bought a parking space by force. This is absolutely impossible to appear in the sale of houses, and it also infringes on the rights and interests of consumers.

First, the process of buying and selling parking spaces.

1. Parking space verification: original and photocopy of parking space certificate and original and photocopy of parking space owner's ID card, usually 10 working days.

2. Signing (including online signing, deposit agreement and sales contract): the online signing price is the original purchase price of the parking space, and the materials to be prepared include: parking space book, ID card, household registration book, marriage certificate (the married person needs the consent of the spouse to sell) and bank card. Deposit agreement (the same as general house sales, the part exceeding 6,543,800+yuan shall be supervised by funds) and sales contract (the same as general house sales contract).

3. Tax payment (deed tax: original value ×3%, stamp duty: original value × 1‰): required information: ID card, parking space book, household registration book, marriage certificate (married), original parking space purchase invoice.

4. Transfer: The buyer and the seller need to handle the transfer in the real estate registration center (some urban areas need to make an appointment in advance). Required information: Seller: ID card, parking space book, household registration book, marriage certificate (married), original parking space purchase invoice. Buyer: ID card, household registration book, marriage certificate (married), and tax payment certificate after tax payment.

Second, the parking space that can't be bought.

1, community public * * * space:

Open space in the community, sometimes even green space, developers or property companies draw a clear line to collect money. Some are sold to owners at a fixed price, and some are rented by the month. It is reported that because the land use right of the community belongs to all owners, developers have no right to sell open above-ground parking spaces. This kind of parking space can be authorized by the owners' congress to entrust the property to the owners, and after deducting the necessary expenses, it will be included in the community maintenance fund.

2. There is no agreed underground parking space:

The construction area of underground parking spaces is not shared. If the developer obtains the property right of the garage alone, the developer can sell the property right to the purchaser, but the underground garage can only be pre-sold to the pre-buyers of commercial housing in the community. It seems natural for developers to sell such parking spaces, but it is not. In the housing sales contract, the developer must declare that the property right of the underground parking space in the community is transferred separately and will not be sold with the house. If there is no similar written explanation, the underground parking space should also be owned by the owner, and the proceeds should also be owned by the owner.

This part of the income can be collected by the property management company entrusted by the community industry Committee, and the income will be included in the community maintenance fund after deducting the necessary management expenses.

3. Shared underground parking spaces:

Many developers are selling underground parking spaces while selling houses, but many owners don't know whether the sale of underground parking spaces is legal. If the underground parking lot has been shared by the community owners as a pool area, then the developer has no right to sell it. In other words, when selling a house, the area of the underground parking space has been allocated to each owner, and the money is collected in proportion, and then the underground parking space is sold to the owner, which is repeated collection of money. Article 37 of the People's Republic of China (PRC) Urban Real Estate Management Law stipulates: "Those who have not registered and obtained the ownership certificate according to law shall not be transferred." Therefore, if the property right cannot be handled, the parking space sales contract is not protected by law, and the owner only buys a blank sheet of paper.

This kind of underground parking space can't do the property right certificate, which belongs to all the owners of the community. Strictly speaking, it belongs to the supporting facilities of the community. It can be rented to the owners by the community industry Committee, and the rental income will be included in the community maintenance fund after deducting the necessary management expenses.

legal ground

Law of the People's Republic of China on Protection of Consumer Rights and Interests

Article 10 Consumers have the right to fair trade. When purchasing goods or receiving services, consumers have the right to obtain fair trading conditions such as quality assurance, reasonable price and correct measurement, and have the right to refuse the compulsory trading behavior of operators.

Article 16 When providing commodities or services to consumers, business operators shall perform their obligations in accordance with the provisions of this Law and other relevant laws and regulations. If there is an agreement between the operator and the consumer, they shall perform their obligations in accordance with the agreement, but the agreement between the two parties shall not violate the provisions of laws and regulations. When providing commodities or services to consumers, business operators shall abide by social morality, be honest and trustworthy, and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.