What if the developer has cancelled the real estate license?

In 2008, Mr. Zhang returned to China to see an existing house of a real estate company for sale. After seeing the layout and decoration of the house, Mr. Zhang was very satisfied. On the same day, he signed a commercial housing sales contract with the real estate company, and agreed to buy the house at Room 803, Building 5 of the residential area, with a total house price of 165438+ ten thousand yuan. Mr. Zhang paid the full amount in one lump sum, and the real estate company delivered the house. The real estate company shall handle the house ownership certificate within 1 year after the whole community is handed over.

Mr. Zhang entrusts the house to an intermediary for rent. After the tenant moved in, he found that the house was seriously leaking and could not live, so he withdrew his rent. Mr. Zhang sent letters to developers and property companies many times, telling them to repair the house as soon as possible, but the developers ignored it, and the property company issued a certificate that the house could not live normally because of serious water leakage.

Because Mr. Zhang and his family are abroad, they have no time to manage the house and have been vacant so far.

On 20 10, the real estate company informed to handle the house ownership certificate, but Mr. Zhang didn't know it in China, and it didn't succeed. 20 14 Mr. Zhang returned to China for retirement. He thinks that the property right certificate of No.803 house has not been handled, and the water leakage problem has not been solved, so he asks the developer how to deal with it.

Mr. Zhang came to the place where he bought the house and found that he had changed companies. Mr. Zhang went to the industrial and commercial bureau to check that the real estate company had been cancelled. His house doesn't have the ownership certificate yet, because the quality of the house can't be occupied normally. I don't know what to do with it. Mr. Zhang asked a lawyer for help.

Lawyer's explanation

If the company is cancelled, its shareholders shall be taken as the defendant, and it shall be required to perform the obligations that have not been fulfilled in the contract.

Lawyer Song Li, a partner of Beijing Dongyuan Law Firm, said that if it is stipulated in the commercial housing sales contract that the buyer entrusts the seller to handle the house ownership certificate, it is the contractual obligation of the seller to handle the house ownership certificate. If there is no explicit agreement in the contract for the sale of commercial housing that the seller will apply for the certificate, the seller is still obliged to handle the house transfer registration for the buyer. The seller shall complete the initial registration of the house within the time limit agreed in the contract or within the statutory time limit for handling the house registration, and prepare the certification materials required for handling the house registration and submit them to the house registration authority.

Lawyer, a partner of Beijing Dongyuan Law Firm, said that the seller's real estate company has the obligation to handle the house ownership certificate for Mr. Zhang. Now the real estate company has been cancelled. According to the Supreme People's Court's Interpretation on the Application of the Civil Procedure Law of People's Republic of China (PRC), if an enterprise as a legal person is dissolved, it shall be a party before liquidation and cancellation according to law; If it is revoked without liquidation according to law, the shareholders, promoters or investors of the enterprise as a legal person shall be the parties. Therefore, the shareholders established by the real estate company should be the defendants, requiring them to fulfill their contractual obligations and cooperate with the housing transfer registration procedures.

As for the problem of water leakage in the house, Mr. Song Li said that if the quality of the house seriously affected the normal living and use, Mr. Zhang Can demanded to cancel the contract and compensate for the losses. If the contract is not terminated, the seller, that is, the shareholder of the real estate company, is responsible for the maintenance during the warranty period. If the seller refuses or delays the maintenance within a reasonable period of time, Mr. Zhang can carry out the maintenance by himself or entrust others to carry out the maintenance, and the maintenance expenses and other losses caused during the maintenance period shall be borne by the shareholders of the real estate company.

In addition, lawyer Song Li pointed out that the seller should also be liable for compensation for the loss of house value caused by house quality problems, and the specific loss of house value should be evaluated by an evaluation agency.

Lawyer Song Li said that not all houses without real estate license can go to the court to register the transfer of house ownership. Only when the developer in this case has obtained the initial registration or the developer has met the guarantee conditions can the registration of house ownership transfer be handled through the court decision.

If the developer has not obtained the pre-sale certificate, or the completion acceptance filing form and other procedures, and the conditions for obtaining the certificate are not yet met, the buyer can not directly sue the developer for handling the house ownership certificate, but can only ask the developer to bear the liability for breach of contract for delaying the application.

(The above answers were published on 20 16- 12-28. Please refer to the actual purchase policy. )

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