Complaint of real estate sales dispute

Model complaint for real estate sales disputes

Commercial housing sales disputes and commercial housing sales disputes are common disputes in private law practice. Then, what is the model of complaints about commercial housing sales disputes? In order to understand the relevant knowledge, the following is a sample indictment of real estate sales disputes.

What is the handling method of the indictment 1 for real estate disputes?

Real estate disputes in the process of purchasing houses can be solved through negotiation, mediation, arbitration, administration and litigation.

(1) negotiated settlement.

(2) mediation. Mediation refers to a way that, at the application of one party, the real estate management department, consumers' associations or other organizations preside over and persuade and educate buyers and sellers to understand each other and reach a settlement agreement in accordance with the laws and policies on the sale of commercial housing, so that the purchase dispute can be resolved in time.

(3) arbitration. Arbitration, also known as arbitration, means that the buyer and the seller voluntarily submit the dispute to the arbitration organ for a binding ruling in accordance with national laws, regulations and local administrative rules before or after the dispute occurs. Arbitration is not interfered by administrative organs, social organizations and individuals, and there is no subordinate relationship between the Arbitration Commission and administrative organs.

Once the arbitral award is made, it has legal effect, and the arbitral award is final, and there is no question of the parties' appeal. If disputes are to be settled through arbitration, buyers and developers must have an arbitration agreement and voluntarily submit the disputes to arbitration. If one of the two parties is unwilling to submit the dispute to arbitration, then the dispute cannot be resolved in this way.

(4) Administrative reconciliation. The administrative handling of house purchase disputes refers to a specific administrative act in which the real estate management authority and other departments where the commercial house is located fail to mediate or reach an agreement, and the parties go back on their word, or the parties to the house purchase dispute directly complain to the administrative department, and the administrative department handles their disputes.

As far as the way is concerned, administrative reconciliation generally goes through two stages: first-level administrative decision and administrative reconsideration. Among them, the first-level administrative decision is the premise and necessary procedure of administrative reconsideration. Administrative reconsideration of real estate cases, including house purchase disputes, shall be conducted in accordance with the provisions of the Administrative Reconsideration Law.

(5) Litigation settlement. Litigation settlement of house purchase disputes is a way for people's courts to solve house purchase disputes with the participation of the parties to the dispute and other litigation participants. There are two kinds of house purchase dispute litigation: civil litigation and administrative litigation. The parties in civil litigation are equal civil subjects in house purchase disputes, that is, citizens, legal persons or unincorporated organizations. Civil litigation of house purchase disputes shall be tried by the civil court of the people's court (some local people's courts have special real estate courts) in accordance with the provisions of the Civil Procedure Law.

Administrative litigation is a lawsuit brought by the counterpart of administrative act because he refuses to accept the specific administrative act. One party to an administrative lawsuit is a citizen, a legal person or an unincorporated organization, and the other party is an administrative organ that has made a specific administrative act against the former. The administrative litigation of house purchase disputes shall be tried by the administrative tribunal of the people's court in accordance with the provisions of the administrative litigation law.

Whether it is civil or administrative litigation, it is divided into first-instance litigation and second-instance litigation. If a party refuses to accept the judgment of the people's court of first instance, he may appeal to the people's court at the next higher level. If you refuse to accept the judgment of the people's court of second instance (final instance) again, you may apply for a review within two years. However, the creditor may apply to the court for enforcement of the judgment that has taken effect.

Model complaint for real estate disputes

Plaintiff: Chen * *, female, aged 25, living in. * * Road, * * District, * * City. Chen * *, male, 54 years old, lives in Beijing First People's Hospital. * * Road, * * District, * * City.

Miao * * *, female,1born on May 23rd, 955, with the same address as above.

Defendant: Lin * *, male, 48 years old, domicile. * * Road, * * District, * * City.

Litigation request:

1. Order the defendant to continue to perform the matters stipulated in the Shanghai Real Estate Sales Contract and the supplementary agreement signed by both parties, and transfer the disputed house to the plaintiff;

2. The defendant was ordered to bear the plaintiff's lawyer fee of 20,000 yuan;

3. The defendant was ordered to compensate the plaintiff for the losses such as property management fee 1328, 3 1 yuan and agency fee of 7550 yuan, totaling ***8878 and 3 1 yuan;

The defendant was sentenced to bear the legal costs of this case.

Facts and reasons:

The plaintiff and the defendant signed a Shanghai real estate purchase and sales contract (hereinafter referred to as "the contract") at Room 3, Lane 0/6, # Road, Baoshan District, this city on * * *, 20**, with the intermediary service of Shanghai * * Real Estate Consultant Co., Ltd. The plaintiff will be told to your hospital in early February of 20XX because the defendant is unwilling to perform the handover procedures stipulated in the contract. The defendant promised to go through the handover procedures and both parties reached a settlement agreement.

Subsequently, the plaintiff withdrew the lawsuit and signed a supplementary agreement with the defendant, agreeing to change the price of the disputed house to 728,020 yuan; The original defendant and the defendant went through the transfer formalities in Baoshan District Real Estate Trading Center on September 2nd.

The defendant paid all the house payment according to the contract and supplementary agreement, but despite repeated reminders from the plaintiff, the defendant refused to go through the transfer formalities for various reasons. During this period, the defendant still owed the house property management fee 1.328 yuan and the water and electricity fee of 3/kloc-0 yuan, and the intermediary fee of 7,550 yuan that the defendant should pay was also paid in advance by the plaintiff.

The plaintiff believes that the buyers and sellers of real estate should be honest and trustworthy, and the settlement agreement and supplementary agreement are also expressions of the true meaning of both parties and should be performed according to the contract. The defendant's breach of contract has brought huge losses to the plaintiff, and the plaintiff has to file a lawsuit to safeguard his legitimate rights and interests, so please make a judgment as required.

I am here to convey

* * * District People's Court

Shaping people:

Agent: * * * *

Date: * * year * * month * *

Complaint of real estate sales dispute 2 model complaint of commercial housing sales dispute

1. Plaintiff: Name: _ _ _ _ _ _ Address: _ _ _ _ _ _ Tel: _ _ _ _ _ _ _

2. Legal Representative: Name: _ _ _ _ _ _ Title: _ _ _ _ _ _ _

3. Authorized Agent: Name: _ _ _ _ _ Gender: _ _ _ _ _ _ Age: _ _ _ _

Nationality: _ _ _ Title: _ _ Work unit: _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _

4. Defendant: Name: _ _ _ _ _ _ Address: _ _ _ _ _ Tel: _ _ _ _ _ _ _

5. Legal Representative: Name: _ _ _ _ _ _ Title: _ _ _ _ _ _ _

6. Authorized Agent: Name: _ _ _ _ _ Gender: _ _ _ _ _ _ Age: _ _ _ _

Nationality: _ _ _ Title: _ _ Work unit: _ _ _ _ _ _

Address: _ _ _ _ _ _ _ _ _ _ Tel: _ _ _ _ _ _ _

7. Litigation request _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

8. Facts and reasons: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

9. Evidence and sources, names and addresses of witnesses

I am here to convey

_ _ _ _ _ People's Court

Plaintiff (name)

Date, year and month

Attachment: copy of the contract.

_ _ _ copies of this complaint.

_ _ other supporting documents.

Complaint of real estate sales dispute 3 model of tripartite contract for real estate sales

Three parties to the contract:

Seller: [ID card]:

Contact address:

Name of entrusted agent: [ID card]:

Contact address:

Buyer: [ID card]:

Contact address:

Name of entrusted agent: [ID card]:

Contact address:

Agent:

Registered address:

Contact telephone number:

According to the Contract Law of People's Republic of China (PRC) and relevant laws and regulations, on the basis of equality, voluntariness and unanimity, the three parties to this contract reach an agreement on the sole entrustment of the seller and the buyer to the intermediary to buy and sell the house, and conclude this contract:

Article 1: The purchased house (hereinafter referred to as the house) is [existing house], the address is:, and the construction area is: square meters (subject to [property ownership certificate area]).

Article 2: The number of the Property Ownership Certificate held by the Seller is: the current property right of the house is mortgaged by the bank. The Seller guarantees that it has the complete right to dispose of the house, and there are no disputes over property rights and creditor's rights and debts. If the house cannot be registered or there is a dispute over creditor's rights and debts due to the seller's reasons, the seller shall bear all the responsibilities.

Article 3: The Buyer and the Seller agree that the transaction price of the house is RMB one hundred thousand and one hundred Yuan only.

Article 4: The Buyer shall pay the house price to the Seller on time and pay the house price according to the payment method in the annex.

Article 5: The taxes generated by this transaction shall be paid in the form of [the buyer and the seller shall pay taxes according to the regulations of the real estate exchange respectively] and [others:].

Article 6: The date when the Seller delivers the house to the Buyer for use is []; The seller must pay all incidental expenses related to the house (such as water, electricity, gas, management fee, telephone fee, network fee, cable TV fee, etc.). ) when the property is delivered.

Article 7: The house is sold to the buyer as it is, and the buyer has checked and agreed to buy the house as it is.

Article 8: The seller shall properly handle the property rights, debts, taxes, lease, mortgage repayment and other matters related to the house before the transaction transfer is completed, and ensure that the buyer will not be responsible for the above matters when the transaction transfer is completed.

Article 9: As the intermediary facilitates the signing of this contract and provides intermediary services, the seller agrees to pay the consulting and intermediary service fee of RMB one hundred and ten Yuan only (￥) to the intermediary on the effective date of this contract, and the buyer agrees to pay the consulting and intermediary service fee of RMB one hundred and ten Yuan only (￥) to the intermediary on the effective date of this contract. If the seller or the buyer fails to pay the consulting and intermediary service fees within the time limit, the broker shall pay a late fee of one thousandth of the consulting and intermediary service fees on a daily basis until the settlement date.

Article 10: In any case, if the seller or the buyer fails to buy or sell the real estate according to the terms of this contract after signing this contract, the breaching party shall pay 5% of the total transaction price to the broker as liquidated damages.

Article 11: If the seller fails to sell the house to the seller after receiving the down payment, the seller shall return the house price paid by the buyer on the day when it is determined that the house cannot be sold, and return the down payment together with both parties.

Article 12: The seller's late delivery of the house to the buyer shall be regarded as a breach of contract, and the buyer has the right to terminate the contract. For each overdue day, the Seller shall pay the Buyer a penalty equivalent to one thousandth of the total construction price of the house; If the buyer cancels the contract, the seller shall return the deposit and house price paid by the buyer.

Article 13: If the buyer fails to perform the terms of this contract after paying the deposit, the seller has the right to confiscate the deposit paid by the buyer and sell the house to others.

Article 14: If the buyer fails to pay the house price according to the payment method agreed in the annex, it will be regarded as a breach of contract, and the seller has the right to terminate the contract. If the Seller does not terminate the Contract, the Buyer shall pay the Buyer a penalty equivalent to one thousandth of the total construction price of the house for each overdue day; If the seller cancels the contract, the seller has the right to confiscate the deposit paid by the buyer and sell the property to others.

Fifteenth due to a breach of contract by one party, the other two parties to pursue the responsibility for breach of contract, the lawyer's fees, shall be borne by the defaulting party.

Article 16: This contract supersedes any previous claims, understandings, commitments and agreements of the three parties in the negotiation.

Article 17: Any dispute arising from the performance of this contract among the three parties shall be settled through consultation. If no settlement can be reached through negotiation, it shall be settled by [submitting it to Guangzhou Arbitration Commission for arbitration by an independent arbitrator according to the summary arbitration procedure].

Article 18: The annexes to this contract have the same legal effect as this contract. In this contract and its annexes, the words filled in the blank part have the same effect as the printed words.

Article 19: This contract and its annexes have three pages in total and are made in triplicate, all of which have the same legal effect. The contract is held as follows: one for the seller, one for the buyer and one for the broker.

Article 20: This contract shall come into effect after being signed by three parties.

Article 21: Other matters agreed by the three parties:

1. The sales price includes all expenses paid by the seller for the inherent facilities of the house, such as the existing hydropower equipment and existing decoration equipment in the property.

2. It is known that the property right of buying and selling real estate is bank mortgage debt.

3. If the court fails to make a ruling, the buyer and the seller shall not be liable for breach of contract. The seller shall immediately return the deposit to the buyer without interest.

4. After the written ruling is issued, if the buyer breaches the contract, the deposit will not be refunded, and the right to buy and sell will belong to the bank.

5. The buyer must notarize and entrust the seller to purchase the property, and state in the notarized power of attorney that the seller can transfer the above property to others after the buyer determines the breach of contract.

Remarks: The Buyer and the Seller confirm that they have clearly understood the contents and meanings of the contract terms, and voluntarily accept the contract terms.

Seller's agent (signature): Buyer's agent (signature):

Agent (signature): Agent (signature):

Date of signature: year month day.