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What happens when developers are found to have forged social security to buy a house?
What will happen if the developer is found to have forged social security to buy a house? If the social security certification information is false, then the validity of the purchase contract needs further review; Forged social security certificates, intermediaries and forgers are suspected of criminal offences, so it is generally no problem for buyers to return a house, and they will not bear liquidated damages. The legal circumstances for the invalidity of a contract are as follows: Article 52 of the Contract Law of People's Republic of China (PRC). A contract is invalid under any of the following circumstances: (1) one party concludes a contract by fraud or coercion, which harms the interests of the state; (2) Malicious collusion that harms the interests of the state, the collective or a third party; (3) Covering up illegal purposes in a legal form; (4) damaging the public interest; (5) Violating the mandatory provisions of laws and administrative regulations. In addition, the invalidity of civil acts will also lead to the invalidity of contracts. According to Article 58 of the General Principles of the Civil Law of People's Republic of China (PRC) and the Civil Law of People's Republic of China (PRC), the following civil acts are invalid: (2) The person with limited capacity for civil conduct cannot carry out them independently according to law; (3) One party makes the other party act against its true meaning by means of fraud, coercion or taking advantage of others' danger; (4) Malicious collusion that harms the interests of the state, the collective or a third party; (5) Violating laws or public interests; (six) the economic contract violates the mandatory plan of the state; (seven) to cover up illegal purposes in a legal form; You need to look at the developer's documents when buying a house. Five cards 1. Construction land planning permit Before the construction unit applies to the land management department for requisition and allocation of land, the competent department of city planning administration shall confirm that the project site selection conforms to the legal documents of city planning. Two, "construction planning permit" is a legal document about the construction project to meet the needs of urban planning. Three, the "state-owned land use certificate" is applied by the land user, and the people's governments at all levels in this Municipality promulgate the legal certificate of the state-owned land use right. This certificate mainly indicates the land user's name, land location, use, land use area, service life and "four areas" scope. 4. The legal proof of the construction project by the construction unit is also one of the main bases for the registration of house ownership. A building without a construction permit is illegal and not protected by law. V. Commercial Housing Sales (Pre-sale) License The real estate management department of the people's government of the city or county allows real estate development enterprises to sell commercial housing. What if the developer fails to apply for the real estate license? (I) Claim for damages According to Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Contracts: If the buyer fails to obtain the certificate of ownership of the house at the expiration of the following time limits due to the seller's reasons, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: (1) The time limit for handling the registration of ownership of the house as stipulated in the commercial housing sales contract; (two) the subject matter of the commercial housing sales contract is the unfinished house, 90 days from the date of delivery of the house; (3) The subject matter of the commercial housing sales contract is the completed house, which is 90 days from the date of conclusion of the contract. If there is no liquidated damages stipulated in the contract or the amount of loss is difficult to determine, it can be calculated according to the total amount of house purchase money paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China. (II) Request to terminate the contract According to Article 19 of the Interpretation of Commercial Housing Sales, if the application for obtaining the certificate is overdue for one year due to the seller's reasons, the buyer may request to terminate the contract and require the seller to bear the liability for breach of contract after the termination of the contract. In other words, if the developer fails to apply for the real estate license in accordance with the purchase contract for more than one year, then the buyer can request to cancel the purchase contract and ask the developer to compensate for the losses. To sum up, developers use false information to attract buyers' attention, so this is a serious violation of Chinese laws, and any contract signed by both parties is invalid. However, as buyers, they must be cautious when buying a house and not be greedy for any cheap, so as to effectively protect themselves.
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