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Big face! By the fitness room trading interpretation

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[Abstract]:
WangYunganglawyer Inrecentyears,withthelargeamountofaffordablehousing(hereinafterreferredtoas"bythefitnessroom")alargenumberofconstructionandsupply,coupledwiththepriceofordinarycommercialhousingonthea
Wang Yungang lawyer
 
In recent years, with the large amount of affordable housing (hereinafter referred to as "by the fitness room") a large number of construction and supply, coupled with the price of ordinary commercial housing on the advantages of such a substantial increase in the sale of such properties (lawyers friends and family had bought this Class property). The resulting disputes caused by the corresponding rise, and become a widespread concern by the phenomenon of society. So, what is the fitness room? The sale of such property is not legal and listen to the lawyer for you one by one interpretation.
 
The fitness room is the country to solve the low-income families housing problems and the construction of ordinary housing. Such housing due to the reduction of the construction of the project part of the cost, the cost is slightly lower than the ordinary commercial housing. "Nanjing City Economic Housing Management Implementation Rules" will be defined by the fitness room for the government to provide preferential policies to limit the supply target, sales price and area, in accordance with reasonable standards, with the nature of social security policy of housing.
 
It is precisely because the fitness room is a social security nature of the policy of housing, the state of such properties listed on the transaction to be specifically provided. "The State Council on the city to solve the housing difficulties of low-income families, a number of opinions" provides that affordable housing is a policy of housing, buyers have limited property rights. Purchase affordable housing less than 5 years, not directly listed transactions, buyers for various reasons do need to transfer affordable housing, by the government in accordance with the original price and consider the depreciation and price levels and other factors repurchase. The purchase of affordable housing for 5 years, the purchase of affordable housing, but should be in accordance with the same period of ordinary commodity housing and affordable housing price of a certain percentage of the government to pay the land income equivalent price, the specific payment by the city people's government to determine, The government can give priority to repurchase. Article 42 of the Regulations on the Implementation of the Housing for Housing Management in Nanjing stipulates that the purchase of affordable housing for at least 5 years shall be made after the acquisition of "house ownership certificate" and "state-owned land use right certificate", but the government shall enjoy the right of first acquisition The Affordable housing at the time of sale, the transferor should be in accordance with the same period of ordinary commodity housing and affordable housing a certain percentage of the rate of payment to the government to pay the land and other related prices. Collective land on the demolition of households to obtain affordable housing transfer, do not pay the difference. It can be seen that, according to the relevant provisions of the State Council and Nanjing, the free transfer of the fitness room (relative to less than 5 years) has two hard requirements, one is to buy over 5 years (from the time of purchase invoice records), the second is to Pay the relevant price difference to the government (except for the relocated households on the collective land). On the transfer of the fitness room needs to pay the land to the government (the difference between the amount of income) calculated, the Nanjing Municipal Government in the subsequent introduction of the provisions of the difference between the income of the formula: [the transfer of the deed tax rate (that is, the deed tax levy on the room Of the evaluation of the unit price) - the affordable housing purchase price] * construction area. Compared with the previous "rules", the difference in the calculation of income based on "changed his face."
 
As the saying goes, the policy is dead, people are alive. Some of the Chinese people have the ability to change. You are not required to purchase less than 5 years can not transfer the transaction, can not transfer it? The reality is that many of the purchase by the fitness room less than 5 years of homeowners, still in 5 years and buy a house to sign a real estate transfer contract, but because of policy, Sale contract in the provisions of more than 5 years after the transfer procedures.
 
This circumvention of the policy, until 2015, most local courts still recognized the sale of the contract is valid. Real life occurred by the fitness room trading disputes, often due to the seller saw the surge in house prices, feeling lost, and regret to sell at low prices, which will be prosecuted to the court to confirm the purchase of the contract by the fitness room is invalid. However, the court for the maintenance of the principle of good faith, as far as possible to facilitate the consideration of the transaction, as long as the litigation purchase of 5 years, are generally confirmed that the contract is valid, dismissed the seller's claim.
 
There is a saying that this time also, one time also. The effectiveness of the contract, the recent view of the court compared with the previous, can be described as big change. Nanjing Intermediate People's Court on April 7, 2016 in the second instance verdict of a settlement contract dispute, despite the case before the case involving real estate purchase has been 5 years, the hospital still confirmed that the transfer contract is invalid. The court's reason is that the two sides signed a real estate transfer contract time is in a 5-year trading period, not only in violation of the relevant provisions of the State Council, undermined the management of the fitness room order, but also undermined the national interests and social and public interests.
 
It is necessary to introduce the provisions of our law for the contract invalid. Article 52 of the Contract Law stipulates that the contract shall be invalid if one of the following circumstances is true: (1) A party enters into a contract by means of fraud and coercion and damages the interests of the state; (2) Malicious collusion, damage to the State, collective or (3) to cover up the illegal purpose in a legal form; (4) to harm the public interests of the society; (5) compulsory provisions of the law and administrative regulations. Nanjing Intermediate People's Court is to quote the terms of the decision.
 
As a result of the court's view of a large reversal, a grim reality on the already purchased but not yet have the transfer procedures by the fitness room buyers in front of: the contract is invalid, means to "two return", that is, the seller returns home purchase, buyers Return to the house. The problem is that the house is still the house, but the village has become a lady. Then the buyer how to minimize their losses? Article 58 of the Contract Law provides that: the contract is invalid or be revoked, because the contract to obtain the property should be returned. Can not be returned or not necessary to return, should be discount compensation. The fault of the party should compensate the other party suffered losses, both sides have fault, they should bear the corresponding responsibility. Specifically, the seller's claim to confirm the transfer of the contract by the fitness room is invalid, the buyer should actively respond to, and according to the law to counterclaim, ask the other party to pay back the principal, and the full compensation for real estate prices and purchase price difference loss The Such as the buyer after the purchase of the house was renovated, you can also claim compensation for renovation salvage value. Of course, the court generally does not fully support the buyer's claim to compensate for the above losses. Because the sale of fitness room in violation of national policy, both sides have fault. But as a source of the seller has a greater number of fault, the corresponding responsibility is also greater.
 
In the case of the whereabouts of the seller is unknown, the buyer if you want to legally apply for real estate transfer procedures or can get back paid, get the relevant loss compensation, how to do it? Buyers can sue the seller, Even if the whereabouts of the seller is unknown, the court can still start the civil proceedings of the proceedings, but the defendant is the seller of the notice to serve the litigation documents. If the buyer wants to legally obtain the ownership of the house, you can participate in the auction in the court to participate in the auction, and through the litigation to determine the claims (paid, the relevant compensation) to offset part of the purchase; if the buyer to give up Real estate as long as the money, you can ask the court to buy the property to pay their claims through the seller to pay the amount of money.