Buying a house for one year can not be used as a second-hand house in Ji'nan
to buy a house for more than a year but not to settle, this let the citizens of Xu and her husband is very anxious: Although there is a clear agreement in the purchase contract, but the original household account is slow to move away, their account will not fall, how do the children do? The original owner: sold the house did not move the account
2009 February, Ms. Xu and her husband paid the about 300000 yuan of the original owner's house at once. According to the purchase contract, in the 1 months after Ms. Xu paid the full rent, the original owner must move the account. If it is not removed within the agreed period, the original owner will have to pay Ms. Xu certain compensation. "We are too young and inexperienced to pay all the housing bills without waiting for the original householder to move the account." Ms. Xu now remembers very regretful, she said, at that time felt that had the purchase contract to have the safeguard, the original householder should not break the agreement. After 1 months of the agreed period, she urged the other party to move away from the household registration.
Ms. Xu and her husband were both units collectively registered accounts and did not rush to settle down at the beginning. At the same time, in order to take care of each other's children's college entrance examination, the two people promised to wait for the other child to move to the Hukou after the end of the college entrance examination this year.
"now the university is open, and the other party is still reluctant to move to the hukou." Ms. Xu said, now that the phone can not be connected to the other person, people can not contact, the account migration problem can not be solved. "We do not want to catch up with the penalty. Now we just want to drop the account as soon as possible, and our children's account will also be available." She said.
City Public Security Bureau: "second-hand house falling difficult" non case
this, Wang Guan Zhuang police station police told reporters that, according to the state's existing regulations, only the original owner will move away, the new owner can settle. In this case, the police station has no effective solution. At present, it can only help them find out the effective information about the original owner, so as to contact the original owner as soon as possible to facilitate the negotiation and settlement of the two parties.
"this is not the case." Ji'nan City Public Security Bureau household management office personnel said that they had received many phone calls to reflect the "second-hand housing accounts can not fall" situation.
in accordance with the law, after the sale of housing, the original owner was originally an obligation to move the residence, but many buyers in the second-hand housing sale, there is no attention to the account problem, especially young buyers are not high vigilance.
lawyer: second hand housing buyer to "one hand"
Beijing law law firm lawyer Hao Jiyong, because the household registration is the administrative act of the public security department, so the residence registration is related to the legal relations and administrative legal relations, the court is not in the second-hand housing business dispute. The residence registration is directly decided. This makes housing disputes in the event of household disputes, buyers will be very headache. "If a seller refuses to move out, the account of the person who can buy a house can not move in, thus affecting the children's enrollment." Hao Jiyong reminding, the buyer in the transaction process, should have the legal consciousness, pay attention to "keep one hand", can in the contract stipulate that the seller will move out of the account before completing the transaction, and can take the way of retaining part of the house, so as not to be broken.
Hao Jiyong / > Hao Jiyong said that because the court's liability for the breach could completely be made by the seller, it was suggested that the buyer should move out of a strict liability for breach of account in the purchase contract, such as an agreement that "a certain period of time not to move out of the residence, and to pay a huge amount of liquidated damages" in order to restrict the future. An act of breach of contract. When necessary, the public security organ may also inquire about the household registration status of the transaction housing.