Prevent "one room two sale" don't forget to notice registration
reporter from the city's 148 coordination command center, the property property disputes rose sharply as the property transaction volume increased. 156 legal consultations were received last month, an increase of 34% over September. Among them, "one room two sell" and "community parking" problem is the most prominent.
last September, Ms. Liu bought a set of real estate at a price of 7000 yuan / square meter in a real estate in the city. After signing a formal purchase contract with developers, Ms. Liu paid a total of 200 thousand yuan in cash. Later, the two sides agreed that the final payment date was September 2010. In mid August, Ms. Liu received the developer's notice that the house had been sold to someone else. It turned out that the property price that Liu bought has risen to more than 9000 yuan / square meter. After many negotiations with developers, the result is only one - no room to buy. The same thing with Ms. Liu, Ms. Li said on the phone that the house she had bought in advance was still sold to others by the developer on the premise of paying 20 thousand yuan, and the housing registration procedure was handled. Ms. Li was unable to return to the house.
the reporter learned that "one room two sale" means that the seller, successively or at the same time, sold the same house to two different buyers with or at the same time with two sales contracts. It is also called the double sale of the house. 148 the lawyer indicated that, according to the fifteenth article of the property law, "the contract between the parties to establish, change, transfer and eliminate real property of real property, except as otherwise stipulated in the law or contract, is effective at the time of the establishment of the contract; it does not affect the validity of the contract." The establishment and entry into force of a housing sales contract is a prerequisite for the registration of transaction houses, but whether the property certificate is obtained will not affect the effectiveness of the transaction contract. After the implementation of the property law, citizens must register with the real estate authorities when buying houses. In order to prevent the owner or developer of "one house two sale", the buyer can apply to the relevant department to register with the relevant department in accordance with the provisions of the twentieth article of the real property law before the registration of the property rights law. After the announcement, the owner of the house is not entitled to sell the house to a higher price without the consent of the right holder (or the buyer) without the pre registration. People. If you don't have a registration procedure when you buy a house, and the owner or developer has sold it to someone else, and the property rights of the house are registered in the name of others, you lose the property right of the house. However, you and developers of this contract is effective, you can ask the developer to bear the responsibility for breach of contract, to compensate for your economic losses. However, 148 lawyers said that although the "property law" has been formulated in the corresponding provisions, but the "notice registration" system can not be known and mastered for the majority of the buyers, the problem is still occurring. The problem of "parking in the community" is still very prominent. Last month, the 148 hotline caused a dispute between the owner and the property company, which mainly focused on the allocation of parking space, the parking of vehicles, how to charge the parking fees, and how to compensate for the damage to the car. Mr. Liu said that the new property company that lived in the residential district asked the owner to handle the card and charge the parking fee from July to December. Some owners thought that the charges were unreasonable and did not pay, resulting in the vehicle being unable to enter and park normally. 148 the lawyer replied that the fees charged by the property company were obviously wrong and could be resolved through consultation by the owners' committee. Under the coordination of many parties, the owner and the property finally reach an agreement, and the property company takes away the cost of the card and reduces the parking fee for one month.