您的浏览器版本过低,为保证更佳的浏览体验,请点击更新高版本浏览器

以后再说X
SCOPE

Business Area

Business Area

Property purchase and sale disputes

Real estate purchase and sale disputes refer to disputes over real estate rights and interests arising from the purchase and sale of real estate, including disputes arising from incomplete purchase and sale procedures, one party reneging on performance of the contract, and a third party claiming property rights to revoke the purchase and sale contract. 1、 Review whether the subject qualifications of the buyer and seller are legal This is a prerequisite for correctly handling real estate sales disputes, including whether the seller has the right to sell and whether the buyer has the right to purchase. For example, whether the seller is the owner of the real estate, whether the real estate being sold is privately owned or jointly owned or jointly owned by several people, and whether other co owners agree to sell it. If the seller is not the owner of the real estate, it is necessary to investigate whether the seller has legal or entrusted disposal rights over the sold real estate. If the answers to these questions are affirmative after examination, it can be considered that the seller's subject qualification is legal. For real estate buyers, it is necessary to examine whether they have the right to purchase and whether they are qualified parties. 2、 Review whether the willingness of both buyers and sellers is genuine Whether the true intentions of both parties can be expressed in the sales contract is an important reason for the occurrence of a sales dispute. In the process of handling, it is necessary to carefully examine whether one party has engaged in fraud, concealment, coercion against the other party, or taken advantage of others to cause the other party to sell or purchase real estate against their true intentions; Whether the real estate sales contract is significantly unfair; Whether one party has significant misunderstandings about the contract, etc. 3、 Review whether the formal requirements of real estate sales contracts are met It mainly includes two aspects: firstly, to check whether the real estate transaction has taken the form of a written contract and whether the main terms are complete; The second is to see if property rights transfer registration has been carried out with the real estate management department in accordance with relevant national laws and regulations, as well as relevant rules and regulations of local people's governments. The purchase and sale of urban private houses should be treated differently based on the specific circumstances before and after the implementation of the "Regulations on the Management of Urban Private Houses". 4、 Review whether real estate sales activities have violated legal regulations If both parties have used legal means to cover up illegal purposes in the sale of houses; Has the right of first refusal under equal conditions been maintained; Whether the sale of houses that enjoy government or unit subsidies or preferential treatment for purchase and construction has expired the ban on sale period; Has it infringed on the right of first refusal of the original property unit. After trial, those who have established a buying and selling relationship through legal procedures should be maintained; If the real estate of another person is illegally purchased or sold, the buying and selling relationship shall be invalid; Before the issuance of the "Regulations on the Administration of Urban Private Housing" by the State Council, as long as both parties are willing, have signed a contract, paid the house price, and actually managed the house, and there are no other illegal behaviors, the buying and selling relationship should be recognized as valid. If the procedures are incomplete, they should be ordered to complete the procedures. In the practice of handling real estate transaction disputes, special attention should be paid: no unit or individual is allowed to engage in private transactions, and any private transactions will have invalid transaction relationships. Some disputes over real estate sales are handled by administrative authorities, while others are tried by people's courts. To ensure the proper handling of sales disputes, the relevant parties should also actively provide the following documents to the administrative competent department handling the dispute or the people's court handling the dispute case: (1) The real estate sales contract includes the name, age, address, and relationship with the parties involved of the buying and selling intermediary. If the property rights have been transferred, the property ownership certificate and land use certificate should be provided; (2) If buying or selling a jointly owned house, a certificate of consent from other co owners and evidence of waiver of the right of first refusal, including the lessee, should be provided; (3) Evidence of payment and receipt by both parties.

online customer service
contact us

hotline

+86 15951951535

office hours

Monday to Friday

company tel

025-85552110

QR code
online customer service