In the past few years, the housing prices remained high, relatively cheap resettlement housing transactions are more common, most of the resettlement houses because of the lack of property rights registration, that is, the outside world, in the case of **, the seller may delay the increase in price, resulting in a large number of resettlement housing transfer caused by lawsuits. The fundamental reason for this type of dispute is that the parties are not clear about the transaction process of resettlement housing and the contract is not clear. For the buyer, the completion of the delivery and closing of the transaction is the completion of the transaction. In most cases, the purchase of resettlement housing requires the first-hand real estate certificate before the transfer. Specifically, in the resettlement housing transaction, the following points need to be noted:
1. Who to trade with - the owner of all rights to the house.
Most of the resettlement houses to be ** are based on the demolition of houses on collective land, a household may have several sets of resettlement houses, and the person who signs the demolition and resettlement agreement is also the head of the household or the household representative, and the resettlement object is all eligible members of the household, so the resettlement house is the common property of the household, even if the property rights are registered, the house is not all owned by the registered right holder. Therefore, before purchasing a resettlement house, it is necessary to understand whether the resettlement house to be purchased involves other persons, mainly through the demolition and resettlement agreement, or the agreement of each right holder on the division of the resettlement house, confirming that the person to sign the sales contract is the sole right holder of the resettlement house.
If the resettlement house is obtained based on the demolition of houses on state-owned land, the name of the resettlement agreement is also the compensation agreement for a certain project on state-owned land, etc., and the person to be demolished registered on the resettlement agreement is generally the actual right holder, and it is sufficient to sign a contract with the person.
Whether it is a resettlement house obtained through the demolition of houses on state-owned land or the demolition of houses caused by collective land expropriation, if the resettlement house has already been registered, based on the principle of publicity and public trust, as long as there is no malicious collusion, the signing of a contract with the registered property owner and the transaction are generally protected by law.
The last point is very important, if the house to be purchased has not been registered, and the right holder is an elderly person in his seventies and eighties, it is not recommended to buy, it is not discrimination, it is because of the resettlement house** It is a matter of several years or even more than ten years, when the elderly may not be alive, in the case of the old man's heirs do not cooperate with the registration and transfer of ownership, for the purchaser, the lawsuit needs to sue all the legal heirs of the elderly, and the transaction between strangers is difficult to grasp the identity information of all the heirs, and there are even complex situations such as the heirs have passed away and thus the inheritance is generated, and the litigation procedure is more difficult. The author of the lawsuit in this case handled it together, and the process was too tortuous.
2. What type of resettlement housing can be bought - it is best to buy resettlement houses that have been registered with property rights, followed by resettlement houses that have actually been delivered, and resettlement houses that have not yet been delivered should not be purchased as much as possible.
As mentioned above, transactions with registered property owners are protected by law, and if there is a choice, the purchase of resettlement housing that has already been registered has the least risk, followed by the delivery of resettlement housing that has not yet been registered. For resettlement houses that only have a resettlement agreement and have not yet been delivered, it is recommended not to buy, the house has not yet been delivered, but there are too many uncertain factors, such as the specific location of the house, the actual area obtained, etc., the more uncertain factors, the higher the risk.
3. How to design contract terms - standardize the design to cooperate with the transfer and breach of contract clauses.
Subject of the contract: For resettlement houses that have been delivered but have not been registered with property rights, all rights holders can act as sellers, or one person can be authorized in writing by all rights holders as a party, but the final legal effect belongs to all rights holders. If the resettlement house has been delivered without property right registration but has been actually divided internally, the transaction shall be made with the right holder on the division agreement (on the premise of verifying the authenticity), and the division agreement shall be annexed to the contract.
Transfer clause: For the resettlement houses that have been delivered but have not been registered, it is agreed that once the first property is available, the seller shall actively cooperate with the first-hand real estate ownership certificate, and within a certain period of time after the first (it is recommended to be clear), the resettlement house will be transferred to the name of the buyer or the person designated by the buyer, and how to bear the resulting taxes and fees.
For the resettlement house that has been **, if the property certificate is less than 2 years, it can be agreed that the 2-year period will expire, and the seller shall cooperate with the transfer within a certain period of time after the expiration of the 2-year period (it is recommended to be clear), and if it has been 2 years, it should cooperate with the transfer within a little time after the down payment is paid (it is recommended to be clear), and how to bear the taxes and fees arising from the transfer.
Breach of contract: If the buyer fails to pay the price in full and on time, it shall be deemed to be in breach of contract, and shall pay liquidated damages on a daily basis according to 5/10,000 of the unpaid amount (the standard can be adjusted according to the facts) from the date of overdue until the full amount payable is paid.
If the seller fails to cooperate with the transfer of ownership as agreed in this agreement or fails to complete the transfer procedures due to the seller's reasons, it shall be deemed that the seller is in breach of contract, and the seller shall bear the liability for breach of contract according to 20% of the total house price. The seller's family conflict and other reasons that lead to the inability to go through the transfer procedures are regarded as the seller's reasons.
If either party breaches the contract and a lawsuit arises therefrom, the breaching party shall bear all reasonable expenses for rights protection such as litigation costs, transportation expenses, and attorney fees incurred by the other party.
At present, there are many disputes caused by resettlement housing transactions a few years ago, mainly due to unclear contract agreements and housing prices, which lead to the seller's unwillingness and intention to increase the price. If it is caused by the unclear contract, it can be submitted to the judicial decision through litigation, if it is intended to increase the price, the author believes that it is not necessary, if it is insisted on going its own way, there is a high probability that it will be fruitless in the end, and it may be necessary to pay more costs for breach of contract.