A lot of disputes arise in second-hand housing sale contract

Source: Internet
Author: User
Keywords Seller
Tags agencies common property continue continued contract disputes default learned type
In recent years, second-hand housing sales contract disputes rapid growth, the reporter from Beijing Fangshan Court Sinus Restaurant Court learned that the court in the first quarter of this year to accept the case of second-hand house sale contract disputes investigation, found that such cases mainly have the following characteristics: One is affected by the continued rise in housing prices, the seller's default case surge.  In order to maximize the interests of the seller, refused to continue to perform the signed house sale and purchase contract, resulting in a large number of second-hand housing disputes emerged. Second, the plaintiff's lawsuit request appears the obvious type. The third person is the plaintiff, the house belongs to the family common property, the sale without its consent, the request confirms that the house sale contract is invalid.  The other is to cancel the contract and request the seller to return the deposit twice, or request the seller to continue to perform the contract on the basis of the buyer's plaintiff and the seller's breach of the contract. Third, the "Black and white contract" exists in large numbers, increasing the difficulty of court hearing.  Buyers and sellers in order to evade or reduce taxes, often signed two contracts, the housing price to make an inconsistent agreement, that is commonly known as the "Black and white Contract", of which there are many "black contract" is to take oral form, forensics more difficult, increased the difficulty of court trial. Four is that the contract of sale often overlaps with the intermediary contract, and the agency is sued as the second defendant.  Because the buyers and sellers are through intermediary agencies to sign the sale and purchase contract, and the intermediary agencies responsible for handling the relevant formalities, leading to the relevant intermediary agencies are involved in a large number of second-hand housing transactions in the case, the legal relationship is more complex. Five is the majority of the housing involved with mortgage rights, which caused disputes. When buying a house, the seller usually makes a loan through a bank or a guarantee company and sets up a mortgage on the purchased house. Therefore, the sale of this type of second-hand housing, more than 90% of the contract agreed to the buyer to pay a portion of the cash, the seller used the money to the bank for the settlement, and then the house transfer procedures.  In practice, the process of handling procedures is very easy to appear disputes. Six is the difference between the buyers and sellers is large, difficult to mediate. Driven by interests, the parties to such cases are divided between the two parties, a strong demand for housing, the other party strongly advocated the dissolution of the contract, making the mediation work is very difficult, the two sides reached a small proportion of conciliation agreement. "China Quality News"
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