Check out tide and other real estate disputes climbed strict audit buyers to terminate the contract application

Broken supply Tide, Check-out tide led to real estate dispute cases climbed the highest law: strict trial buyers to terminate the contract application-according to Xinhua news agency, Beijing, July 19, with the deepening of the international financial crisis, the real estate industry in China has a greater impact. To do a good job in real estate dispute cases, the Supreme People's Court 19th issued "on the current situation to further improve the real estate dispute cases of trial guidance."　　The 11 trial guidance document is an important measure for the Supreme People's Court to provide a strong judicial guarantee for the "growth, Pao Minsheng and stability" in the current situation. The reporter learned from the Supreme People's Court that from January 2009 to June, the national court to accept real estate civil cases 67,294, up 10.58% year-on-year.　　While the number of cases has increased dramatically, there has been a significant increase in difficult and complex types of cases, and many new and new problems have arisen.　　The person in charge of the Supreme People's Court said that at present, the commercial housing market downturn, real estate enterprise capital chain rupture, and then triggered back to the tide, cease to flow, the tide of off, check out tide, the number of real estate disputes, the corresponding rapid increase in the international financial crisis under the impact of the To properly focus on the case of real estate chain disputes as the guiding point of opinion, it is proposed to properly handle the cases of chain disputes such as the arrears of the project payment by the employer due to the financial difficulties of the construction project and the contractor's arrears of the work of the Labor subcontractor. To co-ordinate the interests of all parties, increase the intensity of case mediation, and strive to revitalize the existing stock of funds through case trials, to achieve a mutually beneficial win and win results.　　If mediation fails, we should comprehensively consider the whole situation of the chain case, according to the solvency of the parties and the capital demand of the other party, determine the repayment period, repayment mode, to avoid the chain of cases triggered group events to affect social stability. "Opinions" pointed out that in order to properly deal with all types of housing transactions contract disputes, stabilize the housing market in accordance with the law to properly deal with housing sales advertising disputes, subscription Agreement in the deposit dispute, housing quality disputes, housing area disputes, sanctions malicious breach, to protect the interests of home buyers For real estate developers do not timely delivery of housing due to the temporary difficulties of funds, to do more mediation work between the parties, there is no possible case of conciliation, according to the specific circumstances of the case, reasonable adjustment of the amount of liquidated damages in accordance with the law, a fair solution to the liability for breach of contract; for the buyer's request to lift the dispute case of commercial housing contracts,　　We should strictly review the law, not to discharge the conditions of rescission, to guide the parties to face the market risk rationally, and jointly maintain the integrity of the market transaction order. "Opinions" clearly put forward, to properly deal with the case of commercial housing mortgage contract disputes, the maintenance of real estate financial system security in the trial of commercial housing buyers in arrears of bank loans arising from the disputes, the legal rights and interests of banks should be protected; To provide clues to the investigative organs in a timely manner.