How to deal with common disputes over commercial housing sales contracts

It can be resolved through negotiation, complained to the relevant departments, or directly sued the court.

Handling of common disputes in the sale and purchase of commercial housingExecutive summary. The validity of the commercial housing subscription agreement signed without obtaining a pre-sale license**.

a) A case.

1.The facts of the case.

2.The plaintiff's claim and the defendant's arguments.

3.Determination of the first instance.

4.Determination of the second instance.

The validity of the commercial housing subscription agreement signed without obtaining a pre-sale license**.

2) Related issues**.

1.Which court was correct?

2.How should Article 52(5) of the Contract Law be understood?

1) Scope of laws and administrative regulations.

2) Scope and identification of mandatory provisions.

For example, articles 39 and 45 of the Urban Real Estate Management Law.

3.How to understand Article 4 of the Judicial Interpretation on Disputes over Contracts for the Sale and Purchase of Commercial Housing?

1) Does the pre-sale license have to be pre-licensed?

2) What is the relationship between the subscription agreement and the pre-sale contract of commercial housing?

3) Which contract is the main contract as opposed to the deposit contract?

4.How to understand and convince judges of difficult laws in legal practice?

1) Interpretation or explanation by an authoritative authority (e.g., Article 4 of the above-mentioned judicial interpretation), 2) Systematic interpretation and logical interpretation (same as above and Article 74 of the Property Law), 3) Legislative background and purpose (Article 74 of the Property Law).

4) Social effect (pay the property fee first and then hand over the house).

The issue of whether the buyer can claim to terminate the contract for the sale and purchase of commercial housing on the grounds that the change in loan policy is force majeure**.

a) A case.

1.The facts of the case.

2.The plaintiff's claim and the defendant's arguments.

3.Determination of the first instance.

4.Determination of the second instance.

2) Related issues**.

1.Problems identified in the first instance (Articles 41 and 125 of the Contract Law) 2Problems in the second-instance determination (foreseeable, determination of the validity of standard clauses) 3The definition of "taking a reasonable manner" in article 39 of the Contract Law.

4.Interpretation of Article 40 of the Contract Law.

5.The logical conflict between Articles 39 and 40 of the Contract Law and the understanding of Article 10 of the Judicial Interpretation were published on 2014-06-18

Legal analysis: 1. Complaints. Go to the appropriate department to file a complaint.

2. Negotiation. The two sides relied on their own strength to compromise and make concessions to each other to resolve the dispute. 3. Mediation.

The intervention of a third party induces the parties to the dispute to forgive each other, provoke mutual understanding and concessions, and finally resolve the conflict. 4. Arbitration. A dispute resolution mechanism that submits disputes to arbitration institutions and adjudicates them in the middle.

5. Litigation. A system in which one party submits a request to the court and the court adjudicates the dispute.

Legal basis: Article 122 of the Civil Procedure Law of the People's Republic of China? Where a party sues a civil dispute in a people's court and it is appropriate to mediate, mediation is to be conducted first, except where the parties refuse to mediate.

Disputes over commercial housing sales contracts can be handled through negotiation. If the negotiation fails, the relevant departments may be requested to conduct mediation. If mediation fails, and an arbitration clause is stipulated in the contract or an arbitration agreement is reached, arbitration may be applied.

If there is no arbitration clause or arbitration agreement is reached, a lawsuit may be filed with a court of competent jurisdiction in accordance with law.

[Legal basis].

Article 10 of the Civil Code of the People's Republic of China shall handle civil disputes in accordance with the law; Where the law does not provide for it, custom may be applied, but it must not be contrary to public order and good customs. Article 119 of the Civil Procedure Law stipulates that the following conditions must be met for a lawsuit: (1) the plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims and facts and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The method for dealing with disputes over the sale and purchase contract of the commodity preparation house is as follows: the buyer and the seller negotiate and deal with it by themselves; mediation by a third party; Shouting is handled by filing a civil lawsuit with the people's court; or by applying to an arbitration institution for arbitration.

[Legal basis].Article 577 of the Civil Code.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 119 of the Civil Procedure Law of the People's Republic of China.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

(2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

(4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 120.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Article 4 of the Arbitration Law of the People's Republic of China.

Where the parties use arbitration to resolve disputes, both parties shall voluntarily reach an arbitration agreement. In the absence of an arbitration agreement, if one party applies for arbitration in imitation of infiltration, the arbitration commission shall not accept it.

In the event of a dispute over the sale and purchase contract of commercial housing, the parties can file a lawsuit in the court where the house is located, and the indictment and relevant evidence should be collected before filing a lawsuit. According to the provisions of the Civil Procedure Law, after a dispute arises over the sale and purchase of commercial housing, the parties can write a complaint, collect relevant evidence, and then file a lawsuit with the people's court where the house is located.

Civil Procedure Law of the People's Republic of China

Article 33: The people's courts provided for in this article have exclusive jurisdiction over the following cases:

1) Litigation arising from real estate disputes shall be under the jurisdiction of the people's court at the place where the immovable property is located;

2) Litigation arising from disputes arising from port operations shall be under the jurisdiction of the people's court at the place where the port is located;

3) Litigation arising from inheritance disputes shall be under the jurisdiction of the people's court at the place where the decedent is domiciled at the time of his death or where the main estate is located.

Article 119:Requirements for initiating a lawsuit: The following conditions must be met for initiation:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

(2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

(4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 120:The indictment shall be submitted to the people's court for a form of prosecution, and a copy shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.