What are the reasons for the invalidity of the commercial housing sales contract?

The invalidity of a sales contract includes the violation of the mandatory provisions of laws and administrative regulations, as well as public order and good customs. Contracts concluded with malicious collusion to the detriment of the interests of others are invalid. The sales contract concluded by a person without civil capacity is invalid, etc.

According to Article 153 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, civil juristic acts that violate the mandatory rules of laws and administrative regulations are invalid. However, there is an exception where the mandatory provision does not invalidate the civil juristic act. Civil juristic acts that violate public order and good customs are invalid.

Article 154 of the Civil Code: Civil juristic acts where the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.

Legal analysis: the circumstances under which the contract for the sale and purchase of commercial housing is invalid are: 1. The loan contract implemented by a person without civil capacity; 2. A loan contract implemented by the actor and the counterparty with false expressions of intent; 3. Violating the mandatory provisions of laws and administrative regulations, and violating public order and good customs.

Moreover, the invalid private loan contract is not legally binding from the beginning.

Legal basis: Civil Code of the People's Republic of China

Article 143:Civil juristic acts with the following conditions are valid: (1) the actor has the corresponding capacity for civil conduct; (2) The intention to split the head is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 144:Civil juristic acts carried out by several persons who lack capacity for civil conduct are invalid.

Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. The effectiveness of civil juristic acts concealed by false expressions of intent is to be handled in accordance with the relevant legal provisions.

Article 155:Civil juristic acts that are invalid or revoked are not legally binding from the beginning.

The circumstances that are invalid during the performance of the sales contract of Shangchan old property are: the real estate is sold separately, and the contract is invalid; The two actors maliciously colluded to raise the wheel, and the contract was invalid; There is a problem with the subject of property rights, and the contract is invalid; infringement of the right of first refusal, the contract is null and void; If the unit purchases a house in violation of the regulations, the contract is invalid; ** Fraud, manifest unfairness, invalid contract; Illegal transfer, the contract is null and void.

Article 153 of the Civil Code is invalid for civil juristic acts that violate the mandatory provisions of laws and administrative regulations. However, this is an exception where the mandatory quarrel and credibility provisions do not cause the civil juristic act to be invalid. Civil juristic acts that are contrary to public order and good customs are invalid.

Article 154 of the Civil Code: Civil juristic acts where the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid. Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commodity Housing provides that if the seller fails to obtain a certificate of pre-sale permit for commercial housing, the pre-sale contract for commercial housing concluded with the buyer shall be deemed invalid, but if the seller obtains a certificate of pre-sale license for commercial housing before filing a lawsuit, it may be deemed valid.

Legal analysis: 1. Losses in the sale and purchase contract of atrial fibrillation in violation of laws, regulations and policies.

2. The parties are not qualified.

3. The parties' intentions are untrue, including fraud, coercion and taking advantage of others.

4. Violation of statutory form, such as the sale and purchase contract of the house is not in written form.

5. Malicious collusion between one party to the contract and a third party.

6. Other circumstances in violation of laws and regulations.

Legal basis: Article 148 of the Civil Code of the People's Republic of China provides that if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

The contract for the sale and purchase of commercial housing refers to a contract in which a real estate development enterprise sells a house that has not yet been completed or has been completed to the public, transfers the ownership of the house to the buyer, and the buyer pays the price.

1. The contract is invalid due to the improper entity of the seller.

There are two cases:

1) The seller does not have the qualifications of the development entity;

2) The seller is not qualified to sell.

2. The contract is invalid due to the improper entity of the buyer.

This is mainly the case where the buyer does not have the right and capacity to enter into a contract.

3. The seller deliberately conceals the fact that the house sold is mortgaged.

4. The seller sells the house for demolition and resettlement.

Legal basis: Article 48 of the Contract Law: If the actor does not have the right to exceed the right or the contract concluded in the name of the person subject to the contract after the termination of the right, it shall not be effective against the person subject to the contract without the recognition of the person being recognized, and the actor shall be liable.