Judicial Interpretations on Housing Sales, the latest judicial interpretations on housing sales

The latest judicial interpretations on the sale and purchase of commercial housing are as follows: 1. The term "contract for the sale and purchase of commercial housing" as used in this interpretation refers to the sale and transfer of the ownership of the house to the public by a real estate development enterprise (hereinafter collectively referred to as the seller) in which the real estate development enterprise (hereinafter referred to as the seller) sells and transfers the ownership of the house to the buyer, and the buyer pays the price. If the seller has not obtained a 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 permit for commercial housing before filing a lawsuit, it may be deemed valid.

2. The sales advertisements and promotional materials of the commercial housing are invitations to make an offer, but if the explanation and promise made by the seller on the housing and related facilities within the scope of the commercial housing development plan are specifically determined, and have a significant impact on the conclusion of the commercial housing sales contract and the determination of the housing **, it shall be regarded as an offer. Even if the explanation and promise are not included in the contract for the sale and purchase of commercial housing, they should be regarded as the contents of the contract, and if the parties violate it, they shall bear the liability for breach of contract. 3. If the seller accepts a deposit from the buyer as a guarantee for the conclusion of the contract for the sale and purchase of commercial housing by means of subscription, ordering, reservation, etc., if the contract for the sale and purchase of commercial housing cannot be concluded due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on the deposit; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

Legal analysis: The judicial interpretation of the contract for the sale and purchase of commercial housing is as follows: if the buyer has paid more than 75% of the total price of the subject matter, and the seller claims to take back the subject matter, the people's court will not support it; Where a third party has already acquired ownership of the subject matter in good faith, and the seller claims to take back the subject matter, the people's court will not support it; If, after the seller has taken back the subject matter, the buyer eliminates the seller's reasons for retrieving the subject matter within the redemption period, the people's court shall support it.

Legal basis: "Measures for the Management and Failure of Commodity Housing Sales" Article 7 Commodity housing for sale shall meet the following conditions:

1) The real estate development enterprise of the commercial housing for sale shall have the business license of the enterprise legal person and the qualification certificate of the real estate development enterprise;

B) to obtain a certificate of land use rights or approval documents for the use of land;

3) Holding construction project planning permits and construction permits;

4) has previously passed the completion acceptance;

5) Demolition and resettlement have been implemented;

6) Water supply, power supply, heating, gas, forest dry clear communication and other supporting infrastructure have the conditions for delivery and use, and other supporting infrastructure and public facilities have the conditions for delivery and use or have determined the construction progress and delivery date;

7) The property management plan has been implemented.

Legal Analysis: In order to correctly and promptly hear cases of disputes over commercial housing sales contracts, this Interpretation is formulated in accordance with the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Urban Real Estate Management Law of the People's Republic of China, the Guarantee Law of the People's Republic of China and other relevant laws, combined with the practice of burying judgments in civil trial files.

Legal basis: Interpretation of the Supreme People's Court on Judicial Differences in Disputes over Commercial Housing Sales Contracts

Article 1 The term "contract for the sale and purchase of commercial housing" as used in this Interpretation refers to a contract in which a real estate development enterprise (hereinafter collectively referred to as the seller) sells a house that has not yet been completed or has been completed to the public and transfers the ownership of the house to the buyer, and the buyer pays the price.

Article 2 If the seller has not obtained the certificate of pre-sale of commercial housing, the contract for the pre-sale of commercial housing concluded with the buyer shall be deemed invalid, but if the certificate of pre-sale license of commercial housing is obtained before filing a lawsuit, it may be deemed valid.