Legal issues regarding the sale and purchase of houses, the latest laws on disputes over the sale an

In the circumstances you described, your friend could have sold the house directly, and his current situation should be determined to be as stipulated in Article 99 of the Property Law: if there is a serious reason to divide it, he can request division. If the act of division causes damage to the other co-owners, compensation is required; About how to divide?

Because, you didn't describe the structure of the house, such as the detached courtyard? Or are they all in one room? Let's explain the situation:

The detached courtyard belongs to the property without separation, and only its own part can be sold. If the brother does not agree, he can sue the court to ask the court to divide the price of the house, and the basic court where the house is located has jurisdiction;

The relevant legal bases are listed below

According to China's Property Law

Article 99: Where the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but where the co-owners have major reasons to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons for the division. Where damage is caused to other co-owners as a result of the division, compensation shall be given.

Article 100: The co-owners may negotiate to determine the method of division. If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished by the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided.

1.According to the law, the property you are talking about is a joint property.

2.The disposition of jointly owned property shall be subject to the consent of all co-owners, unless otherwise agreed between the co-owners.

1. How to protect the rights of housing sales in the Civil Code

The Civil Code stipulates that if a dispute arises from the sale and purchase of a house, the rights can be protected in the manner agreed by Hetong Zhengtong. If the two parties fail to reach a successful agreement, they may file a lawsuit with the people's court.

Civil Code of the People's Republic of China

Article 470: [Main Terms and Model Texts of Contracts] The content of a contract is agreed upon by the parties, and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Civil Procedure Law of the People's Republic of China

Article 3 Scope of Application.

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 119:Requirements for initiating a lawsuit.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, a person confessed by the judicial bureau, or other organizations that have 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.

2. How to resolve disputes over the sale and purchase of houses

1. Negotiation settlement: the parties to the dispute negotiate on their own, and properly resolve it equally, mutually beneficial, reasonable and paid; It is mainly based on the contract concluded between the parties to negotiate and resolve the real estate dispute between the two parties to the dispute. If the parties to the dispute cannot be resolved through negotiation, they may file a complaint with the competent administrative authority, or apply for arbitration, or file a lawsuit with the people's court according to the nature of the dispute and the legal relationship.

2. Handling by the administrative organ ex officio: After one of the parties to the dispute complains to the administrative organ, the administrative organ shall accept the complaint according to the scope of its jurisdiction and make an administrative decision in accordance with the relevant laws, administrative regulations and rules. If the parties are dissatisfied with the administrative decision, they may file a reconsideration or file an administrative lawsuit, and in addition to the final reconsideration, they must file an administrative lawsuit with the people's court within 15 days from the date of receipt of the reconsideration decision.

However, once an administrative decision is made, it can be enforced, and the filing of an administrative reconsideration or lawsuit does not stop enforcement.

3. Arbitration or litigation procedure settlement: If the dispute is not under the jurisdiction of the administrative authority, the parties may apply for arbitration or file a civil lawsuit. There must be an agreed arbitration agreement to apply for arbitration, and if there is no agreement, no arbitration can be applied for, and only a civil lawsuit can be filed.

The arbitration shall be final. After the award is rendered, the parties may not apply for arbitration again or file a lawsuit in the people's court for the same dispute.

Through the above analysis, it can be known that if there is a dispute in the sale and purchase of a house, if there is an agreement in the contract, it shall be handled in the manner agreed in the contract. If there is no agreement or the agreement cannot be reached, the parties may file a lawsuit in the people's court. If you need legal help, you can go and ask for advice.

Legal analysis: The most important thing to pay attention to is to look at two certificates, one is the state-owned land use certificate, and the other is the pre-sale license. Be sure to look at the original, and see clearly whether the pre-purchased house is within the scope of pre-sale to ensure that the property right certificate will be handled smoothly in the future.

Legal basis: Article 596 of the Civil Code of the People's Republic of China The content of the sales contract generally includes the name, quantity, quality, price and elimination of the subject matter, the time limit for performance, the place and method of performance, the packaging method, the inspection standard and method, the settlement method, the text used in the contract and its effect, etc.