After paying the deposit, I found out that the property rights of the first hand house were only 56

Hello, there are a lot of such phenomena now, in order to have better sales, real estate developers will definitely hide some real information about the real estate, and the salesman will also learn from each other's strengths and weaknesses when explaining. Therefore, you should still be cautious when buying. If you really want to return the deposit, you can ask the boss for an explanation of the problem, if most of the owners are because they only happened to find out that the property rights have been lost for 14 years, then join together to discuss the explanation, I think no one is so willing, so it will also help you to return the deposit.

I worked as a salesman in real estate, and if you really don't want to buy it, most bosses will still refund the deposit to you after a long time.

I was in Agile on December 30, 2012 in Shawan Town, Panyu, Guangzhou. Splendid family fancy a building, pay a deposit of 30,000 yuan, only to find out that the real estate is 98 years of land, until now before the pre-sale, property rights have been intangible loss of 14 years, the most important thing is to promote the real estate salesman from the introduction to we pay the deposit to leave, did not mention the property rights of the real estate, I myself learned through the Internet inquiry, I feel that the salesman has the motive to conceal the property rights of the real estate, please ask me in this case.

You don't have to worry about this problem, as long as the house is a residential property right, it will be renewed after the state expires, and there are regulations for this. Rest assured, a lot of land has been idle for many years before it was developed, and we still have 25 years of property rights left, as long as the nature of the land is okay, there is no need to worry.

First, you must first know whether the developer has the qualification for pre-sale (that is, whether to wait for the approval of the relevant departments to buy off-plan housing) Article 22 of the Administrative Measures for the Sales of Commodity Housing stipulates that "if the conditions for the sale of commercial housing are not met, the real estate development enterprise shall not sell the commercial housing and shall not charge the buyer any reservation fees".

Then, you can go to the sales department to see if the developer has obtained the following five policies.

a. "Building Land Planning Permit".

Before the construction unit applies to the land management department for the requisition and allocation of land, it shall be confirmed by the urban planning administrative department that the location and scope of the project conform to the legal certificate of urban planning.

b. "Construction Project Planning Permit".

Legal documents related to the construction project meeting the needs of urban planning.

c. State-owned Land Use Certificate

The legal certificate of the state-owned land use right promulgated by the people at all levels of the city upon the application of the land user. The certificate mainly states the name of the land user, the location of the land, the use, the area of land use, the service life, and the scope of the "four to".

d. "Construction Project Commencement Certificate".

The legal certificate of the construction unit for the construction of the project is also one of the main bases for the registration of housing ownership, and the building without the construction certificate is an illegal building and is not protected by law.

e. "Commercial Housing Sales (Pre-sale) License".

Municipal and county people's ** real estate management departments allow real estate development enterprises to sell commercial housing approval documents.

If it is an existing house, the developer only needs to issue a completion record form).

Second, if you don't have the above five certificates, everything you say is illegal, and you can report it to the housing authority to protect your own interests;

If there is, then the developer has the qualification of pre-sale, and the invoice in your hand indicates that at the time of opening, you will have the priority to buy the house you have booked, and you can also change hands before signing the "purchase contract" after the house appreciates, and you will earn intermediate profits; (A lot of people flip houses like this).

After the market opens, the developer buys the house you booked to others, and the developer will return the deposit to you twice.

And as you mentioned"Fixed"Kim was determined to be this when he signed the "Purchase Contract", and now it is"Order"

Then the acquaintance you are talking about, he should be a salesperson, he is creating performance for himself (or helping a friend), and this is how he buys a first-hand house.

It depends on what the developer or your sales pitch says to you in the first place. The deposit in the letter of intent to purchase a house is handled differently in different situations and in case of default. The buyer and the seller have signed a formal "Subscription Letter" or a formal "House Purchase Contract", in accordance with the provisions of China's "General Principles of Civil Law" and "Guarantee Law", the buyer's deposit can be used as the price of the house, if one of the buyers and sellers breaches the contract, according to the agreement, the provisions of "no return" or "double return" shall be applied, and the defaulting party shall be held liable for non-performance of the contract.

For example, if the buyer fails to sign the contract at the time and place specified in the subscription letter, it will be deemed to have terminated the subscription on its own, and the "deposit" cannot be refunded to the buyer. If you don't want to buy the house because of the buyer, the "deposit" cannot be refunded to the buyer. However, the deposit can be refunded in some cases: if the buyer and the seller are unable to enter into a formal contract because it is difficult to agree on the contents of the sales contract, the seller should return the deposit to the buyer.

If the seller fails to sign a formal contract or the formal contract is invalid due to reasons such as the seller not obtaining the pre-sale permit, or the buyer does not have the qualifications to purchase the house, the seller shall return the deposit to the buyer, and the party at fault shall also compensate the other party for the loss of interest or other losses suffered thereby. Although the seller does not resell the house determined in the subscription letter to others, but the buyer cannot sign a formal contract due to the modification of the main terms of the subscription letter, such as **, area, payment method, etc., it shall be deemed that the buyer is in breach of contract, and the seller shall return the deposit twice.

It's not legal, but don't be afraid, because on the back of the receipt is the owner's signature and a description of how much the house is priced per square meter. Sign the agreement as soon as possible, and you can only sign the contract when you officially buy a house.

It is normal to pay the deposit and give a receipt, and there can be no invoice for the deposit.

Now it is necessary to sign a purchase contract with the developer, use the standardized contract text, and determine the relevant issues such as the delivery time of the area ** floor and the compensation for breach of contract in the contract.

There is no invoice for the deposit, only a receipt, and as long as the developer does not run away, there is no risk.

This is an illegal operation, and there are two possibilities at that time, one is that you don't know that the real estate company is down, and the money is wasted, and the other is that if the house is easy to buy, it may not be that you can buy it.

I'm afraid I'll be deceived, there are a lot of social **, be careful!

Seriously, in his case, if you ask him to invoice you or sign a contract, he won't sign it for you because he is not qualified for pre-sale, if you want it, it's nothing, if you don't want it, there are any problems (let alone friends).

There is no specific way, one is that you don't want it, and the other is that you trust your friends!

This is normal in real estate sales, if the purchase is an off-plan house, the developer needs to hand over the house before the owner can handle the official invoice; If the average developer is more reputable, there will be no problems. Now the key point is that you have to tell you when the construction of the house will start, whether there are complete procedures, and whether the land use certificate belongs to the developer; If you belong to the same developer, you don't have to worry about anything. Even if it is not developed, the money can be returned!

Please consult the relevant justice department and see what you say, it is easy to be deceived. It's not that I'm being deceived by a friend, but by a real estate dealer.

Alas, there are still many vulnerable people in China, and it is really embarrassing to see so many brothers still anxious about the house! The revolution has not yet succeeded. Comrades still need to work hard!

First, this is a trick used by many real estate companies now, which in itself is an illegal operation.

Second, such an act itself is illegal, and it is completely possible to exchange formal invoices and sign a legal purchase agreement.

Third, if you don't change or sign a legal purchase agreement, you can go to the housing authority or the tax bureau to complain, and they will definitely deal with it.

You don't have to worry about it at all.

Because the deposit is paid without an invoice.

Now you need to sign a purchase contract with the developer, pay attention to the liability for breach of contract, whether it is a model of the contract in Beijing, and determine the area, floor, orientation, delivery time, and liquidated damages and other related issues in the contract. It is recommended that other important matters be written in the supplementary clauses, and both parties can confirm and sign.

There must be no problem, just rest assured.

If the parties agree to pay a deposit as security for the conclusion of the main contract, and the party who paid the deposit refuses to conclude the main contract, it shall not be entitled to demand the return of the deposit; If the party receiving the deposit refuses to conclude the main contract, it shall return double the deposit. ”

According to this provision, if the developer who accepts the deposit refuses to sign the main contract, then he should return the deposit double.

You can ask him for a double deposit.

10,000 per se is not a very large number. You can make your own decisions. But there is negligence from a legal point of view:

First of all, you have proof of bank transfer, which can prove that you paid the developer, but not enough to prove that it is a deposit.

The second is that it is okay for the developer to issue you a deposit receipt, but the loophole himself is not present (how to prove the authenticity of this receipt).

It is possible that your acquaintances are thinking about you, violating the company's system and operating in the dark to set a suitable house for you.

It may also be a trick of the developer, such as the receipt is fake, and when the market is opened, he can give it to others, for you, the developer has not breached the contract, and you don't have to return your deposit double.

Buildings without a ceiling are not allowed to be pre-sold.

It's okay, don't be afraid.

I also just made a deposit.

Or is it that the deposit cannot be broken.

It's troublesome. Hurry up and change the invoice. Or don't spend any money in it.

You should ask the justice department, your friend is too risky.

Suspicion 1There are drawings that have not started construction, and there is no guarantee that the design and construction drawings have been submitted for approval, so there are hidden dangers in many issues such as the construction period.

Doubt 2If the deposit receipt is issued by the developer or seller, and there is an official seal of the sales unit, it should not be a big problem, you carefully see if there is a problem with the official seal of the sales office.

Suspicion 3The pre-sale agreement should be signed as soon as possible, in fact, most of the real tricks are in the agreement, because the projects you said have not yet started, so what you should worry about is that the law clearly restricts that the developer can only pre-sell the off-plan property after the construction must start to a certain extent.

Suspicion 4Acquaintances say that it doesn't matter if you don't sign an agreement and order a garage, it's so difficult that your friend can't buy a garage, most likely because their design drawings haven't been submitted for approval.

In the end, if you don't know how familiar you are, you can go to the local land resources department or urban planning department to inquire and get a good idea.

Personally, I think it is necessary to make up an agreement.

1. It is a civil contract dispute, which is different from fraud, and the police will not take care of it.

2. Since he is not the big landlord, but may be the second or third landlord: your friend can go to the big landlord and ask the big landlord if the big landlord agrees to the sublease, if the big landlord does not agree, the sublease contract is invalid, and your friend can ask the direct lessor to return the deposit.

3. If the big landlord agrees to sublet: since the direct landlord says that he doesn't know about the demolition, your friend can add a clause to the contract to stipulate how to compensate your friend for his losses once he is demolished in the future.

4. You can tell the second landlord that someone has done demolition, let him terminate the contract, return the deposit, if he does not agree, tell him that your friend will go to the court to sue for contract fraud to request the cancellation of the lease contract between the two parties, and then he will not only have to return the deposit, but also have to bear a legal fee.

2l is not right, the renter has obtained the right to use the house and can sublet it. 5,000 yuan is a large amount, but 110 should not be ignored at this time.

I guess LZ doesn't want to solve the problem through litigation, so it's useless for you to put those clauses in the contract, after all, it's too wasteful of manpower and material resources to fight a lawsuit. In the current case, the only way to get the deposit back is to negotiate with the renter and the property owner.

Khan, that's the kind of problem again.

My suggestion is still the same, let him dismantle!

Since the deposit has been paid and the receipt has been issued, that is, the actual transaction has been completed, if you break the contract, then the deposit will definitely not be returned.

As for the lawsuit?Can't make it, time?Cost?The verdict? It's all unknown, and it's nerve-wracking.

In addition, the ** after the demolition is generally higher than the ** you bought and sold.

If you're still not satisfied, tell you a small home remedies.

Find a few migrant workers, or the elderly who are idle at home, and pretend to be a "nail household" to boil with the demolition office. If you stay up, you may make a lot of money.

It is a civil contract dispute.

Go to court to sue for rescission of the lease contract between the parties.

Let's find a demolition office... Halo,

Can't you call 110, it doesn't constitute fraud, 110 doesn't matter.

The legal meaning and legal consequences of deposits and deposits are different. As a guarantee for the conclusion, performance or termination of the housing sales contract, the housing deposit is divided into: the agreement for establishment, the performance of the contract, and the settlement of the contract.

Legal consequences of the deposit: If the party receiving the deposit fails to perform its contractual obligations, the deposit shall be returned twice; If the party paying the deposit fails to perform its contractual obligations, it is not entitled to demand the return of the deposit. The deposit is not guaranteed.

If the party who delivers and receives the deposit fails to perform its contractual obligations, the deposit shall not be forfeited or doubled.