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Real estate disputes are already a very common thing in our daily life, the two sides of the dispute are in dispute, but the problem still has to be solved, which department to find to solve the dispute? Resolving real estate disputes that occur in the process of buying a house can be resolved through negotiation, mediation, arbitration, administrative and litigation. (1) Negotiate and settle.
Negotiation refers to the negotiation between the parties to solve the problem. (2) Mediation settlement. According to the application of one of the parties, under the auspices of the real estate management department, consumer association or other organizational departments, through persuasion and education, the two parties are urged to understand each other, reach a settlement agreement, so that the purchase dispute can be resolved in a timely manner.
3) Arbitration Settlement. It means that the buyer and the seller reach an agreement before or after the dispute arises, and voluntarily hand over the dispute to the arbitration authority to make a binding ruling on all parties in accordance with national laws, regulations and local administrative rules and regulations. (5) Litigation Settlement.
Litigation resolution of housing purchase disputes is a way for the people's courts to resolve housing purchase disputes with the joint participation of the parties to the dispute and other litigation participants. Legal basis: Article 128 of the Contract Law of the People's Republic of China provides that the parties may resolve contract disputes through conciliation or mediation.
If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court.
The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.
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How can I borrow money with a down payment? Now all I know is to pay the down payment first, and then you can take out the rest of the loan, if you really can't afford to pay the loan, quickly find someone to sell the house to him, and let him pay the money for you, so that you are not in default.
You put the house on other agents and ask them to sell it for you, so maybe you can make a difference in the middle price, and you won't lose money, and you may make money.
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Disputes over the purchase of a house should be addressed to the real estate management department, consumer association, or other organizational department. The parties shall negotiate and settle the matter in accordance with the principles of equality, mutual benefit and consensus, or request assistance from relevant departments for mediation; If the negotiation fails, the arbitration shall be conducted by the designated institution in accordance with the provisions of the sales contract or the agreement between the parties; If it is still not resolved, they may file a lawsuit with the people's court to protect their legitimate rights and interests in accordance with the law.
1. Whether the rent can be refunded in full in the case of a housing lease contract.
In the case of a housing lease contract, if the tenant is not at fault, the rent may be refunded in full. The parties shall settle privately in accordance with the principle of equality and mutual benefit, and if the settlement fails, a third party may be requested to negotiate and settle the settlement; If the negotiation fails, the arbitration shall be conducted by the appointed institution in accordance with the agreement in the lease contract or the agreement between the parties; If the arbitration is still not resolved, a lawsuit may be filed in the people's court.
2. What should I do if there is a family dispute in the case of demolition?
1. The parties to the family dispute may privately settle within the family in accordance with the principle of equality and mutual benefit, and if the reconciliation fails, they may request a third party to negotiate and resolve it;
2. If the negotiation fails, it can be submitted to the designated institution for arbitration according to the agreement in the demolition agreement or other written agreements, and if the arbitration is still not resolved, a lawsuit may be filed with the people's court.
Third, the settlement of project cost disputes.
Project cost disputes can be resolved through reconciliation, negotiation, arbitration and litigation. The parties may settle privately in accordance with the principle of equality and mutual benefit, and if the settlement fails, a third party may be requested to negotiate and settle the settlement; If the negotiation fails, it can be submitted to the designated institution for arbitration according to the agreement of the construction project contract, and if it is still not resolved, a lawsuit may be filed with the people's court.
Article 2 of the Arbitration Law of the People's Republic of China provides that contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.
Article 122 of the Civil Procedure Law of the People's Republic of China: Where a party sues a people's court for a civil dispute that is suitable for mediation, mediation shall be conducted first, except where the parties refuse to mediate.
Article 577 of the Civil Code of the People's Republic of China provides that 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.
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Legal Analysis: Refer to the real estate management department, consumer association or other organizational departments for disputes over the purchase of a house. The parties shall negotiate and settle the matter in accordance with the principles of equality, mutual benefit and consensus, or request assistance from relevant departments for mediation; If the negotiation fails, the arbitration shall be conducted by the designated institution in accordance with the provisions of the sales contract or the agreement between the parties; If it is still not resolved, they may file a lawsuit with the people's court to protect their legitimate rights and interests in accordance with the law.
Legal basis: Article 2 of the Arbitration Law of the People's Republic of China Contract disputes and other disputes over property rights and interests between citizens, legal persons and other organizations that are equal subjects may be arbitrated.
Article 122 of the Civil Procedure Law of the People's Republic of China: Where a party sues a people's court for a civil dispute that is suitable for mediation, mediation shall be conducted first, except where the parties refuse to mediate.
Article 577 of the Civil Code of the People's Republic of China provides that 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.
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Legal analysis: what to call for complaints**, you need to look at the specific complaints. 1. Call 110 for public security incidents; 2. Call 12318 for complaints about illegal business culture; 3. Call 12315 for complaints about unlicensed business operations.
Legal basis: Article 465 of the Civil Code of the People's Republic of China Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 23 of the Civil Procedure Law of the People's Republic of China Article 23 Litigation arising from contract disputes shall be under the jurisdiction of the people's court at the place where the defendant is domiciled or where the contract is performed.
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