The shop doesn t have a pre sale certificate, can I only get a refund and interest? 5

According to 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 Commodity Housing Sales Contracts (Fa Shi 2020 No. 17), the seller has not obtained the commercial housing pre-sale license certificate, and the commercial housing pre-sale contract concluded with the buyer shall be deemed invalid, but if the commercial housing pre-sale license certificate is obtained before the lawsuit is filed, it may be deemed valid.

This judicial interpretation deletes that if the purpose of the contract for the sale and purchase of commercial housing cannot be achieved due to fraud (a typical act of selling two houses), the buyer who is unable to obtain the house may request to terminate the contract, return the purchase price and interest paid, compensate for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid, which is commonly referred to as the double compensation clause. In this case, for the purpose of maximizing the protection of one's own legitimate rights and interests, it is necessary to claim rights in conjunction with the provisions of the Sales Contract.

Without a pre-sale license, you can claim that the contract is invalid and hold the developer liable for negligence, depending on how the contract is agreed.

If the negotiation fails, the contract may be terminated and the contract may be refunded and compensated for losses.

There are prerequisites for the signing of the contract, and if the seller fails to perform the contract due to its fault, it shall be dealt with in accordance with the provisions of the Contract Law, and the other party can recover double if it is at fault and meets the requirements.

The shop doesn't have a pre-sale certificate, can I only get a refund and interest? I don't think the store has a pre-sale certificate, so you can only get a refund and interest to you, and the interest is already very good.

First of all, it is best not to buy a house without a commercial housing pre-sale permit to avoid trouble when applying for a property ownership certificate. If you really want this house, you need to get the pre-sale permit from the developer.

The shop does not have a pre-sale certificate, can I only get the interest on the refund? Shops do not have a pre-sale certificate, and you can wait until you have a pre-sale certificate to buy.

Lawyer Xiang Yang answers: First of all, it is best not to buy a house without a commercial housing pre-sale license, so as to avoid trouble when applying for a property right certificate. If you really want this house, you need to buy it after the developer has obtained a pre-sale permit for commercial housing.

Secondly, according to Article 9 of the Judicial Interpretation of the Commercial Housing Sales Contract, if the developer deliberately conceals it, it does not take it.

Legal Analysis: Refundable. The real estate development company is not qualified to sell the house without obtaining the pre-sale license, and the purchase contract or letter of intent signed at this time and the deposit paid are not protected by law, so you can ask the developer for the deposit that has been paid.

Legal basis: "Law of the People's Republic of China on the Administration of Urban Real Estate" Article 44 The pre-sale of commercial housing shall meet the following conditions: 1.

Pay all the land use right transfer fees, and obtain the land use right certificate and project planning permit. The pre-sale of commercial housing is calculated, and the funds invested in the development and construction of the project reach more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been determined. The people's ** real estate management department at or above the county level shall handle the pre-sale registration and obtain the pre-sale permit certificate of the commercial housing.

Generally speaking, when we sign the purchase purchase letter or letter of intent, we will agree to pay a certain deposit as a guarantee for signing a formal contract, and this kind of deposit is the contract money, and the penalty for burning the deposit is generally applied.

In other words, if the buyer pays the deposit but does not want to buy the house, then the developer can not refund the deposit. If the developer collects a deposit but does not sell the house, the deposit must be doubled.

Legal basis] Article 587 of the Civil Law Yuanqiao Code, if the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party who pays the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Legal analysis: If the seller returns the deposit for breach of contract, it shall return double the deposit, and the buyer has no right to request the return of the deposit.

Legal basis: Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform the debt or the performance of the debt does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, the deposit shall be refunded as a double delay.