Rule number one The term "commercial housing sales contract" as mentioned in this interpretation refers to a contract in which a real estate development enterprise (hereinafter referred to as the seller) sells an unfinished or completed house to the society, and transfers the ownership of the house to the buyer, and the buyer pays the price.
Rule number two If the seller fails to obtain the pre-sale permit certificate of commercial housing, the pre-sale contract concluded with the buyer shall be deemed invalid, but if the seller obtains the pre-sale permit certificate of commercial housing before the prosecution, it may be deemed valid.
Rule three. The sales advertisements and publicity materials of commercial housing are invitations to offer, but the explanations and commitments made by the seller on the housing and related facilities within the scope of commercial housing development planning are specific, which have a significant impact on the conclusion of the commercial housing sales contract and the determination of the housing price, and shall be regarded as an offer. Even if the explanation and commitment are not included in the commercial housing sales contract, they should also be regarded as the contents of the contract. If a party violates it, it shall bear the liability for breach of contract.
Article 4? The seller accepts the buyer's deposit as the guarantee for concluding the commercial housing sales contract by subscription, order or reservation. If a contract for the sale of commercial housing cannot be concluded due to one party, it shall be handled in accordance with the provisions of the Deposit Law; If the commercial housing sales contract cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.
Article 5? The agreement on the subscription, order and reservation of commercial housing has the main contents of the commercial housing sales contract stipulated in Article 16 of the Measures for the Administration of Commercial Housing Sales. If the seller accepts the purchase price according to the agreement, the agreement shall be deemed as the commercial housing sales contract.
Article 6? If the parties request to confirm that the pre-sale contract of commercial housing is invalid on the grounds that they have not gone through the registration formalities in accordance with the provisions of laws and administrative regulations, they will not be supported.
If the parties agree that the entry into force of the pre-sale contract of commercial housing is based on the registration and filing procedures, such agreement shall prevail, except that one party has fulfilled its main obligations and the other party has accepted it.
Article 7? Demolition and demolition in the form of property rights exchange to conclude a demolition compensation and resettlement agreement, clearly agreed by the demolition of a specific location and use of housing for compensation and resettlement. The demolished person will sell the compensation resettlement house to a third person separately, and if the demolished person requests priority to get the compensation resettlement house, it should be supported.
If the demolisher requests to terminate the demolition compensation and resettlement agreement, it shall be handled in accordance with the provisions of Article 8 of this Interpretation.
Article 8? Under any of the following circumstances, the purpose of the commercial housing sales contract cannot be achieved, and the buyer who cannot obtain the house can request to terminate the contract, return the paid house purchase price and interest, and compensate for the losses, or request the seller to bear the compensation liability of not more than twice the paid house purchase price:
(1) After the commercial house sales contract is concluded, the seller mortgages the house to a third party without informing the buyer;
(2) After the commercial housing sales contract is concluded, the seller sells the house to a third party.
Article 9? When the seller concludes a contract for the sale of commercial housing, the contract is invalid or cancelled or dissolved under any of the following circumstances, and the buyer may demand the return of the paid house price, interest and compensation for losses, and may demand the seller to bear the compensation liability not exceeding twice the paid house price:
(a) deliberately concealing the failure to obtain the pre-sale permit of commercial housing or providing false pre-sale permit of commercial housing;
(2) Deliberately concealing the fact that the house sold has been mortgaged;
(3) Deliberately concealing the fact that the house sold has been sold to a third party or that the house has been demolished for compensation and resettlement.
Article 10? If the buyer requests to confirm that the contract for the sale of commercial housing concluded between the seller and the third party is invalid on the grounds that the seller and the third party maliciously colluded to conclude another contract for the sale of commercial housing and delivered it for use, it shall be supported.
Article 11? Unless otherwise agreed by the parties, the transfer of house ownership shall be regarded as the delivery of the house.
The risk of damage or loss of the house shall be borne by the seller before delivery and by the buyer after delivery; If the buyer refuses to accept the seller's written delivery notice without justifiable reasons, the risk of damage or loss of the house shall be borne by the buyer from the delivery date specified in the written delivery notice, unless it is otherwise stipulated by law or agreed by the parties.
Article 12? If the quality of the main structure of the house is unqualified and cannot be delivered for use, or after the house is delivered for use, it is verified that the quality of the main structure of the house is indeed unqualified, and the buyer requests to terminate the contract and compensate for the losses, it shall be supported.
Thirteenth because the quality of the house seriously affects the normal living use, the buyer's request to terminate the contract and compensate for the losses shall be supported.
If the house delivered for use has quality problems, the seller shall bear the maintenance responsibility during the warranty period; If the seller refuses to repair or delays the repair within a reasonable period of time, the buyer may repair it by himself or entrust others to repair it. The repair costs and other losses caused during the repair period shall be borne by the seller.
Article 14 The interior construction area or construction area delivered by the seller is inconsistent with the area agreed in the commercial housing sales contract. If there is an agreement in the contract, it shall be handled according to the agreement; If there is no agreement or unclear agreement in the contract, it shall be handled according to the following principles:
(1) If the absolute value of the area error ratio is less than 3% (including 3%), the settlement shall be made at the price agreed in the contract, and the buyer's request to terminate the contract will not be supported;
(2) If the absolute value of the area error ratio exceeds 3%, the buyer's request to terminate the contract and return the paid house price and interest shall be supported. The buyer agrees to continue to perform the contract. If the actual area of the house is larger than the area agreed in the contract, the buyer shall make up the house price at the agreed price for the part with the area error ratio within 3% (including 3%), and the seller shall bear the house price for the part with the area error ratio exceeding 3%, and the ownership shall belong to the buyer; If the actual area of the house is less than the area agreed in the contract, the part with the area error ratio within 3% (including 3%) and the interest shall be returned by the seller to the buyer, and the part with the area error ratio exceeding 3% shall be returned by the seller to the buyer twice.
Article 15 According to Article 94 of the Contract Law, if the seller delays the delivery of the house or the buyer delays the payment of the house price, and fails to perform it within a reasonable period of three months after being urged, one party's request to terminate the contract shall be supported, unless otherwise agreed by the parties.
If there is no law or agreement between the parties, the reasonable time limit for exercising the right of cancellation is three months after the other party's demand. If the other party fails to ask for a notice, the cancellation right shall be exercised within one year from the date of the cancellation right; If it is not exercised within the time limit, the right of revocation shall be extinguished. Article 16 Where a party requests a reduction on the grounds that the agreed liquidated damages are too high, it shall reduce them appropriately on the basis that the liquidated damages exceed 30% of the losses caused; If the parties demand an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined according to the losses caused by the breach of contract.
Article 17? The contract for the sale of commercial housing does not stipulate the amount of liquidated damages or the calculation method of loss compensation. The amount of liquidated damages or loss compensation can be determined with reference to the following standards: if the payment is overdue, it shall be calculated according to the total amount of unpaid house purchase price and the standard of interest charged by financial institutions on overdue loans stipulated by the People's Bank of China.
Overdue delivery, in accordance with the relevant authorities announced or qualified real estate assessment agencies to assess the same lot of similar housing rent standards during the overdue delivery.
Article 18? If the buyer fails to obtain the house ownership certificate at the expiration of the following period due to the seller's reasons, unless otherwise agreed by both parties, the seller shall be liable for breach of contract:
(a) the registration period of housing ownership agreed in the commercial housing sales contract;
(two) the subject matter of the commercial housing sales contract is the unfinished house, 90 days from the date of delivery of the house;
(3) The subject matter of the commercial housing sales contract is the completed house, which is 90 days from the date of conclusion of the contract.
If there is no liquidated damages stipulated in the contract or the amount of loss is difficult to determine, it can be calculated according to the total amount of house purchase money paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.
Article 19 If the registration period of house ownership agreed in Article 33 of the Commodity House Sales Contract or the Regulations on the Administration of Urban Real Estate Development and Operation expires for more than one year, and the buyer cannot handle the registration of house ownership due to the seller's reasons, and the buyer requests to terminate the contract and compensate for the losses, it shall be supported.
Article 20? Where the seller and the underwriter enter into a commercial housing underwriting contract, and it is stipulated that the house developed and built by the seller will be sold by the underwriter in the name of the seller, the unsold house will be purchased by the underwriter at the underwriting price agreed in the contract, unless otherwise agreed by the parties.
Article 21? Unless otherwise agreed by the parties, if the seller sells the house by himself, and the insurer requests the seller to compensate for the losses, it shall be supported.
(The above answers were published on 20 14-06-27. Please refer to the actual situation for the current purchase policy. )
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