Keywords: commercial housing, planning, contract purpose, policy

1. Typical case:

2065438+February 2007, Lao Zhang signed a pre-sale contract for commercial housing with the developer, agreeing to buy a set of commercial housing (attic) planned for office at a price of more than 4 million yuan. On the day of signing the contract, Lao Zhang paid a deposit of more than 400,000 yuan according to the contract. Before the remaining down payment was paid, Lao Zhang learned that the "3.26" new policy for commercial housing was introduced and the price of commercial housing plummeted. Lao Zhang can't get a loan from the bank either, so he is in a dilemma. After thinking about it, Lao Zhang found that the developer promised that the house was habitable when signing the contract, and added an attic for this purpose. However, after the introduction of the New Deal, the house he bought can only be used for office. Thinking of this, Lao Zhang decided to take the developer to court, demanding that the developer cancel the contract, return the purchase price and compensate for the losses. In the course of litigation, the problem of "commercial change to residence" of the houses involved has been investigated and dealt with by the relevant departments.

2. Court decision

After trial, the court held that Lao Zhang and the developer clearly agreed in the contract that the nature of the house involved was business and office, and both parties should have an understanding of the planning nature of the house when signing the contract. The housing involved has the problem of "changing business to living", which has been investigated and dealt with by relevant departments, and there is no problem that the purpose of the contract cannot be achieved. Therefore, Lao Zhang has no right to terminate the contract. In addition, Lao Zhang's request for refund of the purchase price and compensation for losses also lacks corresponding legal basis, and the court does not support it.

Second, understand the main points of the law

1. What is a commercial house? What's the difference between a commercial house and a residence? Commercial housing, generally referring to apartments, is obviously different from residential housing. Specifically, first, the nature of the land. Commercial housing land is commercial land or comprehensive land, and residential land is residential land. According to Article 12 of the Provisional Regulations on Assignment and Transfer of Urban State-owned Land Use Rights, the land use rights of commercial housing construction generally do not exceed 40 years or 50 years; The longest residence is no more than 70 years. The second is whether the property right can be automatically renewed after it expires. Article 359 of the Civil Code stipulates that the right to use residential construction land will be automatically renewed when it expires; Commercial housing construction land does not have this provision. Third, the cost of living. Some commercial houses are commercial hydropower, while residential houses are civil hydropower. In addition, some commercial houses can't open gas, which leads to an increase in the cost of living.

2. What is the purpose of the contract? Why can't Lao Zhang cancel the contract? The purpose of a contract, in layman's terms, is the economic benefits expected by both parties. In this case, Lao Zhang requested to terminate the contract on the grounds that the purpose of the contract could not be realized. However, according to the facts ascertained, when signing the contract, Lao Zhang knew that the house he bought was commercial and office. At the same time, Article 25 of the Urban Real Estate Management Law clearly stipulates that urban planning must be strictly implemented in real estate development. The planning nature of the houses involved is also commercial and office. So in this case, there is no problem that the purpose of the contract cannot be achieved.

3. What are the correct postures to terminate the contract? In addition to the termination of the contract by mutual agreement, one party can terminate the contract in the following two ways: First, exercise the right to terminate the contract by agreement. That is, the parties agree to terminate the contract, and when the cause occurs, the creditor may terminate the contract; Second, exercise the statutory cancellation right. When the purpose of the contract cannot be achieved due to the fundamental breach of the contract by the force majeure party or other legal circumstances, one party may claim to terminate the contract.