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New home stay three years, the owners have not seen a real estate license. Turned out to be trouble with the construction side with developers,air max pas cher pour homme, buckle under the completed data. July this year, the 18 owners of the developer to court,http://www.postyourbeaver.com, to ask for compensation based on the purchase contract,http://e.polejet.cn/bbs/forum.php?mod=viewthread&tid=985871&fromuid=33593, December 2, he was the court verdict against.
It turned out that the purchase contract there is a supplementary agreement signed, the agreement has a non-developer subjective reasons for extension of real estate license,moncler 2011, developers will not be responsible. Lawyers advise owners when signing the purchase contract must peruse the purchase contract and the supplemental agreement, in the event of a dispute in order to avoid their own disadvantage. Newspaper reporter Liu Zhijie Song Yi Wang Tower Changsha reported
Recently,http://www.znxtw.com/forum.php?mod=viewthread&tid=169355&fromuid=79435, members of the public to the newspaper, said Ms. Yuan reflect, in October 2007 she bought a house in Tianxin, July 2008 notified the owners Shou Fang late developers,http://www.chinaeo.cn/forum.php?mod=viewthread&tid=310746, but so far have not Nadaofangchanzheng owners and land certificate , resulting in the house "action" can not. She had numerous experiences of finding developers to ask, the answer given by the other side are "being processed, but also to wait." From the submitted has been three years, Ms. Yuan was wondering, real estate license and land certificate so difficult it?
Owners: Check-in 3-year certificate no
Ms. Yuan is Changsha, in October 2007, she bought a one-time full payment of a 136 square meters, a district in Changsha house and a parking space, spent a total of nearly 80 million. "When I bought this house is out of consideration of investment, however, the pace of development of public facilities around the house I envisioned far so fast." Ms. Yuan said she and many owners want to sell the house sold, but not due to take to permit, the house can not "move."
Miss Yuan's house is located in Changsha City Tianxin New Chalmers on West, is a real estate company in Changsha real estate development, there is Sam Tung residential buildings,tiffany shop outlet, there are hundreds of household owners.
June of this year, again to no avail communicate with the developers, the Miss Yuan and a dozen other owners to find a lawyer. July 11, 18 owners sued the developer to Tianxin District People's Court. Miss Yuan purchase contract provided to reporters during the signing of the agreement to buy a house: a real estate company as a result of the seller's responsibility, causing the buyer can not get the real estate ownership certificate,giubbotti moncler outlet, the parties agreed to postpone the day of each seller to pay the buyer has Fangjiakuan pay liquidated damages of ten thousandths. Even so, 18 owners of each claim for liquidated damages to developers from 60,jordan pas cher pour fille,000 to 140,000 yuan range, the total amount of nearly 2 million.
However, this year December 2 Tianxin District People's Court issued a verdict that 18 dismissed the plaintiff's claim. Court developers "from the beginning of December 2, 2011 365 days for End to assist owners of real estate license,woolrich shop, to assist owners for End of Homeland permit the next 365 days." For owners of the appeal court's decision was wondering, their real estate license and land certificate to wait nearly three years did not forthcoming, have to continue to wait for two years.
Developer: construction side buckle completion data
For the court's decision, the owners have found it difficult to accept, according to the developers in the purchase contract signed with the owners written, developers have been liquidated, why the court will dismiss the claims owners?
In this regard, the reporter interviewed the developer community - Changsha,tiffany ciondolo, a real estate company that a responsible person to admit that as of November 29 this year, Tianxin District People's Court concluded, the developer does not apply to owners of real estate license and land certificate,hogan nere, but accidental.
According to the person in charge, within 28 days after completion of the project, the developer shall submit complete construction side completion data, but due to the construction side with developers corresponding payment differences, the construction side of the project is completed there is no information to developers, lead developers can not apply for housing ownership certificates to buy a house owners.
July this year, developers and building contractors reached a settlement in court,http://bbs.yapaifs.cn/forum.php?mod=viewthread&tid=9763918&fromuid=675583, for the information to get completed, and more than a thousand million paid to the construction side of the project funds. Currently developers are handled real estate license.
Lawyer: When buyers want to see the contract carefully
Tianxin District People's Court, according to the staff presentation, December 3, 2008, the construction side of the developer sued to the hospital, requiring the construction of its total project cost of 9517 million yuan by the settlement, the developers believe the settlement price is too high The two sides dispute. The case on July 14, 2011 by the court closed in mediation, the developer agrees to transfer the construction completion and acceptance of the record information and send someone to help developers to complete the final acceptance of work.
But according to the original agreement, the defendant entered into a supplementary agreement,prezzi piumini moncler, the case does not fulfill the objective of the defendant occurred in the performance of contractual obligations. Pursuant to the Supplemental Agreement, the defendant does not bear the liability.
In this regard,saldi tiffany,http://micravoip.com/wiki/index.php?title=User:Basszni0y6NJ#harmful_reaches_a_certain_concentration., the reporter interviewed the joint firm Qin Xiyan lawyer, duty counsel lawyer Qin Xiyan joint firm, said before signing the contract carefully verify the developer's pre-license and other "Five Card" is available, and pay attention to a comprehensive understanding of real estate sales contracts and related provisions of the supplemental agreement, consult lawyers and other legal professionals when necessary.
[First-instance verdict excerpt]
According to the available evidence, combined with the trial record, the Court confirmed that the following basic facts:
October 8, 2007,woolrich roma outlet, the plaintiff and the defendant signed a "contract for the sale of real estate,nike air max classic bw homme pas cher," the defendant agreed to develop a new Shao Changsha City West XX number of homes for sale to the plaintiff, the contract that the rate is $ XX, the defendant should be in June 2008 submitted on the 30th, the defendant shall be 365 days after the delivery of housing commercial buildings Changsha City Housing Authority property to apply for initial registration, after obtaining the Building Permit application for the plaintiff's ownership of house ownership and land use right certificates 365 days, as a result of responsibility for the defendant,http://mond.luthais.de/thread.php?threadid=74481&sid=, the plaintiff can not be carried out within the prescribed time limit notice registered or house ownership and land-use permits, the plaintiff does not check the defendant should Fangjiakuan base price paid for each overdue day, the daily rate of 0.02% to plaintiff to pay liquidated damages.
On the same day, the plaintiff and the defendant entered into a supplemental agreement, the defendant agreed within the time stipulated in the contract for the sale of real estate property Building permits for housing, if the issues submitted by the plaintiff to pay the costs of materials or delays, or mortgage banking and property registration authorities and other reasons leading to handle non-seller prolonged, causing the plaintiff can not obtain housing ownership certificates of household real estate sales contracts in accordance with the agreed time, the defendant does not bear mentioning breach.
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The Court finds that: the original, real estate sales contracts and supplemental agreements signed by the defendant comply with formal requirements of the contract and the substantial elements, the Department of the true meaning of both parties said that does not violate the mandatory provisions of laws and administrative regulations, legal and effective, both should fulfill their rights and obligations ...... defendant has the burden of proof to prove the reasons causing delays for property titles, Hunan Province Department of Third Party construction unit completion and acceptance of a company did not provide information to the defendant, resulting in the defendant is unable to perform its obligations objectively. Is unable to fulfill the objective circumstances of the defendant occurred in the performance of contractual obligations, the seller should belong to non-reason. In accordance with the Supplemental Agreement, the defendant does not bear the liability. Therefore, the defendant postponed for property registration procedures do not constitute a breach of contract,http://www.qinkouren.com/forum.php?mod=viewthread&tid=2258, without liability to pay liquidated damages. |
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