Originally, the sale and purchase of houses was determined by a contract between the two parties, but in 2007, the mainland implemented the Property Law of the People's Republic of China, which article 9 (article 209 of the Civil Code of the People's Republic of China) stipulates:
The establishment, modification, transfer and extinction of rights in immovable property shall take effect upon registration in accordance with law;
That is to say, after the sale and purchase of the house, the validity of the contract is limited to the other party's obligation to transfer the house to you, and if you want to make the house completely belong to you, you must also go through the formal procedures to change the owner of the real estate certificate and the land certificate together according to law, and then go through the transfer procedures.
Otherwise, even if the other party delivers the house to you, you live for a lifetime, the house is not counted as yours, others have the right to say take it away, say that the second sale is the second sale, and you have to fall into a never-ending dispute in order to protect your rights.
Mr. He's son was unfortunately deaf, in order to raise money for his son to go to Beijing for long-term treatment, after they sold everything in the family, they planned to buy a house in Beijing, and finally took a fancy to Uncle Yu's 30,000 yuan bungalow.
Uncle Yu who lives in Beijing has more than one house in his hand, of which a bungalow in the city is not available to live, he plans to sell, it was 2001, Uncle Yu hung up the price of 30,000 yuan, successively many people came to see, but the people who made up their minds to buy did not, until Mr. He came to Beijing.
The two sides quickly handed over money and delivered the goods with the other, and also wrote two notes by hand, one for each person, signed their respective names, stamped their fingerprints, indicating that the transaction between the two sides had been completed, and then the house belonged to Mr. He.
Who knows 10 years later, this humble small bungalow suddenly has the wind direction to be demolished, according to calculations, the value after demolition may be tens of millions, Mr. He is as happy as the heavenly grand prize, but Uncle Yu instantly regrets it.
Because of this regret, Uncle Yu ran to Mr. He's house without saying a word, asking Mr. He to sell the house back to him for another 30,000 yuan, and Mr. He was confused.
This requirement is very outrageous to think about, because even if it is sold at a normal price, this house is more than 30,000 yuan, not to mention that it is about to be demolished, in the face of a huge gap between 30,000 yuan and 10 million yuan, who is willing to give it to people?
Most importantly, this house Mr. He's family has lived for so long, has been full of memories and feelings, and it is also the only house they have, if they just let it go back, they will have to sleep on the street, eat and drink, this is simply a dead end.
Therefore, Mr. He refused Uncle Yu's unrealistic request, and Uncle Yu sued Mr. He in court for a lawsuit, and miraculously, Uncle Yu really had to return to the house, why?
Because after the two signed the contract, in order to save trouble, they did not change the name on the real estate certificate and the land certificate, and of course did not register the transfer, so although they paid the money and delivered the goods with one hand, the contract did not have any effect at all, and the court found that Mr. He needed to return the house.
Fortunately, the court finally ruled that due to the invalidity of the contract, Mr. He suffered huge losses, and according to Article 157 of the Civil Code of the People's Republic of China (previously Article 58 of the Contract Law), Uncle Yu also needed to compensate Mr. He for 700,000 yuan.
This result was originally reasonable and legal, but the matter did not end here, because Uncle Yu only heard that the house was going to be demolished, so he ran to return to the house, and when the result came down, there was no sign of the house being demolished... Therefore, Uncle Yu, who could not take out 700,000 yuan for a while, was not easy to drive Mr. He out, and Mr. He's family lived in the house for 10 years.
20 years, this house is really going to be demolished, the price is as they expected, a total of more than 11 million yuan, Uncle Yu rushed to Mr. He's home, to Mr. He immediately rolled up and left.
Of course, Mr. He is still unwilling, before there was no demolition, the verdict he can get 700,000 yuan, Mr. He thought that it would be okay, but now that it is really demolished, or ten million yuan of demolition money, and he did not get 700,000 yuan of compensation, why return the house?
The two went to court again, because the court had tried it before, the house was indeed Uncle Yu's, the facts of this matter were clear, and the contradictions and disputes between the two were mainly in economic interests, so this time the court advocated mediation.
The content of the mediation is, of course, the share of the demolition money of the house, because although the name written on the house is Uncle Yu, in fact, Uncle Yu did sell the house to Mr. He, and Mr. He also lived for 20 years, as the actual controller of the house (the buyer who paid the arrears to obtain possession of the house but did not obtain the registration of the house), the court held that it should be equally distributed.
After 4 hours of mediation, the total area of the relocation house was 371 square meters, of which Mr. He owned 259.7 square meters, Uncle Yu owned the remaining 111.3 square meters, the total compensation cash price was 1.274 million yuan, Uncle Yu got 382,200 yuan, and Mr. He's family got 2.15 million yuan.
Both sides are very happy, but in general, Uncle Yu got his wish, but actually lost the character, if it were not for the loopholes in the process and Mr. He who did not understand the process, he would not have been able to get a point, even if he cried and shouted again, no one paid attention to him, after all, "if people have no faith, they will not stand."
Mr. He was also taught after this battle, since he spent all his savings to buy a house, how could he be so-so? No matter how cheap it is, we must confirm whether there is a certificate, whether it can be transferred, and always pay attention to policy changes, so as not to fall into the trap and be entangled in disputes due to negligence and ignorance.
(The names are pseudonyms, the picture source network, only with the narrative, invasion and deletion, refuse to reprint)