Last week, there were many dynamics in the property market, and the sales department of the two small property rights was sealed into an inconspicuous news, but there were still fans who consulted "Uncle, the sales department is blocked, will our money be lost?" ”
As an uncle who has been accompanying you on the road to buying a house, I will talk to you about this problem today.
The two projects that were seized were Qianqiu Jianhuayuan and Longcheng Huafu, both of which were developed by Shanxi Qianqiu Real Estate Development Co., Ltd., located in Yuci, and both belonged to small property rights, and were seized because they violated the relevant laws and regulations on real estate and national policies.
In fact, Taiyuan seizure of illegal sales of the sales department, really is not a new thing, online search, such things abound, but every sales department seal, means that the savings of hundreds of buyers may be adrift.
Why is this so, because according to the "Notice of the Taiyuan Municipal People's Government on Severely Cracking Down on Illegal Sales in the Real Estate Market" issued in 2013, "the purchase of a house that does not meet the conditions for pre-sale (sale) is not protected by law, and the losses caused are borne by the individual".
The purchase of small property rights itself is a violation of the law, if there is an accident, it is difficult for the government department to help you solve the problem, because there is no clear regulatory body for small property rights, and there is no law and regulation that can be relied on.
For the land law enforcement department, after the investigation and handling of small property rights projects, they have no right to help owners recover housing payments, nor do they have the ability to enforce them.
For government departments, although government departments have the responsibility to crack down on and supervise small property rights projects, the government cannot exceed its authority to enforce the law, cannot restrict the freedom of developers, freeze the assets of development companies, and cannot forcibly help owners recover arrears like law enforcement agencies.
What if the owner really encounters the purchase of small property rights, and then the sales department is seized?
The best way is to apply to the arbitration authority for arbitration on the grounds of contract disputes, or to file a lawsuit with the court, or to report to the public security organs on the grounds of contract fraud.
First of all, to be clear, the house payment can be refunded.
Because small property rights purchase contracts are often invalid contracts. The reason for the invalidity of the contract is due to the incomplete procedures of the developer, and the developer must have complete documents to build and sell the house. If the developer's documents are incomplete, it is an illegal operation, and the contract signed with the buyer is an invalid contract.
Since it is an invalid contract, the developer should return the payment paid by the buyer.
Speaking of prosecution, once the judicial organ accepts the case and verifies that it is true, it can take compulsory measures against the suspect, freeze his personal or company assets, prevent his transfer, etc., avoid greater property losses, and take judicial channels to protect his rights and recover housing payments.
But often home buyers do not have professional legal knowledge, and do not have a lot of time and energy to sue developers, what to do at this time? We can only wait for the government to come forward.
In principle, small property rights houses are not protected by law, it is illegal, the losses caused are borne by individuals, and government departments do not participate, but specific problems should be analyzed in detail, involving the interests of the people, government departments will not sit idly by, and will deal with it after verification of specific projects.
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After all, the administrative force is limited, why we have repeatedly emphasized that everyone buys a project with five certificates, that is, we do not want everyone to be greedy for cheap, let the life savings be adrift, small property rights projects have accidents, can only eat their own bad consequences, think that they are unlucky.
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