Case Analysis To A Dispute Of House Contract Of Sales With No Title

The sale of housing without property wasn't the'case, but a common phenomenon. By judging of people's count, settling such dispute properly and salving the housing problem without permission, not only the social contradictions could be eliminated, made people live and work in peace and contentment, but also the illegal acts of urban construction could be punished, made the urban construction and management develop better. By researching of a contract dispute over the sale of housing without property, the article analyzed the nature and reason of housing without property, and put forward a feasibility idea of such cases creatively. The main reason of housing without property is the development and construction unit evade state regulation of urban construction. Their fundamental motive is to evade taxes and to obtain illegal benefits. Although the room without conditions for authorized, the contract of sale of house is valid, and the contract right exists, the buyer could request the certificate for the housing property according to contract. In such cases, the people's court should consult the land, planning, construction department firstly, and ascertain the house belongs to the illegal building must be dismantled or belongs to the building without incomplete procedure. If it's the latter, the people's count should entrust intermediaries with the evaluation and identification of the construction cost, market value and taxes and fees obtained a permit. On this basis, the people's court passed the judgment meeting the four principles:firstly, the profits which development and construction unit obtained from the housing for sale without property should be confiscated. Secondly, the spending lower than the market price of the buyer to purchase the housing without property should be confiscated. Thirdly, development and construction units should complete the formalities in nine months, and fill in the housing authority person's name in twelve months. If the obligation failed to perform, the fees and taxes according to the amount of assessment should be borne by the development and construction unit. Lastly, legal fees and appraisal cost should be expended on average. Due to the development and construction unit of the housing without property is diverse, how to determine the subject of obligation in the building trades is very complex, the subject of obligation not only is judged according to the contract of land, but also is considered from the construction procedure, investment and profit distribution. The unit who participate in building construction and obtain benefits should be the subject of obligation. In this case, the creative trial and sentence can provide valuable reference for the urban management department solve the similar problems, and have positive significance for the development of law and judicial interpretation.