Judicial Determination Of The Relationship Between The Repurchase Clause In The Commercial Housing Sales Contract And The Right To Terminate The Contract

In recent years,with the rapid development of China’s real estate transaction industry,the disputes raised by housing repurchase issues are particularly prominent.If the bank,real estate businessman and buying a house will agree that after buying a housing,after buying a housing,the lending is reached,it requires the real estate business to repurchase the house.For example,real estate developers set up repurchase clauses in the commercial housing contract to ensure the realization of real estate developers to fulfill their responsibility.Alternatively,the two parties have financing or guarantee with the "Trading Contract of the Terms of Use".Housing repurchase terms have been used in practice and has different modes,but for repurchase,my country’s legislative documents are still blank,and there is also more controversies in judicial trials,so for housing repurchase The problem of the provisions is worthy of attention.Based on this,this paper starts from the contract to lift the dispute from a real estate company in Mianyang,summing up the controversy focus of this case: 1.Whether the real estate company can prove in accordance with the terms of the contract.2.If a real estate company can reimburse the borrowing of the loan in time.Focusing on dispute focus,combined with legal theory,law stipulates,and case facts,using theoretical arguments,comparative research,etc.,the case is as follows: First,the case returned to the real estate provider and the buyer,and the contract is released.There are many similarities.However,the nature of the buyback clause in this case is neither a contract with termination conditions,nor on the basis of the prior agreement between the parties to the contract,the nature of this repo terms will be analyzed.Close to the back of the guarantee.Second,Wang does not pay for the borrowing of the loan,and cannot be a basis for the release of a real estate company.Finally,on the basis of case analysis,thinking about the referee of the nature of the housing repurchase terms,and proposes corresponding recommendations.Finally,on the basis of case analysis,consider the current difficulties in judging the nature of the housing repurchase clauses.Based on the crossover of repurchase and assignment guarantees and the messy content of the repurchase clauses,it is necessary to clearly judge whether the repurchase is a assignment guarantee,the standard of discretion.And focus on clarifying several key elements of repurchase.