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The owner has encountered the problem of the floating window that is not planned or cannot be implemented in the purchase contract. Even if the physical object is missing, the developer still needs to bear the liability for breach of contract as agreed. If the contract clearly stipulates the penalty for breach of contract, it must be executed; If not specified, it shall be subject to regulations. Generally, the penalty shall not exceed 30% of the contract amount. If it is lower than the actual loss, the court or arbitration institution may increase it; On the contrary, excessive liquidated damages can be reduced as appropriate.
#Property disputes
1450 readings
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The owner has the right to request to return the house under the following circumstances: 1) The error of the measured area of the house exceeds 3% of the contract mark; 2) The developer delays in delivering the property; 3) The developer changes the project plan or design without authorization, affecting the quality of the house; 4) Purchase of property without pre-sale permit; 5) The main structure of the house seriously affects the use; 6) Difficult problem of property right transfer; 7) The loan application was not approved, and there was no consensus on the payment method; 8) Other check-out conditions agreed in the contract are met.
#Property disputes
1461 readings
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It is not necessary to provide a divorce agreement for the purchase of a house, but in case of property transfer, such as sale or transfer of ownership, the divorce certificate or single certificate shall be presented to prove the marital status. The house ownership certificate is very important for transactions such as sale, lease and mortgage, and is the basic legal document for real estate transactions. Without the ownership certificate, the transaction cannot be carried out, including sales, gifts, inheritance, etc., and the signed contract may also be invalid and lack of legal protection. Before obtaining the ownership certificate, the housing rights and interests have not been formally established.
#Property disputes
1063 readings
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Parents usually choose the free way to give houses to their children. First, they sign a letter of donation in written form. During the gift process, both parties shall carry the property certificate, gift contract and other materials, pay taxes and notarize. China's laws require notarization and ownership transfer registration, and materials such as transfer application, identity certificate, property right certificate, gift certificate and notarial certificate shall be submitted. The act of gift is subject to the registration of property right transfer. Even if it is not registered, as long as the contract is formed and the physical delivery is made, the gift is also considered valid.
#Property disputes
1340 readings
