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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
  • 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
  • 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
  • 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
  • The house donation shall be made through a written donation agreement, and the corresponding taxes shall be paid according to law and notarized. The donor and the donee need to go to the real estate transaction center to handle the transfer registration, and submit the application, identity certificate, property right certificate, gift agreement and notarized documents. The delivery of gift right is subject to the registration of property right transfer. However, if the agreement is valid and the physical delivery is not registered, the gift is still valid, and the Supreme Law is supported by relevant judicial interpretations. #Property disputes 867 readings
  • The waterproof layer on the roof of the commercial housing will enjoy quality assurance within five years. During this period, the owner can appeal to the developer for water seepage, and the developer will be responsible for free repair. Artificial damage is not within the scope of warranty, which may require payment for repair. It is recommended to find a vandal or the property to deal with it, which may need to bear the cost. If the negotiation fails, legal channels can be considered. The welfare housing and self built housing should be referred to the property right unit or management department for water leakage. #Property disputes 1297 readings
  • During the delivery and acceptance of commercial housing, it is necessary to focus on checking the compliance of the main structure of the housing (including the area, orientation and public areas), and if problems are found, they should be put forward in a timely manner; Pay attention to air quality to ensure the health of residents; Carefully check the perpendicularity and flatness of the wall and the wall, as well as the floor laying, to avoid structural problems; At the same time, professional inspection shall be carried out for concealed works such as water circuit transformation, suspended ceiling and toilet waterproof, and professional personnel can be sought for accompanying if necessary. All non structural problems shall be confirmed in writing by the developer's repair commitment. #Property disputes 1345 readings
  • The refund of the advance payment for the transfer of shops depends on the specific situation: if the transfer or life is affected by the seller's construction quality problems (defects in the main structure), and the seller sells or mortgages the property without permission, the buyer can terminate the contract and request a refund in accordance with the Civil Code, and will not be liable for breach of contract. On the contrary, if the buyer only reneges on the contract for personal reasons, it is generally difficult to refund the money, which is deemed as breach of contract and shall be liable according to the provisions of the contract. #Property disputes 861 readings
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