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Can developers buy over built houses


        

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  • 2024-06-19 20:00:49

    Generally, it is not recommended to buy houses overbuilt by developers. Because it is difficult to apply for property ownership certificate for such houses, it is not recommended to buy them. If the developer conceals the situation of overbuilding, the buyer can demand the return of the house purchase money and interest paid and compensate for the loss.
    Legal basis:
    Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts
    The pre-sale contract of commercial housing concluded between the seller and the buyer without the pre-sale license of commercial housing shall be deemed invalid, but it can be deemed valid if the pre-sale license of commercial housing is obtained before the prosecution.
    Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts
    When the Seller enters into a commercial housing sales contract, if the contract is invalid or cancelled or terminated due to one of the following circumstances, the Buyer may request the return of the paid purchase price, interest and compensation for losses, and may request the Seller to bear the liability for compensation not exceeding one time of the paid purchase price:
    (1) Deliberately concealing the fact that no pre-sale permit of commercial housing has been obtained or providing false pre-sale permit of commercial housing;
    (2) Deliberately conceal the fact that the house sold has been mortgaged;
    (3) Deliberately conceal the fact that the house sold has been sold to a third person or the house has been relocated for demolition compensation.

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    2024-06-19 20:00:49

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