The agreement could not continue to be performed due to violation of the law, so Jiang requested to terminate the contract, which was supported by the court.
Case 3: Mr.
The court held that the real estate sales contract signed by both parties was the true intention of both parties, the content was legal and effective, and both parties should strictly abide by it.
Li sued the court and asked Shi to remove the illegal building on the house to handle the transfer formalities, and pay the corresponding liquidated damages.
Li restored the house to its original state and the administrative authority revoked the restrictions on property right transfer, Mr.
It was decided that Mr.
Li at a total price of 56 million yuan.
Shi assisted Mr.
Mr.
Shi would sell a garden house to Mr.
Violation of construction, mortgage, seizure, etc.
Xue returned the house payment and interest, and paid liquidated damages, attorney’s fees, etc.
Shi counterclaimed to confirm that the contract was invalid.
Xue signed a real estate sales contract with Mr.
Shi to confirm that the contract was invalid.
Jiang, agreeing that Mr.
Li.
The dissolution of a contract can be divided into two situations: consensual dissolution and statutory dissolution.
Li in going through the registration procedures for property right change of the house and paid liquidated damages to Mr.
In this case, can one party claim that the sales contract is invalid or request to terminate the contract on the ground that the house is attached with illegal buildings and cannot be transferred? What legal responsibilities should the buyer and seller bear? 1、 Illegal buildings, temporary buildings or houses attached with illegal buildings are all restricted transactions.
The two parties reached an agreement again, and Mr.
Zou filed a lawsuit to the court, demanding that the sales contract be rescinded, and Gong returned the purchase price of 2.15 million yuan.
In this case, the real estate sales contract signed by both parties is legal and valid.
2、 The house sales contract with illegal buildings attached is not necessarily an invalid contract case 1.
Zou would buy a house from Mr.
It can be seen from this that whether such housing sales contract can be terminated depends on the specific agreement of both parties and whether it meets the statutory conditions for termination as prescribed by law.
The contract was terminated and Jiang’s remaining claim was rejected..
The court held that the two parties agreed to restore the illegal building to its original state after the transfer of ownership was completed.
The competent housing administrative department may restrict the transaction of houses that have been rebuilt or rebuilt without approval, because the actual situation is inconsistent with the rights recorded in the real estate register, and it may identify them as houses with illegal buildings and connected structures.
Xue was responsible for removing the illegal buildings in the patio.
Although the house has illegal construction, which leads to transfer restrictions, as long as the illegal construction is removed and the house is restored to its original state, the obstacles to the performance of the contract can be removed, and the sales contract can continue to be performed, without affecting the effectiveness of the contract.
Shi delivered the house to Mr.
Li signed a house sales contract with Mr.
Zou and Gong did not agree that if the house is attached with illegal buildings and cannot be transferred, one party can terminate the contract, so the case does not meet the conditions for consensual termination.
Although during the performance of the contract, the house was restricted by the administrative department to handle the transfer formalities due to the illegal construction attached to it, the relevant illegal construction has been demolished, which has met the transfer conditions, and the lawsuit request of Zou is unfounded in law.
Therefore, the property rights of the houses under the above three conditions cannot be transferred.
After Mr.
Gong, agreeing that Mr.
Zou signed a real estate sales contract with Mr.
3、 The house is attached with illegal buildings, which does not necessarily constitute the conditions for the termination of the contract Case 2: Mr.
Jiang would buy a house on the first floor from Mr.
Shi, which agreed that Mr.
Later, because the house registration was attached with illegal buildings, the two parties could not handle the transfer.
In the lawsuit, Gong demolished relevant illegal buildings.
At the same time, Mr.
Only by the fact that the transaction is restricted due to the attachment of illegal buildings, it cannot be concluded that the contract can be terminated.
Shi rejected the counterclaim request of Mr.
Gong.
Before the illegal building is demolished, the real estate registration authority will not handle the relevant real estate registration.
However, the reconstruction and reconstruction without the approval of the competent housing administrative department is an illegal act, which will lead to the legal consequences of the house being restricted from trading.
Since both parties are responsible for the termination of the contract, they shall not be liable for breach of contract.
Gong has demolished the relevant illegal buildings, and the sales contract can continue to be performed, so this case does not comply with the provisions of Article 563 of the Civil Code on statutory rescission.
After the house was transferred, the patio would be restored to its original state.
After hearing, the court decided to reject Zou’s claim.
Xue.
Later, because the house was attached with illegal buildings, the real estate trading center would not handle the transfer registration.
After the demolition of illegal buildings, Jiang filed a lawsuit to the court on the ground that Xue intentionally concealed the illegal buildings attached to the house, demanding the termination of the contract.
Li for late delivery.
Mr.
The court held that the house purchase and sale contract signed by both parties was not invalid as stipulated in the Contract Law of China and should be valid.
Author: Zhang Wenru, Assistant Judge of the Civil Court of the Second Intermediate People’s Court of Shanghai, Master of Law of Fudan University, in the second-hand housing transaction, villas, top floors, and the first floor with patio are often welcomed by some buyers because of their transformability.
are objective obstacles in the performance of the contract, and obstacles in performance do not mean that the contract is invalid.
After the contract is signed, the housing administrative department makes a confirmation that the house is attached with an illegal building.
According to Article 20 of the Shanghai Real Estate Registration Regulations, the real estate registration authority shall make a decision not to register under any of the following circumstances: (1) illegal occupation of land; （2） Those belong to illegal buildings, temporary buildings or are attached with illegal buildings; （3） Failure to provide valid real estate ownership certificate; （4） A dispute over the ownership of real estate is under litigation, arbitration or administrative settlement; （5） The items applied for registration conflict with the records in the real estate register; （6） Other circumstances under which registration is not allowed according to laws and administrative regulations.
