The whereabouts of the landlord is unknown after the purchase of the house witho - Civil cases - Thesis

Thesis

Civil cases

The whereabouts of the landlord is unknown after the purchase of the house witho

Date:2019-11-28 13:15:52 | Visits：

The whereabouts of the landlord is unknown after the purchase of the house without the property certificate. Can the transfer request be supported?

Jiangsu dongdazhou law firm Zhu Liming

I. basic case information collection

Case type： Lawyer Litigation case

Business type：Civil Litigation

Judgment time of the court：July 20, 2018

Court Name：People's Court of Wujiang District, Suzhou

Name of attorney :Lliming Zhu, Jianhua Dong

Key words：house purchase, demolition and resettlement

II. Case text collection
[brief introduction of the case]

On October 11, 2013, Mr. Wei purchased from Mr. Yu through the real estate intermediary a set of house XXX, building x, Xingfu garden, hubinhuacheng, Songling Town, Wujiang District, with a building area of 84.3 square meters and a transaction price of 490000 yuan. On that day, Mr. Wei signed the Wujiang District Housing sales contract with Mr. Yu and the real estate agency, which stipulated that Mr. Wei would pay a house purchase deposit of 15000 yuan on the date of signing the contract, and a house purchase payment of 285000 yuan before November 1, 2013, and the balance would be paid when the house was transferred, and the insufficient part of fund custody would be supplemented by Mr. Yu.

After the signing of the above contract, Wei paid Yu a house purchase deposit and house purchase money according to the contract, and obtained the key of the above house on November 18, 2013, which has been decorated and occupied so far.

After that, the above-mentioned houses were initially registered in the name of a certain city construction and Development Co., Ltd., and a certain city construction and Development Co., Ltd. issued a sales invoice for the above-mentioned houses to Yu on November 13, 2013, but Yu has not registered the transfer of property rights of the above-mentioned houses in his own name so far, resulting in the inability to register the transfer of property rights of the above-mentioned houses in the name of Wei so far.

Wei entrusted our lawyer to file a lawsuit to the court on behalf of him, requesting Yu to transfer and register the property right of room XXX, building x, Xingfu garden, hubinhuacheng, Songling Town, Wujiang District, to the plaintiff's name, with the assistance of a city construction and Development Co., Ltd. The court of first instance ruled that Yu XX should register the ownership of room XXX, building x, happiness garden, hubinhuacheng, Songling Town, Wujiang district within 10 days from the effective date of the judgment, which should be assisted by a city construction and Development Co., Ltd.; Yu XX should transfer the ownership of room XXX, building x, happiness garden, hubinhuacheng, Songling Town, Wujiang district to Wei Mou on the date of completing the ownership registration, and Yu XX should go to the court to collect the ownership after the completion of the transfer The remaining purchase price is 190000 yuan.

[opinion of agent]

The main focus of the dispute in this case includes: (1) whether the rest of XXX has the right to dispose the houses involved; (2) whether the houses involved have the conditions to handle the certificate and transfer the ownership.

I. Yu has the right to dispose of the houses involved.

In this case, the house of room XXX, building x, happy garden, hubinhuacheng, Songling Town, Wujiang District involved in the case is legally obtained by the defendant Yu and his son due to relocation. The divorce agreement between Yu and his husband clearly stipulates that the house belongs to Yu, and Yu brings up the minor son. Yu, who signs the house sales contract as the seller, shall be deemed to have the right to dispose of the house involved, which is exactly the right Based on this, the court finally determined that the house sale contract signed by Wei and Yu was the true intention of both parties and should be legal and effective.

2. The houses involved in the case have the conditions for handling certificates and transfer of ownership.

In this case, on October 16, 2015, the house involved was registered in the name of a certain city construction and Development Co., Ltd. on July 13, 2016, Yu signed to confirm the receipt of the initial certificate of the house involved, while a certain city construction and Development Co., Ltd. submitted a statement to the court before the court session to confirm that the house involved in the case developed and constructed by the company has completed the first registration of the real estate unit, and has In conclusion, the houses involved in the case have the conditions for handling the certificate. At the same time, after the signing of the house sales contract, Wei paid a total of 300000 yuan of house purchase deposit and house purchase money to Yu according to the contract, and handed the remaining 190000 yuan of house purchase money to the court in full, so the house involved has the conditions for transfer.

[judgment result]

The court of first instance ruled that it supported all of Wei's claims.

[judgment document]

The court of first instance held that the house of room XXX, building x, happy garden, hubinhuacheng, Songling Town, Wujiang District involved in the case was legally obtained by the defendant Yu and his son due to relocation, and the divorce agreement between Yu and his husband clearly agreed that the house belongs to Yu, and Yu raised the minor son, and Yu signed the house sales contract as the seller, which should be regarded as the right to dispose of the house involved, Therefore, the house sales contract signed between Wei and Wei is the true intention of both parties, which should be legal and effective, and both parties should fully perform their contractual obligations in the principle of good faith. After the signing of the contract, Wei has paid the purchase price of 300000 yuan to Yu, and paid the remaining purchase price of 190000 yuan to our hospital. At present, the house involved in the case has the conditions for handling the certificate and transfer of ownership. Therefore, Wei requires Yu to handle the ownership certificate of the house involved and transfer the house to Wei, which is supported by our hospital.

To sum up, the court of first instance upheld Wei's all claims.

[case analysis]

I. is Yu XX entitled to dispose of the house involved in the case?

2. Does the house involved in the case have the conditions for handling the certificate and transferring the ownership?

Conclusion and suggestions

This case involves the purchase and sale of the house to be demolished and relocated. When the buyer and the seller sign the house sales contract, the house to be demolished and relocated does not have the conditions to handle the certificate. It usually takes about two years to handle the certificate. During this period, many things are difficult to control. This case is the case. After the buyer and the seller sign the house sales contract, the buyer pays the house purchase deposit and the house purchase price according to the contract, and the seller after the decoration and occupancy Due to the unknown whereabouts of the debt, the buyer failed to register the transfer of the property right of the house in his own name when he had the certificate. However, the buyer had to resort to litigation.

At the same time, the house demolition and resettlement involves other family members. When signing the house sales contract, it also involves the issue of whether the signer who is the seller has the right to dispose. In this case, the house involved is legally obtained by the defendant Yu XX and his son due to relocation. The divorce agreement between Yu XX and his husband clearly stipulates that the house belongs to Yu XX, and Yu XX raises the minor son. Yu XX is in As the seller's signature on the house sale contract, it should be regarded as the right to dispose the house involved in the case. Based on this, the court finally determined that the house sale contract signed by the buyer and the seller is the true intention of both parties and should be legal and effective.

To sum up, we must be careful when purchasing the house for demolition and resettlement. When signing the house sales contract, we must let all the family members involved sign on site, let the real estate agency keep all the materials of the seller's house for demolition and resettlement, and let the seller handle the certificate timely through the real estate agency when the conditions are met. If the seller delays, it is suggested to sue as soon as possible.

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