The seller and the housing authority seem to be at fault, and the lawyer deftly solves the dilemma

2022-05-08 0 By

When Yang Ziqin, a lawyer from Jiangsu Daoduo Law Firm, purchased a’s demolition and resettlement house, A pretended to be husband and wife with B and asked the housing management department to change the property right to B’s name, but b could not transfer the ownership.Lawyer Yang Ziqin believes that it is reasonable for the housing administration department to reject the application for illegal reasons, but the purchase contract is valid, should respect the facts and law, can directly Sue A to fulfill the obligation of property rights change.Party A shall cooperate with Party B to register the change of default judgment of the final court.Clear legal thinking, wise perspective in handling cases, proper selection of rights protection measures, and lawful protection of the legitimate rights and interests of the parties.AAAA year AA month AA day, a and B signed “purchase contract”.The Purchase Contract stipulates that: 1. Party A will sell the demolition and resettlement house (hereinafter referred to as the house involved) to Party B at the price of KKK YUAN;2. Party B shall pay PARTY A RMB L million in advance upon signing the contract, and the remaining RMB MMM Million shall be paid by Party B when Party A draws lots (house selection);3. If the house price of both parties has been fixed, Party A shall not raise the price. If Party A raises the price, Party A shall breach the contract.4. When the demolition and resettlement unit arranges for house acquisition, A shall actively inform B to be present for house acquisition;5. Party A shall unconditionally cooperate with Party B in handling the transfer procedures, and the transfer expenses shall be borne by both parties.After the Purchase Contract is signed, Party B pays A deposit of L million yuan to Party A as agreed in the contract, and the final payment of MMM million yuan will be paid to Party A after Party A chooses the house.After selecting the houses involved, A will hand over the keys of the houses involved to B.The house involved has been under the actual control of B till now.After controlling the house involved in the case, PARTY B will give the house involved to Party C for rent, and Party C will give the rent from the house to Party B.As the house involved is a resettlement house, A cannot obtain the property right registration of the house involved under the control of B for the time being, so the property right of the house involved cannot be transferred to B’s name for the time being.After the houses involved meet the conditions for property right registration, Party B goes to Party A and asks Party A to register the change of property right of the houses involved to Party B in accordance with the provisions of the Purchase Contract.A said that the purchase price of the house involved in the case needs to be increased, otherwise A will not cooperate with B to register the change of property rights of the house involved.At the same time, A also told B that if B increases the purchase price, the property right of the house involved can be directly changed to b’s name.In order to complete the property right change registration of the house involved as soon as possible, B paid the increased purchase price to A through C.After that, a applied to the housing property right registration authority to register the property right change of the house involved in the case to B on the grounds that he and B were husband and wife.After examination, the housing property right registration authority found that Party A and Party B were not husband and wife, so they did not agree to register the change of property right of the house in party B’s name.Party A informed Party B that the housing property right registration authority did not agree to register the change of property right of the houses involved in the case under Party B’s name, and that it was unable to solve the problem. On this grounds, Party A no longer ignored Party B’s request to register the change of property right of the houses involved in the case under Party B’s name.B consulted the lawyer of other law firm, the lawyer of other law firm replied B, ① according to the agreement of “purchase contract”, A cannot register the property right change of the house involved to B’s name, this is a breach of contract.Party B may file a lawsuit with the court, requiring Party A to register the change of property right of the house involved in the case in party B’s name and require Party A to bear the corresponding liability for breach of contract.(2) because of a and b sign the purchase contract is valid, so, the building property right registration authority is not agreed to the house property right registration of change involved to b’s name is not legitimate, so, b can also be aimed at building property right registration authority, to bring administrative prosecution for house property right registration authority will be involved in the property right registration of change to b’s name.Party B thinks that ① The housing property right registration authority does not agree to register the property right change of the houses involved in the case under party B’s name, which is not entirely attributable to Party A. It seems unreasonable to directly Sue party A to require party A to register the property right change of the houses involved in the case under Party B’s name and require Party A to bear the corresponding liability for breach of contract.② To take the housing property right registration authority as the defendant, to file an administrative lawsuit, requiring the housing property right registration authority to register the property right change of the house involved in b’s name, sounds reasonable, but I always feel that something is not quite right.B then asked us how to solve the problem.We believe that we first agree with other lawyers on “it is legal and valid for PARTY A and Party B to sign the purchase Contract”.However, because the fact of the case is that “the housing property right registration authority does not agree to register the property right change of the house involved in B’s name”, the appearance of the reason seemingly not attributable to A may cover up the essence of A’s breach of contract.Without stripping away this layer of appearance, it may be difficult to be understood by others to file a lawsuit to the court on the grounds of a’s breach of contract, requiring A to register the change of property rights of the houses involved in the case in B’s name and requiring A to bear the corresponding liabilities for breach of contract.Therefore, It is not advisable for Party B to rashly and simply claim that Party A has breached the contract and “file a lawsuit with the court to require Party A to register the change of property rights of the houses involved in the case to Party B and require Party A to bear the corresponding liabilities for breach of contract”.Instead, we should first peel off the behavioral representation of A and prove the essence of a’s breach of contract in essence.Secondly, because Party A and Party B are not husband and wife, “Party A applies to the housing property right registration authority to register the property right change of the house involved in the case to Party B on the grounds that they are husband and wife.After the examination, the housing property right registration authority found that Party A and Party B were not husband and wife, so they did not agree to register the change of property right of the house involved in the case to Party B’s name. “The specific administrative act of the housing property right registration authority was not justified in accordance with the law.Therefore, it will not get legal support for B to “take the housing property right registration authority as the defendant and file an administrative lawsuit to require the housing property right registration authority to register the property right change of the house involved in B’s name”.Therefore, b should not choose this approach.However, because “it is legal and effective for Party A and Party B to sign the Purchase Contract”, party B can register the change of property right of the house involved in the case to its own name according to law.Now, the problem that B faces, or needs to solve, is how to register the change of property right of the house in B’s name according to the law through the most appropriate method.Party B agrees with our legal analysis and entrusts us to help it register the change of property right of the houses involved in the case to Party B.Yang Ziqin, the lawyer in charge of the case, believes that there should be no problem in principle to register the change of property rights of the houses involved in the case to B’s name.The question is, what is the most appropriate way for B to solve this problem?To solve this problem, we must have a clear understanding of the following issues.1. Party A and Party B are not husband and wife, so if the housing property right registration authority does not agree to register the property right change of the house involved in the case to Party B’s name because “Party A and Party B are not husband and wife”, does that mean that the housing property right registration authority absolutely does not agree to register the property right change of the house involved in the case to Party B’s name for any reason?Legally, that is certainly not the case.2. Since the housing property right registration authority does not agree to register the property right change of the houses involved in the case to B because “Party A and Party B are not husband and wife”, it does not mean that the housing property right registration authority absolutely does not agree to register the property right change of the houses involved in the case to B for any reason.A and b is the relationship with oneself, then, on the grounds that apply to the building property right registration authority will be involved in the building of the property right registration of change to b’s name, is obviously a chose inconsistent with the facts and certainly will not acceptable reason for building property right registration authority, apply to the building property right registration authority will be involved in building property right registration of change to the b’s name.3. According to the general public’s normal cognition of social life, A should be aware that the reason he fabricated “A and B are husband and wife” will be completely discerned and recognized by the housing property registration authority.Therefore, although we cannot assume that A is deliberately creating obstacles for the alteration of property rights of the houses involved to be registered under B’s name, we must attach great importance to it.Therefore, Yang ziqin believes that the key to solving the problem of “registering the change of property right of the house involved in b’s name” is to solve the problem that “A must respect the facts and apply for registering the change of property right of the house involved in B’s name with legitimate reasons”.The analysis of Lawyer Yeoh ziqin, let Yi MAO Saiyan.How to solve the problem that “PARTY A must respect the facts and apply to register the change of property right of the house involved in party B’s name with legitimate reasons”? Lawyer Yang Ziqin believes that under normal circumstances, it can first exchange views with the housing property right registration authority and get the consent of the housing property right registration authority that “as long as there are legitimate reasons,After the opinion that the property right of the house involved can be changed and registered in THE name of B, it is appropriate to “file a lawsuit with the court and require A to register the property right change of the house involved in the name of B according to the stipulation of the Purchase Contract”.However, there are two drawbacks: first, it belittling the legal cognition level of the housing property registration authority.We should believe that as long as there are legitimate reasons, the housing property right registration authority will agree to register the change of property right to B.Second, belittling the legal cognition level of the housing property right registration authority may lead to unnecessary administrative disputes between b and the housing property right registration authority.Such, will certainly affect b will be involved in the change of property rights registered to b the speed of affairs.Therefore, B can directly with “A will be involved in the housing property rights change registration to b on the issue, with improper reasons pervious”, to the court, requiring a according to the “purchase contract” agreement, will be involved in the housing property rights change registration to B.In this way, A uses the appearance that “the housing property right registration authority does not agree to register the change of property right of the house involved in B’s name” to cover up the nature of his breach of contract.At the same time, whether A is willing to register the change of property right of the house involved in b’s name with a legitimate reason, namely according to the stipulation of the “Purchase Contract”, can also fundamentally test whether a’s sincerity to fulfill the “purchase Contract” exists.B thinks that without obtaining the opinion of the housing property right registration authority that “as long as there are legal reasons, the property right of the house involved can be changed and registered to B’s name”, he will file a lawsuit to the court, which will lead to the lack of sufficient reasons for his claim in the litigation process., Yang Ziqin lawyers explain: 1, b should believe, for a “according to the stipulations of the contract that buy a house, will be involved in the building of property right change is registered under the name” b, should be fully believe that courts and judges to armor “according to the stipulations of the contract that buy a house, will be involved in the building of property right change is registered under the name” b this problem, make the legal judgment.2, B should believe that as long as there is a court of a should “according to the” purchase contract “agreement, will be involved in the property rights of the housing change registration to B name” after the decision, the housing property rights registration authority will execute the court’s judgment in accordance with the law.These two believe that they can speed up the process of registering the change of property right of the houses involved in the case to PARTY B’s name, and also effectively avoid unnecessary administrative disputes between Party B and the housing property right registration authority.As Yang ziqin’s lawyer judged, party B proved party A’s sincerity in fulfilling the purchase contract by suing, and party A refused to attend the lawsuit in court.Therefore, Yang Ziqin lawyer should base on a “according to the stipulations of the contract that buy a house, will be involved in building the property change is registered under the name” b, should not be “of the housing property change is registered under the name made b plausible disorder”, asked the court ruling party a with b will be involved in the building property right registration of change to the b’s name.When A refused to appear in court to participate in the lawsuit, the court made a judgment by default according to law, the Purchase Contract signed by A and B is valid, and ordered A to assist B in registering the change of property rights of the houses involved.