More than a thousand words of judicial advice on how to provide pulse and prescription for social governance

2023-04-12

On April 3rd, the staff of the Taizhou Real Estate Registration Service Center in Zhejiang Province were informing both buyers and sellers in detail about the importance of pre registration. "To protect the legitimate rights and interests of homebuyers, prevent real estate transaction risks, both online signing and pre registration cannot be omitted!" The public who used the "Zheliban" app to handle real estate transaction procedures online also noticed a small change - when submitting information online, a "risk notification letter" automatically popped up, Both buyers and sellers should apply for the registration of real estate purchase and sale notice in a timely manner, otherwise they may face transaction risks. What is the repeatedly mentioned advance notice registration in real estate transactions such as houses in various parts of Zhejiang? Why is it highly valued by real estate registration agencies? All changes have to start with a type of case received by the Higher People's Court of Zhejiang Province. The enforcement of real estate has legal basis, but the people are in a dilemma in safeguarding their rights. Can risks be avoided in advance? The First Division of Trial Supervision of the Zhejiang High Court has been responsible for the trial of objection cases and providing business guidance throughout the province since 2010. During a certain period of time, the judges in the court suddenly realized that after lunch, the content that everyone often discussed seemed to start pointing to the same type of case, but the discussion continued, but their faces still showed embarrassment. In places such as Jinhua, Jiaxing, and Taizhou, real estate companies have filed lawsuits in court due to the breakage of their capital chain, the collapse of their real estate projects, and the inability of material suppliers, engineering contractors, banks, and other creditors to receive their due payments for goods and projects, demanding that the court seal up and enforce the properties under the name of the real estate company. On the other hand, the homebuyer who heard the news couldn't sit still and said, "I spent so much money on buying a house, and even people lived in it. How could the house still be executed?!" Everyone went to the court to raise objections to the execution, and the number of cases quickly increased. According to the Civil Code, real estate companies acquire ownership through legal construction activities. For first-hand properties that enter the market for trading, the real estate company must first register the ownership, and then complete the transfer registration before the ownership can be transferred to the buyer, But those of us who have bought a house know that due to the widespread use of pre-sale systems in reality, buying a first-hand house cannot achieve simultaneous payment and certificate processing. From contract signing, payment to property ownership certificate processing, it takes a considerable amount of time, even several years. During this period, if a real estate company's capital chain breaks or incurs debts due to other reasons, and enters the execution process, everyone will devote their lives or even generations of savings The purchased property may face the risk of failure At the same time, real estate companies often owe an astonishing amount of debt, with hundreds of properties being seized. In the case of a real estate company in Taizhou, as many as 344 houses were seized. Hundreds of houses are hundreds of families, and the influence behind them may be thousands or even tens of thousands of people! "Feng Yajing, director of the research room of Zhejiang High School, sighed. The group petition incidents caused by this have occurred from time to time, which have had a significant impact on social stability. In addition, in the field of second-hand housing, there are also numerous petition cases caused by the "one house, two sales" and "sell first and then arrive" policies of house sellers in various parts of the province, making the handling of cases difficult. Local governments

Edit:Ying Ying    Responsible editor:Shen Chen

Source:rmfyb.chinacourt.org

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