Zhongcheng Qingtai, real estate perspective: buyers do not have the qualifications to buy a house, whether the purchase contract signed is valid.
Published:
2020-12-04
1. Case Introduction
On January 24, 2018, Buyer A and Company B signed the "Commercial Housing Sales Contract", and Buyer A purchased a set of commercial housing developed and constructed by Company B. However, due to the introduction of the commercial housing purchase restriction policy in the city on April 19, 2017, according to the provisions of the policy, buyer a belongs to the purchase restriction situation in the purchase restriction policy, and buyer a will not be able to handle the online visa and delivery. Therefore, the buyer A requested the court to terminate the "commercial housing sales contract".
2. focus of controversy
Is the Commodity House Sales Contract between Buyer A and Company B valid?
3. referee point of view
The "Commercial Housing Sales Contract" signed by Buyer A and Company B is the true intention of both parties. It does not violate the mandatory provisions of laws and administrative regulations and should be legal and valid. This court confirms it in accordance with the law. During the performance of the contract, because buyer a belongs to the purchase restriction situation in the city's purchase restriction policy, the disputed real estate in this case cannot be signed and delivered online, buyer a's contract rights as a buyer are in an uncertain state, unable to realize its contract purpose, and is not conducive to the protection of the reasonable interests of the people. therefore, buyer a claims to terminate the "commercial housing sales contract" signed with company B, and the court supports it.
4. legal analysis
(I) Point 1: The Contract for the Sale and Purchase of Commercial Housing concluded between Buyer A and Company B is valid.
1. The "Commercial Housing Sales Contract" signed by Buyer A and Company B is the true intention of both parties, and there is no situation stipulated in Article 52 of the "Contract Law" and shall be valid.
2. The commercial housing purchase restriction policy is a kind of macro-control measure for real estate transactions. It is a kind of social public policy that the local government controls and controls the local real estate transactions. It belongs to the category of management norms. The purchase contract concluded in violation of the commercial housing purchase restriction policy does not produce the legal effect of invalid contract and should be valid.
(II) Point 2: The Contract for the Sale of Commercial Housing concluded between Buyer A and Company B is invalid
The purchase restriction policy of commercial housing implemented by the local government belongs to one of the national macro-control policies. Refer to the Supreme People's Court on the issuance.<全国法院民商事审判工作会议纪要>(Law [2019] No. 254) (hereinafter referred to as the "Minutes of the Meeting") Article 31 of the Notice, violation of the regulations generally does not affect the validity of the contract, but the content of the regulations involves financial security, market order, national macro policies and other public order and good customs, the contract shall be deemed invalid. If Buyer A violates the local government's commercial housing purchase restriction policy, it should be deemed as violating public order and good customs, and its purchase contract should be invalid.
5. Lawyer's View
Our lawyers prefer the first view. And for the second point of view, our lawyers hold different opinions:
Our lawyers believe that whether a violation of a policy constitutes a violation of public order and good customs should depend on the level and type of the policy. Generally speaking, contracts that violate the policies of the Party Central Committee and national policies can be deemed to constitute a violation of public order and good customs. And in violation of departmental policies, local policies such as violations of the local "purchase restriction" policy of the contract, it is generally not appropriate to violate good customs on the grounds that the contract is invalid. Therefore, for Buyer A's violation of the commercial housing purchase restriction policy issued by the local government, it should not be deemed invalid with reference to Article 31 of the "Minutes of Meeting.
Key words:
Related News
Zhongcheng Qingtai Jinan Region
Address: Floor 55-57, Jinan China Resources Center, 11111 Jingshi Road, Lixia District, Jinan City, Shandong Province
