Perspective | Analysis of the Applicable Statute of Limitations for Disputes over Commodity Housing Sale Contracts
Published:
2024-12-18
Statute of limitations: The statute of limitations refers to the legal system whereby a right holder loses the ability to request the court to protect their civil rights if they do not exercise their rights within a legally defined period. The law stipulates a specific "statutory limitation period"; if the right holder does not exercise their rights during this period, their failure to act may affect their right to win the case. It is particularly important to note that if the other party does not raise a defense based on the statute of limitations, it is considered that they have automatically waived that right, and the court shall not proactively apply the statute of limitations but should accept and support their litigation request.
Statute of limitations:The statute of limitations refers to the legal system whereby a right holder loses the right to request the court to protect their civil rights if they do not exercise their rights within the statutory period. The law stipulates a certain "statutory limitation period"; if the right holder does not exercise their rights during this period, it will affect their right to win the case due to their inaction. It is important to note that if the other party does not raise a defense of statute of limitations, it is deemed that they have automatically waived that right, and the court shall not apply the statute of limitations ex officio, but should accept and support their litigation request.
Article 188 of the Civil Code stipulates that the statute of limitations for requesting the protection of civil rights from the people's court is three years, unless otherwise provided by law. The statute of limitations begins to run from the date the right holder knows or should know that their rights have been infringed and from the date the obligor is aware. If otherwise provided by law, it shall be in accordance with those provisions. However, if more than twenty years have passed since the rights were infringed, the people's court will not provide protection, unless there are special circumstances, in which case the people's court may decide to extend the period based on the application of the right holder.
The main types of creditor's rights and applicable statutes of limitations in disputes over commodity housing sales contracts are as follows:
1. Request for double return of the deposit or return of the deposit
In commodity housing reservation contracts (subscription, reservation, order, etc.), it is generally agreed that a deposit is paid. If the seller fails to conclude the "commodity housing sales contract" due to reasons attributable to them, the buyer may claim double return of the deposit. If the "commodity housing sales contract" cannot be concluded due to reasons not attributable to either party, the seller should return the deposit to the buyer. This claim belongs to the category of creditor's rights and should be subject to the statute of limitations, which is three years.
2. Request for delivery of the house
When the deadline for the seller to deliver the house as stipulated in the commodity housing sales contract expires, the buyer can request the seller to deliver the house according to the contract. This claim belongs to the category of creditor's rights and should be subject to the relevant provisions of the Civil Code regarding the statute of limitations.
However, in calculating the start of the statute of limitations, specific circumstances should be distinguished:
1. If the house meets the statutory delivery conditions, the statute of limitations begins to run from the expiration of the delivery period stipulated in the contract;
2. If the house does not meet the statutory delivery conditions, the statute of limitations should start from the date the house meets the statutory delivery conditions.
Relevant provisions:
Article 61 of the Construction Law of the People's Republic of China stipulates that "the delivered completed construction project must meet the prescribed quality standards, have complete technical and economic documentation, and a signed warranty, and meet other completion conditions stipulated by the state."
A construction project can only be delivered for use after passing the completion acceptance; it cannot be delivered for use if it has not been accepted or if the acceptance is not qualified.
3. Request for liquidated damages for overdue delivery of the house and overdue processing of certificates
According to relevant laws and regulations, the "commodity housing sales contract" generally stipulates that the delivery of the commodity housing should meet the following conditions: ① the commodity housing has obtained the completion acceptance filing certificate; ② the commodity housing has obtained the property measurement report; ③ the seller provides the "Residential Quality Certificate", "Residential User Manual", "Residential Quality Guarantee", etc. At the same time, the "commodity housing sales contract" stipulates the time for property registration.
It is necessary to distinguish whether the stipulated breach of contract liability is a one-time creditor's right or a continuous creditor's right. If it is a one-time creditor's right, the statute of limitations starts from the expiration of the agreed or statutory period; if it is a continuous creditor's right, the statute of limitations should start from the expiration of each debt performance period.
4. Request for payment of the house price and liquidated damages for overdue payment
The buyer's timely and full payment of the purchase price is the main obligation of the buyer in the commodity housing sales contract, which constitutes a typical creditor's right for the seller. If the buyer delays payment of the purchase price, it also constitutes a breach of contract, and if the contract has clear stipulations, the liquidated damages should be calculated according to the agreement. Both of these claims belong to the category of creditor's rights and should be subject to the statute of limitations, which is three years.
5. Request for processing the property certificate
Processing registration is one of the effective conditions for the change of real estate property rights. Requesting the registration of the house's real estate belongs to the category of property rights claims or claims with property rights attributes. Given the comprehensive nature of property rights acquisition, in general housing sales, the delivery of the house and the processing of the property certificate should be unified. Therefore, if the possession of the house has been transferred, the corresponding claim for processing the property certificate based on possession belongs to the category of property rights claims and is not subject to the statute of limitations.
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