Is the sale contract of Changping small property right house valid?
1. According to the current land management laws, regulations and policies, the contract for the sale of small property rights houses should be considered invalid, but the seller knows that the houses and homesteads he sells are prohibited from circulating, and still claims that the contract is invalid on the grounds of illegally selling houses after years of sale, and should compensate the buyer for the loss of subordinate interests.
2. Article 63 of the Land Management Law of the People's Republic of China: "Farmers' collective land use rights shall not be sold, transferred or leased for non-agricultural construction; However, enterprises that meet the overall land use planning and obtain construction land according to law, except for the transfer of land use rights according to law due to bankruptcy, merger and other reasons. "
3. China's "Real Estate Management Law" stipulates that the rights of the house and the land use right within the scope of the house occupation are transferred and mortgaged at the same time. In other words, housing transfer in China is the integration of real estate and housing, which is a legal principle generally followed in real estate transactions in China.
4. Based on the integration of real estate and property, the sale of small property houses will inevitably lead to the transfer of land use rights occupied by houses, which is contrary to the provisions of the Land and Land Management Law of People's Republic of China (PRC). Paragraph 5 of Article 52 of the Contract Law of People's Republic of China (PRC) stipulates that "the contract is invalid if it violates the mandatory provisions of laws and regulations".
5. Therefore, the contract for the sale of small property houses is invalid because it violates the mandatory provisions of the law.
How to protect one's rights and interests when buying and selling small property houses in Changping
1. Small property houses usually sign collective transfer contracts, which are traded after being collectively sealed. If you want more protection, you have to ask a lawyer for notarization. Strictly speaking, second-hand houses with small property rights include: purchased public houses, rural houses, and houses with the right to use. According to the different nature of these houses, they will be treated differently when the property is transferred.
2. "Purchased public housing", as long as the purchaser pays the land transfer fee, that is, 1% of the purchase price, can be equivalent to the listing and sale of commercial housing. "Rural property right" belongs to the rural collective, so it is difficult to change the property right relationship and transition to complete property right, otherwise the land system of the country will be shaken.
3. Because there are no specific laws and regulations on the sale of small property rights houses, at this stage, local courts have different ways to deal with cases related to the sale of small property rights houses. The above article is about whether the contract for the sale of small property houses in Changping is valid and how to protect your rights and interests in the sale of small property houses in Changping, hoping to help those in need.