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Period room is restricted to turn after policy comes on stage, open to booking a
From;    Author:Stand originally
After this city carried out period room limitation to make over policy last year in April, period room makes over both sides to be used in succession sign what draft oneself period room makes over contract of agreement of contract, deposit or Shanghai estate business to wait will agree period room makes over relevant right obligation, after selling party of definite agreement obtains building miscarriage evidence, deal with again trade formalities of change the name of owner in a register.
But price of the house since second half of the year rose continuously last year, former the period room of low undersell is most house price rose 20 % above, achieve 30 % above even individually, suffer interest of a huge sum to drive, period room bargainor disables with the contract in succession for break one's promise, the requirement removes contract, return house money, some active even demands times doubler return return deposit or undertake responsibility of breach of contract, the truth is very simple, of house price rise the amount that extent already exceeded deposit or penalty due to breach of contract far.
At present court of each area class accepts Shanghai this kind of period room in the hand makes over issue amount particularly much, but each court is skimble-scamble to viewpoint of processing of this kind of dispute.
The first kind of viewpoint thinks, no matter bilateral party is signed, is the period house that imitates oneself make over a contract or contract of formal Shanghai estate business, since period room makes over bilateral agreement, after waiting for a bargainor to handle miscarriage card, deal with again trade formalities of change the name of owner in a register, so the contract that this attachs a condition namely, should be only before lawsuit or in litigant process, the condition that attachs is accomplished or can accomplish, the contract should be belonged to lawful and effective, should grant to be fulfilled actually.
The 2nd kind of viewpoint thinks, basis city estate makes over code and the Shanghai such as administrative regulation period room is restricted to turn policy, before obtaining building miscarriage evidence, period room bargainor makes over period room behavior to should be belonged to invalid.
The 3rd kind of viewpoint thinks, after if period room made over both sides to sign contract of formal Shanghai estate business to be in the contract,making clear conventional selling party to handle miscarriage card, deal with trade formalities of change the name of owner in a register, it is a business contract that attachs a condition, should belong to effective; If period room makes over both sides to did not sign contract of formal Shanghai estate business, signed what draft oneself only period room makes over a contract, so it is invalid that this period room makes over a contract.
Because dispute of this kind of house property does not have unified judicatory at present,the explanation comes standard, the hearsay on market of reason house property in succession, cause this kind of dispute to grow in intensity, show ceaseless ascendant trend.
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