Supreme People's Court announcement
"Supreme People's Court on the trial of real estate contract dispute case law applicable to a number of issues of interpretation" was the 1267 meeting of the Supreme People's Court Judicial Committee of 24 March 2003. It is hereby promulgated and shall go into effect June 1, 2003.
Correct and timely trial real estate contract disputes, according to "People's Republic of China Civil Law", "People's Republic of China Contract Law", "People's Republic of China on Urban Real Estate Administration Law," "People's Republic of China Guarantee Law" and other relevant laws and regulations, civil trial practice, the enactment of this interpretation.
The first explanation of this alleged real estate sales contracts, refers to the real estate development enterprises (hereinafter referred to as the seller) that have not been completed or has been completed to social housing sales and the transfer of home ownership to the buyer, the buyer pays the price contract.
Article seller of real estate sale without obtaining a permit, real estate sale contract entered into with the buyer shall be deemed invalid, but in front of the prosecution to obtain pre-sale permit Ming, can be considered valid.
Sales of advertising and promotional materials for the third commercial solicitation of an offer, but the seller to explain and promises made by the Housing and related facilities within the scope of real estate development plan specifically identified, and entered into the house to determine the price and the sale of a major real estate impacts should be regarded as an offer. The note and promised not loaded even if real estate sales contracts, also should be considered as the contract, the parties violated, should bear the liability.
Article received by the seller to subscribe, order, book, etc. to the buyer as a deposit guarantee of real estate sales contracts entered into, if the reasons are not made due to a party for the sale of real estate should be handled in accordance with the provisions of the law on deposit; therefore unavailable attributable to the parties of the subject, resulting in failure to conclude the sale of real estate, the seller shall refund the deposit the buyer.
The main content of Article commercial subscription, ordering, reservations and other agreements with the "real estate sales management approach" under Article XVI of real estate sales contracts, and the seller has received the purchase money in accordance with the contract, the agreement shall be deemed as sale of real estate contract.
Article 6 The parties to the sales contract did not apply for registration formalities in accordance with the laws and administrative regulations on the grounds, requesting confirmation of the contract invalid, not supported.
The parties have agreed to go through registration procedures for the entry into force of real estate sale contract conditions prevail, but if one party has performed its main obligation, except the other party to accept.
