It was you who sold the house without a license. Now you want to take back and sell it again. Are you basic integrity?

According to China Voices, some citizens of Xi'an purchased a house for sale in the form of an internal subscription contract in 2016 and paid the full amount. In the past two years, the developer reported that he had no license to sell the house, and sued 12 customers on the grounds that there was no pre-sale permit at the time, requesting confirmation that the contract was invalid. The customer could not accept this. He believed that the developer’s move was entirely due to the rising house prices in the past two years, trying to abolish the previous contract and resell it at a high price. Currently, the local court has accepted a series of cases involving 12 houses.

According to the principle of good faith, in the case of defects and lack of relevant requirements at the time of contract conclusion, the correct approach should be a positive remedy to facilitate the completion of the transaction and the contract, not when the contract can be legally valid (the developer has been 6 this year). A pre-sale permit is obtained in the month to make it invalid.

Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Contract Dispute Cases clearly stipulates that the seller shall not obtain the pre-sale permit for commercial housing, and the pre-sale contract for commercial housing concluded with the buyer shall be deemed invalid. However, if the pre-sale permit for commercial housing is obtained before the prosecution, it can be considered valid.

To take a step back, even if you can't get a pre-sale permit, the developer's opportunistic tricks are hard to come by. Because the developer has the obligation to handle the pre-sale permit and all aspects of the formal sale and sell the house without the sales conditions, it is a fault. It is a violation of the basic principle that "no one can benefit from his own fault" in order to revoke a contract.

In fact, the developers involved are at fault, not only should they make a profit, but they should also pay for the fault and take responsibility for the fault of contracting. Article 58 of the Contract Law clearly stipulates that the party that is at fault for the invalidity of the contract shall compensate the other party for the losses suffered thereby. The loss of those buyers is to determine the difference between the actual value of the house involved in the case when the contract is invalid and the amount paid at that time. If the contract is invalid, the developer is not simply returning the purchase price, but also should compensate the house price difference.

Judgment of interest is the premise of carrying out many activities, and only if people do not make profits through faults, will people be more honest and honest based on the consequences of gains and losses, in order to cultivate a market atmosphere of respect and integrity.