Due to buyers' lack of understanding of housing sale contracts, purchasing policies, loan policies, property registration, sales tactics, etc., they often find themselves trapped in disputes. Below, a senior lawyer from Liaoning answers the legal issues that may arise in commercial housing transactions, hoping that the public can purchase homes with legal backing and protect their rights without anxiety.

1. How to handle disputes between buyers and real estate developers due to purchase restrictions?

After the housing sale contract is signed, due to the implementation of corresponding housing purchase restriction policies, the parties are unable to process the change of property ownership registration. The buyer requests to terminate the contract and demands the seller return the purchase price or deposit received. If it is verified that the parties indeed cannot process the change of property ownership registration due to the implementation of housing purchase restriction policies, their request can be supported. The seller's request for the buyer to bear the reasonable losses incurred for entering into the contract can be supported at the discretion of the court.

Local governments allow the processing of property ownership change registration for housing sale contracts signed before the implementation of housing purchase restriction policies. If a party claims to terminate the contract based on the purchase restriction policy and the other party disagrees, the people's court will not support their request.

2. How to determine the nature of the contract signed by the seller, buyer, and intermediary?

In the intermediary contract signed by the seller, buyer, and real estate intermediary, if it contains the main content of the commercial housing sale contract, it should be recognized that the contract includes both the legal relationships of housing brokerage and housing sale. The parties can file lawsuits separately for the two legal relationships of housing brokerage and housing sale, or they can file a lawsuit for both legal relationships simultaneously.

3. How to determine the internal and external effectiveness of cooperative development contracts for commercial housing?

The cooperative development contract for commercial housing does not have the effect of opposing third parties regarding the internal division or sharing of the commercial housing. If the property ownership of the cooperatively developed commercial housing is registered under one party's name, and that party sells the commercial housing that should belong to the other party to a third party, the other party's claim that the housing sale contract is invalid will not be supported, unless the third party is aware of this. If the property ownership of the cooperatively developed commercial housing is registered under one party's name, and the other party directly signs a housing sale contract with a third party for the commercial housing that is agreed to belong to it without processing the change of ownership registration, that contract is valid.