What should I pay attention to when buying farmers' homestead houses in Tanzhou?

Hello, rural houses, also known as homestead houses, refer to the buildings built on the homestead by members of rural collective economic organizations based on their specific status and after obtaining the homestead from the collective economic organizations free of charge.

According to the law, the ownership of rural homestead belongs to collective economic organizations and the right to use it belongs to rural residents. Therefore, it is free, welfare, and restricted in transfer. The object of rural housing sale involves not only housing, but also the right to use the corresponding homestead. Sample car sales contract. The right to use homestead is a right enjoyed by members of rural collective economic organizations, which is related to the specific identity of the owner. Non-members of the collective economic organization have no right to obtain or obtain in disguised form.

China's law clearly stipulates that homestead cannot be bought or sold, which is a prohibitive provision. However, the phenomenon of buying and selling houses on homestead is very common in life and has existed for a long time in judicial practice. The author (He of Guangdong Law Firm) summarizes the matters needing attention in the sale of homestead or rural houses according to the trial results and trends of such cases in Guangzhou courts and combined with the experience of representing such cases, so as to provide reference for the parties limited by their own economic conditions not to take risks in buying rural houses, so as to minimize losses in case of disputes.

According to Article 58 of the Contract Law, after the contract is invalid or cancelled, the property obtained from the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear their respective responsibilities.

Article 57 The invalidity, cancellation or termination of a contract shall not affect the validity of the dispute settlement clauses independently existing in the contract.

In practice, the court made different judgments according to the performance of the contract and whether the parties agreed to return the house:

(a) because of the invalid rural housing sales contract has not been actually performed, especially the housing is still

In case of non-delivery, the seller may be judged to return the house payment received to the buyer.

(two) for the invalid rural housing sales contract that has been fulfilled, whether the parties concerned

If an agreement can be reached on the return, the court can respect the choice of both parties.

(three) the invalid rural housing sales contract has been fulfilled, and it is the party to the contract.

If no agreement can be reached on the treatment after the confirmation is invalid, the court may decide to confirm that the sales contract is invalid, but reject the seller's request for house return. If the buyer counterclaims the seller for compensation for the losses caused by the invalidity of the contract, the court may support the corresponding counterclaim according to the fault degree of both parties.

(four) the handling of land acquisition and demolition of rural houses involved in invalid housing sales contracts.

In the actual land acquisition and demolition, the government and relevant land departments or units generally only admit that the seller of rural houses is the object of land acquisition and demolition, and only admit that compensation and resettlement treatment are given to the seller according to his identity and family members. At this time, the dispute or lawsuit is no longer the return of invalid contract houses, but the ownership and distribution of compensation and resettlement interests. Generally speaking, such disputes can be handled according to the following principles:

1. In an invalid house sales contract, the house can be transferred to the buyer at a discount, and the buyer can enjoy the creditor's rights and property rights attached to the invalid contract, and get most of the compensation for resettlement benefits. Generally, it consists of two parts: first, the price of the house (usually the replacement price of the house combined with the new situation of the house); Second, part of the resettlement benefits with the nature of the seller's identity compensate the buyer's losses.

2, according to different forms of resettlement interests, can be treated differently. If the resettlement benefit is economic compensation, the buyer and the seller can get compensation separately. In essence, the resettlement compensation belongs to the seller, and the seller uses part of the compensation to the buyer. If the resettlement income gives priority to the purchase of resettlement houses, the difference between the market price and preferential price of resettlement houses can be shared by both parties. If the resettlement benefits of the collective homestead or shared house of the Seller are arranged separately, the Seller shall compensate the Buyer for the loss of proper living benefits.

3. Generally speaking, when dealing with the compensation and resettlement of land acquisition, we should respect the handling and coordination of government departments and the agreement between buyers and sellers of rural houses.

From the above analysis, only when signing the sales contract, the details of the contract terms are fully agreed, and when the seller goes back on his word and asks to cancel the contract, the interests of the buyer can be protected to the maximum extent. Most of the cases I encountered were agreed by the parties themselves in order to reduce the cost, and there was no third party witness such as notary office and lawyer, which caused the buyer's interests to be damaged. Therefore, the author suggests that the buyer entrust a rich lawyer to witness this kind of business to protect the risks that may occur after more than ten years.

I hope my answer is useful to you. Satisfied, please adopt!