A hotel sold me a house and signed a house sales contract with me (auction house, under construction, no pre-sale permit for commercial housing). Sorry, hotels usually

Q: A hotel sold me a house and signed a house sales contract with me (auction house, under construction, no pre-sale permit for commercial housing). I would like to ask: is the hotel qualified to engage in real estate business under normal circumstances, and is the house sales contract signed with me valid? If it doesn't work, what method can I choose to protect my rights and interests to the maximum extent? If I file a lawsuit, which of my requests can be supported? thank you

A: The Scout Law Online Consultation will answer your question.

Developers should obtain a pre-sale permit before pre-selling commercial housing; It is illegal to sell or pre-sell commercial housing without obtaining a pre-sale permit; The contract for the sale or pre-sale of commercial housing signed by the developer and the buyer is invalid.

The Supreme People's Court's Interpretation on Several Issues Concerning the Applicable Law in the Trial of Disputes over Commercial Housing Sales Contracts clearly stipulates that the pre-sale contract of commercial housing concluded between the seller (developer) and the buyer (buyer) shall be deemed invalid, but if the seller (developer) has obtained the pre-sale permit of commercial housing before the prosecution, it may be deemed valid. Accordingly, if property buyers are unwilling to buy this house again, they should sue as soon as possible and cancel the pre-sale contract. Otherwise, if the developer gets the pre-sale permit before the prosecution, the pre-sale contract may no longer be deemed invalid. If the pre-sale contract is found to be invalid, the developer should return the house payment and deposit received in time. As the fault leading to the invalidation of the contract, the developer should also bear the losses caused to the buyers. If you deliberately conceal the fact that you have not obtained the pre-sale permit, you can also ask him to bear the liability for compensation of not more than twice the paid house price.