By the way, the maintenance fee is paid to the housing management department, and the price of 3000 seems a little high. It is recommended to consult the local housing management department for the charging standard of multi-parking property rights (the charging standard varies from place to place).
Question 2: the parking space subscription fee paid a month ago, the developer said that it would not take a month to get the money back. When the month arrived, they said they would fill out an application and apply to the municipal or provincial industrial and commercial bureau for approval. This is a business transaction.
Question 3: What if the developer sells the parking space to others after paying the subscription fee? Hehe, yours is not a deposit, is it? It is the so-called subscription money, which is the money to give priority to housing selection. In this case, either don't buy it or push it off. Otherwise, you can only follow the developer's advice. After all, it is a market economy, willing to buy and sell.
Question 4: How long will the developer limit the opening of the market after the parking space recognition activity is over? Generally speaking, parking spaces can be simply divided into two types, one is capable of issuing real estate licenses, and the other is incapable of issuing real estate licenses. Therefore, when buying a parking space, you must keep your eyes open and clearly know whether you are signing a motor vehicle parking space purchase agreement, a parking space lease agreement or a right-to-use transfer agreement.
Common parking spaces that can't get real estate licenses can also be simply divided into two types. One is the parking space that has been included in the pool area. As long as it is listed in the pool, legally speaking, it belongs to the parking space that can't get the real estate license, because it is shared by all owners. So this kind of parking space can be rented without buying property rights. The other is a civil air defense parking space.
Civil air defense parking spaces are different from other parking spaces and have their own particularity. Because the area occupied by civil air defense parking spaces belongs to civil air defense projects, and civil air defense projects belong to civil air defense projects, according to relevant regulations, national defense assets belong to the state. In addition, the relevant regulations of the Ministry of Construction have clearly stipulated that the basement, as a civil air defense project, is not included in the public building area. Therefore, civil air defense parking spaces do not belong to developers or all owners, and such parking spaces cannot be purchased.
Can civil air defense parking spaces be rented? According to the current judicial practice, there are two main views on the lease of civil air defense parking spaces:
Viewpoint 1. Some courts hold that no unit or individual has the right to sell or transfer the property rights and use rights of civil air defense projects, and the transfer of parking spaces for civil air defense projects harms the interests of the state and buyers. Even if both parties sign a parking space transfer agreement, the agreement is invalid.
Viewpoint 2: If it is developed and managed by the developer according to the principle of "whoever invests benefits", the developer can get the rent by renting the parking space for civil air defense, but the use of civil air defense projects must be registered.
Therefore, if you want to rent a civil air defense parking space, you'd better get permission from the civil air defense department first. Moreover, the leased civil air defense parking space may be requisitioned by the * * * department for free due to force majeure such as war and natural disasters.
Finally, everyone should pay attention to the lease term. According to Article 214th of the Contract Law, "the lease term shall not exceed twenty years. More than 20 years, more than part is invalid.
Question 5: Do you need to recognize all the parking spaces in the community now? Will parking spaces become more and more tense in the future? It depends on your neighborhood. It is said that there are 7745 parking spaces in your community. You can ask about the property, but there are exclusive parking spaces wherever you are, which is convenient.
Question 6: Can I refund the deposit if I fail to buy a house? What should I do? Editor's Note: When selling a house, developers use various promotional methods, among which buying a house is often recognized, and 10,000 yuan is worth tens of thousands; Pay the subscription funds. Once the purchase fails, can the subscription money be refunded? What if the subscription money is converted into a deposit? Things have changed. What is it? "I took a fancy to a suite before, paid a subscription of 1 10,000, and signed an agreement with the developer. If I give up buying a house, the developer will refund my money. I don't want to buy it after the opening. Will the developer refund my money? " In buying a house, it is easy to encounter such a headache as refund. In this case, can the subscription funds be refunded? Subscription funds can be returned unconditionally. Note that the so-called "subscription to buy a house" means that the developer attracts interested buyers to pay the subscription money to the seller in advance by giving priority to the house selection, enjoying the preferential opening price and even setting aside parking spaces before the real estate is officially sold. Generally, when making a subscription, the buyer needs to fill in the personal purchase information first and pay the subscription fee, ranging from several thousand yuan to tens of thousands of yuan. After the general approval, the buyer will become a VIP customer of the property and enjoy preferential housing selection and discounts. When the real estate is officially opened for sale, the "recognized" buyers will choose their houses in the order of "priority", and then sign a formal house sales contract with the developer. If the buyer does not choose the ideal house, the developer will return the "subscription money" to the buyer in full. The essence of "subscription fund" is that developers get a lot of money before the opening and recover a lot of money in a short time to solve the urgent needs of developers. When no terms are signed, the subscription has no legal effect, and the "sincerity money" and subscription money paid by the purchaser in the subscription process can be refunded. When purchasing and signing a formal sales contract, buyers need to be careful to identify and prevent behavioral clauses that harm their legitimate interests. When signing any terms, they should also look carefully and pay attention. Need to carefully check the contract, whether there is an agreement: if the developer stipulates in the subscription agreement that the buyer will not buy a house for personal reasons in the future, then the subscription money will not be refunded; Or agree to directly convert the subscription money into the deposit (according to the law, the buyer has no right to demand the return of the deposit if he fails to perform the contract, and the developer shall return the deposit twice if he fails to perform the contract. ), if there is an agreement between the two parties as a "down payment", it can be executed according to the contract, and then it will not be refunded. If you have the conditions to buy a house, don't refund the subscription money to the deposit. The general subscription money can offset part of the deposit, but it will not be automatically converted into the purchase deposit. This operation process needs to be reconfirmed by both parties in writing, and it will not be automatically converted into a deposit without the buyer's consent. The refund of the deposit is conditional, and it is impossible to return it unconditionally, so don't rashly convert the subscription money into a deposit. Margin is different from subscription fund. Deposit is a certain amount of money paid as a guarantee before the conclusion or performance of a contract, also known as deposit. Article 89 of the Guarantee Law, the parties may agree that one party shall pay a deposit to the other party as a guarantee for the creditor's rights. After the debtor performs the debt, the deposit shall be used as the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. As an appointment contract for the sale of commercial housing, the commercial housing subscription book deposit clause protects and relieves the observant party when one party fails to sign the contract for the sale of commercial housing. However, when both parties can't reach an agreement on the main terms of the formal commercial housing sales contract, neither party can be considered to have breached the contract. In this case, the deposit clause in the subscription book does not apply. If a commercial housing sales contract cannot be concluded due to one party's reasons, it shall be handled in accordance with the provisions of the Deposit Law, that is, if the buyer abandons the purchase of the house due to his own reasons, fails to sign the sales contract, or the seller fails to sell the house in violation of the contract, the party who fails to fulfill the agreed obligations has no right to demand the return of the deposit; If the party accepting the deposit fails to perform the agreed obligations, it shall return the deposit twice. If the commercial housing sales contract cannot be signed due to reasons not attributable to both parties, the seller shall return the down payment to the buyer. It is difficult for the buyer and the seller to reach an agreement on the contents of the pre-sale or sales contract and supplementary agreement. If the contract cannot be signed, neither party can be blamed, and the seller shall return the deposit in full to the buyer. When signing subscription and letter of intent, we should pay attention to the difference between deposit and subscription. The subscription book has legal effect and shall be executed according to the agreement after signing. Article 2 of the judicial interpretation stipulates that the parties shall sign a subscription letter and a power of attorney. & gt
Question 7: There are contradictions. If you don't want a parking space, can you apply for a refund? You don't want to see this. Now that you have gone through the formalities, the house will be sold. There must be a penalty for checking out. Generally speaking, small and high-level sharing is about 25%, almost!
Question 8: Is there a big difference between parking spaces with and without property rights? According to your question, it is estimated that the parking spaces there are owned by developers, and it is best to handle parking spaces with independent property rights, which means that you can buy and sell parking spaces independently after you have property rights, and the freedom is not limited by developers and properties, not to mention the limited parking spaces in a community. Under normal circumstances, there is still a good room for automobile appreciation, and it is strongly recommended to handle property rights.
By the way, the maintenance fee is paid to the housing management department, and the price of 3000 seems a little high. It is recommended to consult the local housing management department for the charging standard of multi-parking property rights (the charging standard varies from place to place).
Question 9: The parking space subscription fee paid a month ago, the developer said that it would not take a month to get the money back. When the month arrived, they said they would fill out an application and apply for the approval of the municipal or provincial industrial and commercial bureau. This is a business transaction.
Question 10: How long does the developer have to open the market after the parking space recognition activity? Generally speaking, parking spaces can be simply divided into two types, one is capable of issuing real estate licenses, and the other is incapable of issuing real estate licenses. Therefore, when buying a parking space, you must keep your eyes open and clearly know whether you are signing a motor vehicle parking space purchase agreement, a parking space lease agreement or a right-to-use transfer agreement.
Common parking spaces that can't get real estate licenses can also be simply divided into two types. One is the parking space that has been included in the pool area. As long as it is listed in the pool, legally speaking, it belongs to the parking space that can't get the real estate license, because it is shared by all owners. So this kind of parking space can be rented without buying property rights. The other is a civil air defense parking space.
Civil air defense parking spaces are different from other parking spaces and have their own particularity. Because the area occupied by civil air defense parking spaces belongs to civil air defense projects, and civil air defense projects belong to civil air defense projects, according to relevant regulations, national defense assets belong to the state. In addition, the relevant regulations of the Ministry of Construction have clearly stipulated that the basement, as a civil air defense project, is not included in the public building area. Therefore, civil air defense parking spaces do not belong to developers or all owners, and such parking spaces cannot be purchased.
Can civil air defense parking spaces be rented? According to the current judicial practice, there are two main views on the lease of civil air defense parking spaces:
Viewpoint 1. Some courts hold that no unit or individual has the right to sell or transfer the property rights and use rights of civil air defense projects, and the transfer of parking spaces for civil air defense projects harms the interests of the state and buyers. Even if both parties sign a parking space transfer agreement, the agreement is invalid.
Viewpoint 2: If it is developed and managed by the developer according to the principle of "whoever invests benefits", the developer can get the rent by renting the parking space for civil air defense, but the use of civil air defense projects must be registered.
Therefore, if you want to rent a civil air defense parking space, you'd better get permission from the civil air defense department first. Moreover, the leased civil air defense parking space may be requisitioned by the * * * department for free due to force majeure such as war and natural disasters.
Finally, everyone should pay attention to the lease term. According to Article 214th of the Contract Law, "the lease term shall not exceed twenty years. More than 20 years, more than part is invalid.