In course of commodity house business, in estate major as a result of the person that buy a house and development business knowledge is mixed degree and the imparity in the position in buying and selling master on legal knowledge, the person that buy a house is in inferior position apparently. The issue that if meet illegal development business or housing unfortunately to appear,have not anticipation reachs, dispute with respect to unavoidable. This among them because the building hands in the issue that room time place produces to be being perplexed increasingly broad the person that buy a house.
Typical case
Building consign why old protracted?
Case 1:
Lady of article of some company employee buys commodity house at was in the urban district 2005, " contract of commodity house business " on the date making a room that make clear is on June 30, 2007, can develop business protracted also did not make a room up to now. Article lady finds development business to have negotiation for many times, can develop business to design error, modification plan to cause incur loss through delay of time limit for a project accordingly with the project every time for, requirement article lady waits. Below this kind of circumstance, article lady whether does the requirement develop business to assume defer to reach the responsibility of breach of contract of the room?
Case 2:
Uncle of retired worker king spent old saving to be in the city bought house of a commodity on the west, after this wanting that making a room, enter as soon as possible spend old age in order to install. But development business does not reach the designated position with building capital for, again and again the date making a room of protracted building, it is this end experience force majeure, refus does not assume any responsibility. King uncle is very interrogative, because development business builds capital not to reach the designated position, belong to the category that does not belong to force majeure after all, can you avoid duty?
Lawyer viewpoint
Development business cannot explain at will
Make the legal issue of the room in the light of afore-mentioned concerned defer, the reporter interviewed Sichuan to send Lin Fangping of tall attorney office's lawyer, lin Lv division thinks commodity house sells a contract to have commonly " cannot fulfil this contract according to the agreement because of force majeure, according to the influence of force majeure, part or avoid responsibility entirely " such stating. The person that buy a house about this is general very easy oversight or knowing its after all is why to be planted meaning. According to our country " civil code general rule " the 153rd regulation: "The force majeure that this law place weighs is to point to cannot foreknow, the external state of affairs that can not overcome inevitably, wait like earthquake, flood, war. " according to this law, the set in contract of commodity house business is concerned " force majeure " it is correct that the agreement should say. But trade actually in house property in, a few develop business to have this article outspread, dilate however. Develop business cannot the fault because of oneself, if judge not accurate investment to the market,error, project design error revises time limit for a project of plan incur loss through delay, capital not to reach the designated position wait for what the element returns to be force majeure, also cannot wait for the seasonal effect that should predict and did not predict, ranking behavior what the element returns to be force majeure at the same time, exempt the responsibility of breach of contract that him behoove undertakes thereby.
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