Legal information

Article introduction: When does the sales contract for a small-property house become effective? There are 2 situations where it is valid and 3 situations where it is invalid. Today we talk about this topic.

1. The validity of the sales contract for houses with small property rights

First, the contract for the sale of houses with small property rights between members of this collective organization is generally deemed to be valid.

Second, when selling a house to a person outside the township, obtain approval from relevant organizations and departments and determine that the contract is valid.

Third, the contract for the sale of houses with small property rights between the collective and members of other collective organizations is generally deemed to be invalid.

Fourth, contracts between members of collective organizations and urban residents for the purchase and sale of houses with small property rights are generally deemed invalid.

Fifth, houses with small property rights that have not been mortgaged will not be supported by the court.

2. Special regulations on small-property housing disputes in Shanghai: "Shanghai Trial Practice" Issue 1, 2008

(1) For rural house sales that occur among members of rural economic organizations within the township, the house sales contract is deemed to be valid;

(2) For the sale of houses to persons outside the township, the contract can be deemed valid if approval is obtained from relevant organizations and departments;

(3) If a house is sold to a person outside the township without the approval of the relevant organization and department, if the contract has not been actually performed or the buyer has not actually lived in or used the house, the contract shall be invalid;

(4) If a house is sold to a person outside the township without the approval of the relevant organization and department, if the contract is actually fulfilled and the buyer has actually lived in and used the house, we will not take a position on the validity of the contract for the time being, and recognize the current status of the house and the right of the buyer to continue to occupy, live and use the house.

3. Buying and selling is not prohibited by law

Our country's laws clearly stipulate that rural housing, the so-called small-property houses, can only be allocated to villagers in the village and are prohibited from being sold to urban residents. Ying Ting believes that the law does not prohibit the transfer and sale of houses with small property rights among members of the same collective organization. According to the principles of private law, it can be done if the law does not prohibit it. my country's laws and regulations do not prohibit the sale and purchase of houses with small property rights among members of the collective. As long as the members of the same collective have the corresponding capacity for civil rights and civil conduct, their intentions are true when signing the small-property house sales contract, and they do not violate the law or social public interests, the small-property house sales contract is generally deemed to be valid.

4. How to deal with small-property houses during divorce?

(1) The court will make a ruling on the right to use the small-property houses that are self-built or purchased by the collective.

(2) The courts usually do not deal with the purchase of small-property houses outside the collective or respect the marital agreement.

(3) Courts that have not obtained the small property rights certificate at the time of divorce usually do not deal with it.