Comment On Wang’s Dispute Case Of Commodity Housing Sale Contract

With the rapid development of real estate industry in our country, during thetransaction of commodity houses there are a lot of problems, e.g. delaying deliveryby the real estate developer, deferred payment by the Buyer, houses transaction fraud,deferred to deal with the house ownership certificate, etc. Disputes arising from theabove mentioned problems (quite a number of which are very complicated anddifficult) took up a lot of litigation resources, and to some extent intensified the socialcontradictions.This article will illustrate the Land Use Right dispute which result fromconstructing the commodity houses on the land allocated in1990s and the terms ofsettlement thereof, through the problems of the Dispute Case of Commodity HousingSale Contract between Wang and the real estate developer Company A. AllocatedLand Use Right System formed during the planned economy period, and continued touse after the establishment of the system of paid use of land. However, because it wascontinued simply without differentiation, the land market of our country has got amess. Wang (the “plaintiff”) bought a suit of commodity house from the real estatedeveloper Company A in1999, of which the land-use right was allocated and thedevelopment was approved by the relevant government administrative department.The Land Use Right Certificate for the commodity house has not been issued, becauseof the dispute between Wang and Company A on the nature (i.e.“allocated” or“transferred”) of the Land Use Right Certificate for the commodity house. During thetrial, there were four linked debates as follows which formed an organic whole disputebetween Wang and Company A: the nature of the Land Use Right Certificate to beissued for the commodity house, the effectiveness of the two Commodity HousingSale Contract have been signed, the subject of liability for delaying accreditation, andLimitation of Action for claiming liquidated damages of delaying accreditation. Tosolve the series of problems, we need to integrate and perfect the current legal systemof land and real estate trading, to make a distinction between profit and non-profit ofthe character of the Allocated Land Use Right. Furthermore, in order to properly dealwith the problems in accordance with the actual situation at that time, differentstandard ways and disposal principles shall be taken according to different characters.