Can the actual selling price of the house be higher than the filing price? Is there any cheaper solution?
Under normal circumstances, the commercial housing sales contract is the will of both parties, and its contents do not violate the mandatory provisions of laws and administrative regulations, so it should be considered as legal and valid. However, property buyers can go to the real estate management department to complain that developers violate the relevant price filing regulations.
Before buying a house, buyers need to verify the land use right certificate and other documents of the development enterprise to ensure the legality of the house sale and protect their own interests.
Article 52 of the Contract Law clearly stipulates that a contract is invalid if it violates the mandatory provisions of laws and administrative regulations, and of course it is invalid if it violates the administrative mandatory norms of laws and administrative regulations.
Extended Information the Supreme People's Court's Guiding Opinions on Several Issues Concerning the Trial of Civil and Commercial Contract Disputes under the Current Situation stipulates in Article 15: "Correctly understanding, identifying and applying the" violation of mandatory provisions of laws and administrative regulations "in Item (5) of Article 52 of the Contract Law is related to the maintenance of the effectiveness of civil and commercial contracts and the security and stability of market transactions.
The people's court shall, according to the provisions of Article 14 of the Interpretation of Contract Law (II), pay attention to the distinction between the effective mandatory clauses and the administrative mandatory clauses. In violation of mandatory provisions, the people's court shall consider the contract invalid; Violation of administrative compulsory provisions, the people's court shall determine its effectiveness according to the specific circumstances. "At present, China's various notices and opinions on the regulation of commercial housing prices and government-guided prices have not formed effective mandatory provisions in laws and administrative regulations.
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