The Home-Buying Code

Gao YangChina Legal Publishing House · ChinaJun 2019

Word count

144K words

Chapters

51

ISBN

9787521600377

Tags

Summary

Editor's review

From a professional standpoint, the book has a clear positioning: it serves ordinary home buyers who lack a legal background. Accordingly, its content avoids abstruse jurisprudential discussion and instead adopts the format of explaining the law through cases, using numerous hypothetical or simplified scenarios—such as the difference between a deposit and an earnest payment, disputes over household registration transfer in second-hand home sales, and developers’ liability for breach of contract for late delivery—to illustrate how legal provisions apply in practice. This approach lowers the reading threshold and enables readers to quickly relate the content to situations they may face.

However, an editorial judgment must note its limitations: laws, especially local real estate policies, change rapidly. The book was written under the legal environment at the time of publication, so readers must check whether relevant laws and regulations (such as mortgage policies, purchase restrictions, and tax and fee standards) have been updated and must not treat it as an unchanging guide to action. In addition, for the sake of accessibility, the cases in the book are often simplified; real legal disputes are usually more complex, involving chains of evidence and litigation strategy, and the book cannot replace professional legal advice on specific cases.

Overall, the value of The Home-Buying Code lies in risk warning and basic legal education. It can help home buyers establish basic legal awareness before a transaction, identify common contract traps, and understand key legal concepts, so that they can ask more professional questions when dealing with agents, developers, or sellers and protect their own rights. For readers who intend to handle simple real estate transactions themselves or wish to gain an in-depth understanding of the details of the home-buying process, it is a valuable introductory read.

Who it's for

A good fit for

• Ordinary consumers planning to buy their first home who lack legal knowledge
• Home buyers intending to purchase a second-hand home who are concerned about complex transaction procedures and title risks
• Those who wish to systematically understand the key legal points at each stage of housing sales in order to build up their knowledge
• Newcomers to the real estate brokerage industry who need to quickly master basic legal knowledge of transactions

Not a good fit for

• Law students or scholars seeking in-depth jurisprudential analysis or academic research
• Parties who need to handle complex real estate disputes involving litigation strategy (they should consult a lawyer directly)

Reading tips

1. It is advisable to read selectively and closely according to the book’s table of contents and the stage of your home purchase (such as viewing, signing, obtaining a mortgage, and taking delivery), rather than reading from cover to cover
2. While reading, keep a notebook to record key clauses and risk points relevant to your situation and check them one by one in practice
3. Treat the book as a knowledge map and a risk checklist; when specific problems arise, use it as a lead to further consult the latest official laws and regulations or seek professional advice

About the publisher

China Legal Publishing House is a legal publisher overseen and sponsored by the Ministry of Justice, with the publication of standard texts of national laws and regulations as an important focus; its catalogue already contains 2,972 titles. Its publications cover fields such as criminal law, civil law, contract law, company law, real estate law and the security system, including article-by-article commentaries such as the Interpretation of the Contract Part of the Civil Code of the People's Republic of China, adjudication rules and case compilations oriented toward judicial practice such as Understanding and Applying Adjudication Rules in Contract Disputes and A Compendium of Court Views on Real Estate Cases, as well as legal classics such as On Crimes and Punishments and academic works such as The Theory of Procedural Sanctions. In terms of author resources, the publisher brings together classic legal authors such as Cesare Beccaria, scholars and practitioners such as Liu Junhai, Long Weiqiu and Zhu Shuying, and cooperates with institutions including the National Judges College and the Judicial Case Research Institute of the Supreme People's Court. Its publishing character lies in linking legal texts, scholarly interpretation and judicial application, balancing authoritative norms with practical guidance.

Contents

1. 版权信息
2. 序
3. 商品房篇
4. 第一章 购房资格及限购限贷政策
5. 一、双方在限购前签订的房屋买卖合同是否有效？
6. 二、卖方已交付房屋但未过户，遭遇限购，买卖合同是否还有效？
7. 三、交完定金买不了房，听信开发商忽悠遭损失
8. 第二章 房屋预售及定金
9. 一、预售楼销售广告、宣传资料和沙盘失实，合同效力如何？
10. 二、 订购的房屋与中介提供的信息不符，已支付的定金能否双倍退还？
11. 三、出卖人违约致使合同解除，买受人按揭贷款所致的损失，出卖人是否需承担？
12. 四、买受人请求按照销售人员签订合同时的承诺提供独立电梯，法院判决买受人败诉
13. 第三章 税收成本及信贷、限贷政策
14. 关于限贷政策，法院认定观点不同
15. 第四章 房屋买卖合同
16. 一、抵押在前，房屋买卖合同如何救济？
17. 二、一房二卖，合同是否应该解除？
18. 三、买卖双方签订合同后，因房屋价格上涨，卖方不想继续履行，是否承担违约责任？
19. 四、开发商因为无法竣工验收延期交付房屋，买受人能否要求对方支付违约金？
20. 第五章 房屋过户及交付使用
21. 一、迟迟未过户，双方责任如何划分？
22. 二、房屋质量有瑕疵，购房人应该找谁？
23. 三、原房主用未交付的房产证与他人办理抵押并登记，购房人怎样保障自己的权益？
24. 四、危改房“空挂户”情形下，当事人是否有权居住使用？
25. 二手房篇
26. 第六章 中介公司
27. 一、中介公司虚假广告，是否构成欺诈？
28. 二、开发商违约，中介是否要承担共同返还的责任？
29. 第七章 房产税问题
30. 为逃税的阴阳合同，是否完全无效？
31. 第八章 房屋继承及赠与
32. 一、重男轻女宅基地拆迁全归儿，嫁出去的女儿是否就该毫无份额？
33. 二、口头遗嘱一家人反目成仇，为争房产孙女狠下毒手
34. 三、老人去世房屋赠与保姆，两份遗嘱究竟哪份有效？
35. 四、有遗嘱却得不到房子，房产继承要注意时效
36. 五、为房产兄妹争得你死我活，代书遗嘱成立还须合法
37. 业委会篇
38. 第九章 业主权利与物业纠纷
39. 一、业主大会作出的决议违法，业主却为何无法维权？
40. 二、 自家院子盖房种树反成被告，业主的权利以不侵犯他人权益为限
41. 三、物业服务不到位，业主拒不支付物业费
42. 四、实际物业服务公司，能否起诉物业使用业主？
43. 五、业委会剥夺业主知情权，业主可否要求业委会公布财务？
44. 六、小区停车位属于谁？
45. 七、电梯事故到底追责谁？
46. 参考文书篇
47. 第十章 房地产常用法律文书参考
48. 1.《商品房预售合同（经济适用房）》（2010年10月修订）
49. 2.《商品房现房买卖合同》（2010年10月修订）
50. 3.《房屋租赁合同》（2008年5月修订）
51. 后记

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About the author

Gao Yang (1922–1992), whose original name was Xu Yanpian, was born in Hangzhou, Zhejiang. In 1948 he moved to Taiwan with the Air Force Academy and retired in 1959, after which he entered journalism and served as lead writer for the China Daily News. He rose to fame in 1962 with Li Wa and went on to write more than ninety historical novels, including The Complete Biography of Empress Dowager Cixi, Hu Xueyan, and A Dream of Red Mansions Broken. The library holds five of his works, spanning historical fiction as well as world history, personal finance, and management. Known for solid research and dense, vivid storytelling, he excelled at portraying human fates within historical settings; his Hu Xueyan series is especially widely read and has had a lasting influence on popular historical fiction in Chinese.