关于小产权房交易的相关问题

在房价居高不下 today, some buyers have been forced to choose less expensive rural housing due to their economic considerations. However, the special regulations of rural property sales make such transactions prone to disputes. Therefore, when buying rural housing, buyers should be aware of what they should pay attention to. To start with, it's necessary to explain what we mean by "second-hand houses." Second-hand houses are not a strict legal concept, and in most cases, there are two kinds: legal second-hand houses and illegal second-hand houses. Legal second-hand houses refer to houses built on land owned by a collective unit, and the ownership proof is usually issued by the township or village government. Illegal second-hand houses, on the other hand, refer to houses that have been built without proper approvals on land owned by a collective unit or that have been built without authorization. Now, let's talk about the special regulations of rural property sales. When it comes to illegal second-hand houses, the first step is for the relevant administrative body to decide if the house is considered a "non-compliant building." If the house is deemed to be a non-compliant building, the validity of the sales contract will generally be deemed null. After the contract is deemed invalid, the buyer may be entitled to ask the seller to return the购房款. If the seller has committed a form of mutual mistake, the buyer may be entitled to ask for compensation. As for legal second-hand houses, things are a bit more complicated. In case the buyer is a member of the same collective organization or the buyer and the seller are already living in the house, the contract is generally considered valid. It is worth noting that when determining whether a buyer is a member of the collective organization, the court will generally refer to the buyer's family as the reference unit. As long as one of the buyer's family members is a member of the collective organization, the rural property sales contract will be deemed valid. In cases where the buyer is not a member of the collective organization and the seller is a non-member, the validity of the contract may vary from region to region. In Guangzhou, the court generally considers the contract valid if the buyer has obtained approval from the relevant organization and department, or if the buyer has already actualized the use of the house. As for the regulations of second-hand houses built without proper approvals, there are also different views. In Guangzhou, the court considers the contract valid if the buyer has obtained approval from the relevant organization and department, or if the buyer has already actualized the use of the house. However, if the buyer has not obtained such approval and the contract has not been实际履行 or if the buyer has not actualized the use of the house, the contract is generally considered invalid. In Shanghai, the court considers the contract valid if the buyer has obtained approval from the relevant organization and department, or if the buyer has already actualized the use of the house. However, if the buyer has not obtained such approval and the contract has not been actualized, the contract is generally considered invalid. If the contract has already been actualized, and the buyer has actualized the use of the house, the court will not take a表态. In actual practice, the court will adhere to the principle of respecting the status quo and maintaining stability, and承认 the buyer's rights to continue owning and using the house. In conclusion, when buying rural housing, buyers should be aware of the special regulations of rural property sales and take appropriate measures to protect their rights.

《中华人民共和国城市房地产管理法》第六十一条 《城市房地产转让管理规定》第六条