List in this issue: some owners of Jingye donghuzhou Haoyuan in Nansha District, Guangzhou reported to Nandu “reporter Gang” that they found that the land use life on the certificate was inconsistent with that agreed in the house purchase contract when handling the property right certificate, with a difference of nearly 9 years. After discovering the problems, the owners asked the developers to renew the land use life according to the contract, but the two sides could not continue to negotiate for various reasons.
Reason for listing: after finding the problems, the community owners successively reported to the developers and several government departments, and the response was “it was a clerical error filled in by the developers, which will not cause actual losses”. Experts believe that the competent authorities and developers are responsible for such mistakes.
Owner’s complaint: the service life on the real estate certificate is 9 years different from that on the pre-sale certificate
In 2019, Mr. Li (pseudonym) bought a house in Nansha Jingye donghuzhou Haoyuan. He told Nandu reporters that when buying a house, in the pre-sale license publicized by the sales center and the signed pre-sale house purchase contract, the transfer period of land use right clearly stated that “70 years of residential land from June 29, 2011”. In August 2020, the owners began to apply for the house property certificate after taking back the building. The owner who got the certificate found that the “term of land use right” on the certificate was calculated from September 10, 2002 to September 9, 2072.
“The development of the real estate takes time after taking the land, so the land service life is a few years less. It is clear in advance, which can be understood by the owner. But we can’t accept the sudden loss of nine years like this. ” Like Mr. Li, there are more than 200 households in the community. Some owners said that if the developer did not specify the land obtained in 2011 in the pre-sale certificate and pre-sale contract, she might not consider buying the real estate.
The starting time of the “term of land use right” in the house pre-sale contract (I) is different from that in the property right certificate.
Reason: the developer’s clerical error caused the wrong time of the pre-sale certificate
With many doubts, the owners reported to the 12345 hotline. Nansha District government responded after verification: “the starting time of the land use right period recorded on the land certificate of Nansha donghuzhou project is September 10, 2002. However, due to an error in information entry, the starting time of the land use right period was mistakenly entered as the issuing date of the land certificate on June 29, 2011, And lead to errors in the starting time of the land use right term of the sunshine Jiayuan system pre-sale license and the commercial housing pre-sale contract. ” In its response, Nansha District government said that this error would not have a substantive impact on the rights and interests of the owners, and asked the development enterprises to do a good job in communication and interpretation and properly solve the matter.
The developer Guangzhou Nansha donghuzhou Real Estate Co., Ltd. returned to the owner and said that after consulting the land and resources department, it was learned that it was impossible to renew the land use term under the current policy. The developer believes that the clerical error is neither clearly agreed in the contract nor caused actual losses to the owner, and the government department has no clear handling opinions. Therefore, the developer decided to exempt the owners from half a year’s property management fee as compensation.
The owner believes that this will have an impact on the future housing transaction and renewal. “Why didn’t the competent department find such an obvious clerical error in time?”
Developer: it will not affect the rights and interests, and the owner can take legal channels
The developer further explained to the Nandu reporter that the “clerical error in information entry” of the company’s staff occurred in 2017 and was discovered by the company when it obtained the first real estate certificate in August 2020. The developer said that after the discovery, he informed the owners in batches and communicated with some owners who did not understand, “the two sides have great differences and can not reach an agreement. At present, the communication will continue.”
“It is a clerical error and cannot change the objective fact that the land use term has long been fixed and cannot be changed.” The developer said that it had submitted a request for instructions to the relevant departments of Nansha District and asked the government to intervene in the coordination of disputes. “If the owner does not agree with the government’s mediation plan, it is suggested to take legal channels and be solved by justice.”
Functional department: “nine years of compensation” violates the law
On May 31, Nansha District branch of Guangzhou Municipal Bureau of planning and natural resources and Nansha District Bureau of housing and urban rural development of Guangzhou jointly replied to the real estate developer: “the term of land use right of donghuzhou plot is calculated from September 2002, and the information on the term of land use right is correct.” For the owner’s requirement of “nine years back”, the two departments made it clear that the land transfer contract of the plot has made it clear that the term of residential land is 70 years from September 2002. If it is increased by 9 years, it will violate the provisions of the law. Therefore, both departments suggested that if the two sides failed to negotiate, they could deal with it through judicial channels. The reporter noted that the reply did not mention the problem that the approval of functional departments was not found in time after information entry errors.
Reprint indicated source：Spark Global Limited information