If you buy fake goods online, you will buy 100 million more!

Chapter 303 The house has to be taken back, and the people have to be sent in!
"What do you say?"

"The house is rented out? And signed a 40-year lease?"

Hearing Sister Yun's words, Jiang Bai frowned immediately, and secretly said trouble.

The main trouble is the rule of "buying and selling does not break the lease".

The so-called "buying and selling does not break the lease", that is, during the lease relationship, the change of ownership of the leased object does not affect the validity of the lease contract.

The lessee can fight against others, including the owner as the lessor, according to his leasehold right.

In the case of a sale of a leased property, the lease contract is not affected, and the buyer (that is, the new owner) must respect the original status of the lessee's right to use the subject matter, that is, he must replace the original owner and become the new owner. the lessor, unless the lessee cancels the lease contract.

To put it simply, for a house that has been rented out, there has been a change of ownership, which is what we often call a transfer. In this case, the lease contract is still valid, and your new householder cannot unilaterally terminate or cancel the lease. contract unless the tenant terminates it voluntarily.

"They made it clear that they wanted to take advantage of the rule of 'buying and selling does not break the lease' to exploit legal loopholes..."

Sister Yun's tone was full of resentment.

"Every time An Qi comes to argue, the other party will use the rental contract as an argument, and the contract will not be terminated if she bites her to death. Her attitude is very firm."

"They also told Angie that if they want to take over the house, they have to wait 40 years before coming back."

"I'm really, just listening to An Qi's story, I'm going to die of anger. How can there be such a brazen person in the world?"

Sister Yun sighed, and said slowly: "Jiang Bai, I also know that this matter is quite troublesome, but now I can only ask you for help."

"An Qi is my good sister, I can't watch her being bullied like this."

"Look, can you think of a way..."

Jiang Bai frowned into the word "Chuan", lost in thought.

It seems that the other party seems to know something about it. If you want to let ordinary people go, who would know the rule of "buy and sell without breaking the lease"?
Relying on this rule, the other party forcibly described the occupation of real estate as a legal and compliant behavior.

If you guessed right, the so-called tenant should have something to do with the original owner, or a relative at all, who helped to leave a name on the contract, and the person who actually lives in the house is probably the old man of the original family. rely.

Jiang Bai spoke out his guess.

Sister Yun said: "You're right. When An Qi first went, the person who came forward was a stranger who claimed to have rented a house. Later, when she went again, the other party simply stopped pretending. The husband and wife Lao Lai were in the house live there."

Jiang Bai nodded and said, "Okay, I see. In this case, I will go to a professional for consultation, and I will inform you in time if there is any news."

"Well, then I'll wait for your news."

"it is good."

After finishing the call, Jiang Bai immediately went out and went straight to the elite law firm.

This professional matter still needs to be solved by professional people.

The other party's behavior seemed to be in line with the law, but Jiang Bai didn't think it was reasonable no matter how he thought about it.

If it is as the other party said, who would dare to buy a second-hand house in the future?

Oh, you spent your whole life savings, maybe you have to empty out six wallets, and finally bought a house, but the other party said "buy and sell without breaking lease", are you blind?
There must be loopholes here, but Jiang Bai can't see it, after all, he is not a professional legal practitioner.

But he believed that this loophole would never escape Luo Daxiang's piercing eyes.

Half an hour later, Jiang Bai arrived at the elite law firm.

"Let's talk about it, what kind of weird case has this happened again?" Luo Dazhuang casually greeted Jiang Bai to take a seat, and asked with great interest.

"It's like this, I have a friend..."

Jiang Bai briefly described the basic situation of the matter, and then said: "In short, the other party is opening and closing their mouths now, saying that 'buy and sell without breaking the lease', and use this as a reason for refusing to hand over the house."

"Luo Dazhuang, although I haven't studied law, I always feel that this matter is unreasonable. You give it to the staff."

"Hehe, the other party's approach seems to be legal and compliant, but it is actually full of loopholes!"

Luo Dazhang said with a smile: "Didn't the other party come up with a lease contract with a lease term of 40 years? This contract itself has problems!"

"The law stipulates that whether it is a fixed-term lease or an irregular lease, the lease period of the contract cannot exceed 20 years."

"If the lease term exceeds 20 years, the excess part shall be invalid."

Jiang Bai frowned slightly: "But even if it's like this, I can't accept it in 20 years..."

"Don't worry, if you are like this, call your friend first and ask him to send me the introduction of the auction when he participated in the auction."

"Luo Dazhuang, do you already know what's in your mind?"

"Hehe, let's call first."

Luo Dazhang gave it off with a smile.

Jiang Bai didn't ask any further questions, and immediately contacted Sister Yun.

Soon, the latter sent over the introduction of the auction.

After taking a look, Luo Dazhuang clapped his hands and smiled: "It seems that I guessed correctly, this matter does not apply to 'Business does not break the lease'."

"How to say?" Jiang Bai asked quickly.

Luo Dazhuang took a sip of tea and explained slowly:

"In order to prevent debtors from using the rule of 'buying and selling without breaking the lease' to evade enforcement in the process of real estate enforcement, the law has long stipulated it."

"Article 190 of the "Property Law" stipulates that if the mortgaged property has been leased out before the conclusion of the mortgage contract, the original lease relationship shall not be affected by the mortgage right. If the mortgaged property is leased out after the mortgage right is established, the lease relationship shall not oppose the registered mortgage right. "

Luo Dazhuang pointed to the photo on the mobile phone introducing the lot, and continued:
"Look, in the introduction of this lot, it doesn't mention that the house has been rented out. What does that mean? It's enough to show that the house rental behavior happened after the house was mortgaged!"

"And in this case the mortgage has priority over the leasehold."

"In other words, the 'buy and sell without breaking the lease' rule does not apply to this situation!"

After hearing Luo Dazhuang's introduction, Jiang Bai's eyes lit up.

"Since the rule of buying and selling without breaking the lease does not apply, can we get the house back through legal channels?"

Hearing Jiang Bai's words, Luo Dazhang smiled and shook his head: "The law will definitely support it, but the actual implementation will probably not be smooth. Don't underestimate Lao Lai's face, and don't underestimate Lao Lai's shamelessness."

In a case like this, it is almost certain to win a lawsuit, and the court will definitely order the other party to return the property.

But how the law is judged is one thing, and the actual implementation is quite another.

The other party has already been on the dishonest list because of the huge debt owed, and has become what people often say is an old man. Now he is completely broken and broken. Anyway, a dead pig is not afraid of boiling water.

Even if the court decides, most of them will hang on.

And the grassroots staff will also encounter various thorny troubles when enforcing it.

Even if it is implemented, maybe the other party will come to your door and make all kinds of troubles, which is enough to make your life uneasy.

So, even if this matter does not apply to "buy and sell without breaking the lease", it is not so easy to solve.

There are mainly two problems before us.

One is that it is difficult to implement, and the other is that after implementation, you may face endless troubles.

There is a saying how to say, people are shameless, the world is invincible.

If you really come across such a shameless old man, most people really have nothing to do.

Jiang Bai took a deep breath and said in a deep voice, "Luo Dazhuang, you must have a way, right?"

"It's still the same sentence, the best way to solve a problem is to solve the person who raised the problem!"

Luo Dazhang narrowed his eyes slightly, and said lightly: "Don't you feel that the behavior of this family seems familiar?"

"The other party stays in the house and doesn't leave. There must be no place to live. Let's show kindness and help them solve this housing problem."

Jiang Bai suddenly smiled knowingly.

It seems that some very criminal stories are about to happen again.

"Luo Dazhuang, tell me how to do it."

"We still have to go to the court to file a lawsuit. This is the first step..."

Luo Dazhang spoke eloquently, while Jiang Bai nodded his head, with a deeper and deeper smile on his face.

……

Tianshui Xiangquan.

After returning from the elite law firm, Jiang Bai called Sister Yun: "Sister Yun, you asked your friend to go directly to the court to sue. As for the rule of 'buy and sell without breaking the lease', it actually doesn't apply..."

Jiang Bai explained the relevant laws and regulations.

After listening, Sister Yun nodded and said: "So that's the case, okay, I understand. But I think... Judging by the shameless face of that family, it is probably useless to sue, and they will definitely not move .”

It is not difficult to win the lawsuit, but what is difficult is how to really get the house back.

"It's okay, just let your friend sue. If the other party moves out honestly, that's fine. If they still don't want to move, then send them to a good place where they have free food and lodging, and work and rest on time. "

Hearing this, Sister Yun was taken aback for a moment, and then came to her senses.

"You mean, you can send the whole family in?"

Jiang Bai smiled and said: "Whether they can send it in or not depends on their own choice."

"Okay, I'll tell Angie the news right now."

Sister Yun knew Jiang Bai very well and trusted her, so she immediately called her good friend Fu Anqi and explained the situation.

Just like what she thought, when she heard that she was going to sue, Fu Anqi said bitterly: "Yun'er, you haven't seen the shameless face of that family, they are shameless at all! A lawsuit is useful to ordinary people, and it is not right This family..."

Sister Yun smiled and said, "Don't worry, An Qi, don't forget what Jiang Bai does. This prosecution is only the first step. If the other party is dishonest, there is another move."

"Yeah, how could I forget this!"

Fu Anqi's eyes lit up.

She is also a fan of Jiang Bai, so she naturally knows his style of handling things.

"Yun'er, tell me a little more, is there a way for Jiang Bai to send the old Lai couple in?"

Sister Yun said: "The secret must not be leaked, anyway, you just do it. By the way, I happen to have nothing to do recently. Just wait for me, and I will go to accompany you."

"Woooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooh

"Be obedient and wait for my sister for nothing."

"alright."

……

Yecheng is a prefecture-level city, only a few tens of kilometers away from the East China Sea. It can be regarded as a place near the water, and its economic development is quite good.

Especially in the last ten years, high-rise buildings have been erected on the ground, and the economy has developed by leaps and bounds. Naturally, the housing price has also risen.

The average price of off-plan houses in Yecheng this year is around [-].

Sister Yun's friend, Fu Anqi, is developing in Yecheng, with a salary of [-] after tax. This salary level may not be a big deal in a place like Donghai, but it is definitely not bad in Yecheng.

But even so, it is not easy to buy a house, even with parents' subsidies.

By chance, Fu Anqi came into contact with the foreclosure room, and she was moved.

In the end, she really picked up a leak.

A 130-square-meter foreclosure house located in Bishui Garden, the market appraisal price is 200 million, and Fu Anqi only spent 120 million to buy it, which is equivalent to a 80% discount on the basis of the appraisal price, saving almost [-] Ten thousand!

Moreover, a new policy has been introduced in recent years. Buying a foreclosed house can also apply for a mortgage. That is to say, you only need to make up the down payment and repay the mortgage monthly, and you can buy a 130-square-meter house with a huge discount of [-]% off. .

This is a great thing.

Originally, Fu Anqi was quite excited.

result……

The cruel reality told her that there is no such thing as a pie in the sky, and even if a pie does happen, it is likely to be poisonous.

No, the house was bought at a low price, but the problem is that I can't live in it.

Indoor 4, Unit 4, Building 404, Bishui Garden.

"No, didn't I tell you everything, our house has been rented out for 40 years, the sale is not broken, do you understand the lease?"

"All right, all right, don't talk nonsense to me."

"Don't you want to sue? Wherever you fall in love, sue wherever you like, and see if you can afford it. I don't know who to move out of the court to scare."

A middle-aged woman in her forties, wearing a floral shirt, yelled at her mobile phone like a cannonball.

Then he hung up the phone directly and threw the phone on the sofa.

"It's that girl surnamed Fu again?"

Gao Donglin, who was over [-] years old, sat on the other side, with a solid wooden tea set in front of him, and asked casually while making tea.

The middle-aged woman is his wife, named Liu Jia.

These two people are the old Lai who stay in the house and don't leave.

Liu Jia folded her arms and leaned back on the sofa, pursed her lips and said, "Yeah, I'm really annoying. I'm either making trouble at the door all day, or I just keep making phone calls."

"Do you know what she said to me just now? She said that if we don't move, we will go to court to sue us."

"I laughed on the spot and went to the court...it's really frightening to be an old lady."

Liu Jia rolled her eyes almost to the sky, she didn't take Fu Anqi's words to heart at all.

Anyway, they are all on the list of untrustworthy persons, restricted from high consumption, and become old rascals. What are you afraid of?
"Ha ha……"

Gao Donglin smiled, and said flatly: "Let her sue, anyway, we have the lease contract in hand, so we won't be afraid of going to court."

"Little girl just lacks social experience, and it's good to spend money to buy a lesson."

Liu Jia immediately stared at Gao Donglin vigilantly, "I said Gao Donglin, you have a girl on the left and a girl on the right, don't you like that foxy girl?"

"Look what you're talking about, I can't even satisfy you, me, even if I want to cheat, I'm powerless." Gao Donglin said helplessly.

"Tch, useless old man."

Liu Jia glanced at him contemptuously, and didn't bother with this question any more.

……

the other side.

After the phone conversation was fruitless, Fu Anqi, accompanied by Sister Yun, walked into a law firm in Yecheng.

(End of this chapter)