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近年来,由于房地产业持续火爆,房价不断上涨,房市投机行为遍布,同时国家加大对房地产市场的调控力度,使一些商品房买卖合同的履行条件发生了变化,大大增加了商品房买卖合同纠纷发生的几率。有关法律人士指出,商品房买卖合同纠纷,主要有以下几种情况:一是因延期交房引发的纠纷。因开发周期长,不确定因素多,开发商风险大,开发商预收了购房者的房款后,所建项目未能按期竣工或如期交付房屋,引发诉讼。二是因房屋广告与实际交付不同导致的纠纷。售房广告是购房者了解房屋的第一手资料,其真实性与准确性会直接影响着购房者的决定。为吸引更多购房者,出卖人在销售广告及宣传材料中夸大其辞,实际交付房屋与原介绍的文字材料、广告宣传相去甚远,引起购房者不满。三是因一房二卖欺诈卖房引发纠纷。出卖人故意隐瞒出卖房屋已经抵押或另行出卖的事实,在与买受人签订商品房买卖合同后,买受人诉讼要求确认商品房买卖合同无效、返还已付购房款及利息,并承担赔偿
In recent years, as the real estate industry continues to be hot, housing prices continue to rise, housing speculation throughout the country to increase regulation of the real estate market, so that some of the conditions of fulfillment of the sale of commercial housing contracts have changed, greatly increasing the sale of commercial real estate contract disputes probability. The lawyers pointed out that the sale of commercial housing contract disputes, mainly in the following situations: First, due to delay in delivery of disputes arising. Due to the long development cycle, many uncertainties, developers risk, developers paid in advance the buyers of housing funds, the project was completed on schedule or delivered to the house on schedule, triggering a lawsuit. Second, due to the difference between real estate advertising and actual delivery of the dispute. House advertising is buyers understand the housing first-hand information, its authenticity and accuracy will directly affect the buyers decision. In order to attract more buyers, the seller exaggerated sales advertisements and promotional materials. The actual delivery of the houses was far from the original written materials and advertisements, causing dissatisfaction among homebuyers. Third, due to a room selling two fraud selling disputes. The seller intentionally concealed the fact that the betrayed house had been mortgaged or sold separately. After signing the contract of sale and purchase of the real estate with the buyer, the buyer ’s lawsuit demanded that the contract of sale and purchase of the commercial house be invalid, refund the paid house purchase price and interest, and bear the compensation