Xu Xin: for a long time, received a large number of legal advice and help, unable to answer all of or concern. After careful consideration, the establishment of the platform. At present, the legal professional volunteer has begun to take shape, to provide free legal advice to the public, and according to the specific circumstances, to provide legal aid to have serious difficulties in the weak obligation.
The consultant, please add Micro message: mycase/ cases, or scan the two-dimensional code and search: Sohu News client
This is the answer of 3804th to 3855th legal consultation
 
"Major" legal aid platform Q & a record (one hundred and nineteen)
                
Thank you for your trust and consulting! According to the information provided, combined with China's relevant laws and regulations, this paper answer is as follows:
 

3804, ice core

The students were without evidence of fraud, how to do? Last January, my classmates called and asked me whether or not to test a construction division. I said test ah, but it's hard to even pass. Then she said to her eighty thousand yuan of money, she can get results.

Answer: it is recommended that collect evidence such as bank card records, then the presence of witness testimony as soon as the alarm processing. Friendship clew, similar change scores behavior is not protected by law, not only to your desired effect, there may be money to risk one empty, I hope you don't take to heart. (Lei Wenxia, Sina micro-blog @ major Lei Wenxia)

 

3805, Zhang Jian

Hello, teacher, I work in Shanghai company, which belongs to the dispatched workers. Last year, the newly revised "labor contract law", the labor dispatch employment restrictions. In order to circumvent the law, now services company and our contract is about to expire staff sign outsourcing contract "". Excuse me, if we refused to renew the contract, can ask the company to pay compensation?

Answer: 1, labor two protocols to send to you, that is with the labor dispatch unit labor contracts and labor dispatching units and the units of labor dispatch agreement. According to the "labor contract law" (hereinafter referred to as the law) the provisions of article fifty-eighth, you and the labor dispatch unit form a labour relationship.

2, the labor contract expires, the termination of the labor contract. But in accordance with the provisions of the law forty-sixth, unless the employer to maintain or improve the conditions agreed to renew the labor contract labor contract, laborer does not agree to renew the situation, people should pay economic compensation. According to your description of the situation, you can claim economic compensation to the labor dispatch unit.

3, economic compensation standards, each for one year to pay one month's wages, with less than half a year by year basis, less than half a year, half a month to pay wages. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

 

3806, Zhao Jie

My brother and sister-in-law has three children, his brother had another woman outside, I wanted a divorce, she does not agree, two people for two years did not together, I want to ask, how can a divorce, after divorce sister-in-law wants a child, alimony how?

Answer: 1, according to the "marriage law" the thirty-second regulation, because feelings not separated two years is a legal divorce is one reason, what you said, you can sue for divorce.         

2, about children and maintenance problems, both parties to the agreement shall prevail, if consensus cannot be reached, the court generally on the basis of principle of children belonging to the judgment of children. Maintenance fees according to the local standard of living, monthly or once to clear, at the same time, children's education expenses, medical expenses and other appropriate to share. (Lei Wenxia, Sina micro-blog @ major Lei Wenxia)

 

3807, plllp

Last year in August I bought a car. In February this year, traffic accidents. The car was severely damaged. The accident the other vehicle airbag pop. The car airbag did not pop up in my! The traffic accident is serious. I want to consult, consumer protection law and new regulations without provisions: this vehicle doesn't belong to the hidden safety problems of the car! This car Is it right? Within return cover!

Answer: according to the "consumer protection law," the people's Republic of China and the relevant provisions, the relevant judicial interpretations of the first, in this case, the product defect is not installed or not airbag airbag design situations. Second, according to what you said, no pop-up airbag does not mean that there is no airbags, this situation is more in line with the quality defects of legal provisions. Third, if this case involving a motor vehicle is defective products, and operators and consumers consensus agreement, can return. Fourth, there is no agreement or the agreement, in accordance with relevant laws and regulations, the relevant administrative departments identified as unqualified products, also can ask to return. Fifth, the parties may request the civil compensation for defective vehicles corresponding.

Finally, the above answer is not based on a detailed understanding of the details about the case, only the legal opinion preliminary, please consider appropriate and rational judgement. (Huayu, Sina micro-blog@ the -Bridge)

 

3808, WaSaBi global share _ small X

Hello, is this. My father died in January 19th, my stepmother before this has been on the identity certificates and the health of my father's card. Now the insurance box my father was open, and that the car to go home to a drag, and refused to take my grandmother, now I have to study to be her, I have what way?

Answer: according to the "law of succession of the people's Republic of China", your father died, the inheritance of the people with you, your grandmother, your mother, your stepmother and your father's children. This means that no matter how you and your grandmother in law is the right to obtain a copy of your father's legacy. Heritage including his funds, real estate, home appliances etc.. So your stepmother is has no right to dispose of all private do. At the same time, according to the "Regulations on the relationship between family members of the marriage law", your stepmother is maintenance of your grandma, but because of your father's death, he and your stepmother's marital relationship is terminated, so here I will not continue to bear the maintenance of your grandmother. Between your description of the case is not detailed enough (your stepmother had and your father to obtain a marriage certificate, have no children,) so offer the following solutions: you can go to your local neighborhood request conciliation; also can to you and your grandmother's name to the people's court your stepmother, asked her to return you should get legacy. (Li Bing, Sina micro-blog @ I is a small Li Bing)

 

3809, smiling angel

Hello, I have a niece, married two years, feeling bad, want a divorce. Before the wedding, the man to my sister's dowry money is eighty-eight thousand. My question is, my niece to divorce, the man don't agree, what to do. The dowry money want to retire? When I married a dowry to the man. And after marriage the man spent the money. Thank you.

Answer: 1, divorce, according to the marriage law the thirty-second regulation: a party of men and women for a divorce, the organizations concerned may carry out mediation or directly to the people's court in divorce proceedings. The people's court shall carry out mediation; divorce cases, such as emotions that have been broken, the mediation fails, divorce shall be granted.

Conciliation fails, divorce shall be granted if the situation: (a) bigamy or a person who has a spouse living together with others; (two) the implementation of family violence or maltreatment, abandonment of family members; (three) there is gambling, drug abuse incorrigible; (four) separation for no love for two years (five); other circumstances lead to the breakdown of marriage.

According to your situation, the best and the divorce agreement, or meet the conditions required by law, to sue for divorce.

2, the betrothal gifts: according to the "marriage law" two judicial interpretation of the provisions of article tenth, at the time of divorce, the parties request the return of betrothal gifts custom payment situations: (a) the two sides did not go through the formalities for registration of marriage; (two) the marriage registration procedures but did not live together before marriage; (three) payment and led to two life difficult.The application of article (two), (three) the provisions of item, should take the divorce condition.

3, dowry: at present, China has no unified legislation, now approach generally believe that the relatives of the dowry dowry is one behavior should be regarded as a gift. The gift is divided into two kinds of situations: if the marriage registration before the dowry dowry should be identified as is her family on her premarital personal gift; if the marriage registration after the dowry dowry, her family is not clear is the gift of a party's personal, should recognize this as the couple's common gift, the the dowry should be identified as the common property of husband and wife, but both husband and wife have a special agreement to the dowry, should turn to identify the right to property ownership. (Wang Jing, Sina micro-blog @ judicial aspect)

 

3810, there is

After the collision alarm, because the accident is the traffic police team ', the traffic police in the past will not check drunk driving is not a blood test, can you? Whether illegal?

Answer: according to the "road traffic safety law" the relevant provisions of the traffic accident, as the plot specific when dealing with traffic accident to deal with, and not all accidents need to measure blood alcohol and verification, as illegal not illegal according to your description it is difficult to determine, at the same time processing results for the traffic accident in doubt you can go to the Traffic Management Bureau, query, or bring an administrative reconsideration related. (Li Bing, Sina micro-blog @ I is a small Li Bing)

 

By 3811, while (from major Sina micro-blog)

New rural cooperative medical system of village clinics, not as. Drug varieties less, sometimes cold medicine can not buy, do not know why a year pay insurance for, how to reflect? To reflect what department?

Answer: Hello, the competent units under the new rural cooperative medical system in the village clinics should be the local health bureau treatment office. You can reflect the situation to them. (Ji Jiabao, Sina micro-blog @ case -Freeman)

 

3812, the rise of the Elwin tribe (Major: from Sina micro-blog DMS)

Excuse me, if the company's trademark is a English spelled words, then the English being registered as a domain name registration, company can sue for infringement?

Answer: according to "the Supreme People's Court on the law applicable to a number of cases of civil disputes trademark explanation" Regulations ", and others will be identical or similar to a registered trademark words registered as domain, and the domain of electronic business of relevant commodities, trademark tort is easy to cause confusion among the relevant public". (Liu Binbin, Sina micro-blog @ lovely Cheshire cat)

 

3813, listen to the sound of your voice

Hello. I would like to ask! yesterday morning I open a motorcycle crashed into a middle-aged! The woman sit on the ground without up! To alarm! The police came, took my car to buckle! Now the woman lying in the hospital! Oh, what am I going to do.

Answer: after the police, traffic police team to the traffic accident responsibility identification, general ten days you can get "responsibility book", "responsibility book" issued after you can mention cars. For the issue of compensation, can be resolved through consultation, if the consultation fails to bear the responsibility, according to the "book" that the proportion of responsibility. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

 

3814, Chen Chen

Armour died in 2005, was left with a set of housing, in 2014 for the notarization, by his spouse and daughter (b) common inheritance. B's husband died in 2009. Q: in 2014 for the right to inherit, B to inherit property ownership from 2005 a death, or confirm the achievement in completing the right of inheritance notary book? Whether the property B inheritance belonging to the joint property of husband and wife? If yes, what is the basis?

Answer: 1, according to the inheritance law the second regulation in China: succession begins at the death of a citizen. So a property from its death, inherited by his heir apparent and testamentary successor in order. As for the inheritance of housing ownership acquisition time, the controversial, it is according to the "property law" the provisions of article twenty-ninth, due to inheritance or bequest, inheritance or bequest from the beginning take effect. Therefore, in the absence of a clear successor case, B should be from a after the death of a spouse, and enjoy the ownership of the house.

2, whether to belong to the joint property of husband and wife to see whether the decedent premarital property, if is the premarital property, belong to the individual property; if not premarital property, generally belong to the joint property of husband and wife. Also note that if the marriage gift, but wills or grant contract specified for either husband or wife only property, is a party to the husband and wife property

(of law: the marriage law of our country stipulates that the seventeenth: the following property, the couple acquired during marriage in both the husband and the wife: (four) the inheritance or gift from the property.) (Wang Jing, Sina micro-blog @ judicial aspect)

 

3815, sharp flowers

Xu lawyers, hello. There is a small problem want to ask you. Pedestrians and cyclists crashed into it, pedestrians, cyclists had more serious. The medical expenses that how to share. Person riding a bicycle not hit a pedestrian, because pedestrians and fell.

Answer: can be resolved through consultation, if the consultation fails, the victim can sue to the court, asked the perpetrators compensation. But the actual operation, difficult. The victim will harm behavior, damage results, as well as the causal relationship between damage behavior and damage result, proof tortfeasor's fault and other issues, so that they can get the support of the court. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

   

3816, the smiling face

Our village in land reclamation, can be divided into our house, the four house let us home with ten thousand more than 2000 dollars to move to bare their cover in, in the absence of agreement suddenly one day my family into more than 20 local ruffians and hooligans, come up to my dad a cuff and kick it with tools to break my dad's head, my dad came from Westinghouse window caught a sickle of defense, led by two seriously injured to the hospital rescue invalid death, in this case I dad should bear what kind of responsibility, should accept what punishment, to be lenient treatment? After the accident my dad played three alarm calls, we also call 120 emergency telephone.

Answer: this case may involve crime, according to the "criminal law" article twentieth, if your father's behavior such as deemed legitimate defense, do not bear criminal responsibility. If excessive defense, should also be reduced or exempted from punishment. If your father was forced to take measures, suggest that the first time commissioned a professional criminal lawyers involved, in order to get the best result. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

　　　　

3817, small love song 75: (from the major micro-blog)

Got some unknown message, pay treasure to be paid within two minutes walk of 5000 yuan. Did not receive any payment verification code, hope can help us legal person.

Answer: you may inadvertently opened fast payment, as long as pay treasure account and password without SMS verification code can be directly paid. Suggest that you first check who is using your account, your money to pay the who, what is the purpose and so on, check out, if it is determined that pilfer date, alarm processing. In case of emergency, the proposal to contact a pay treasure customer service, let them in, and modify the password etc.. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

 

3818, 2010 sister name buy a house, mortgage, she should get married now, and she write a notary, will have what trouble?

Answer: the immovable property registered in accordance with the principle of publicity will be considered your sister's personal property. Recommend to pay down the mortgage after the timely processing of transfer procedures. Lei Wenxia Luo Qiang.

 

3819, account opening fee is charged?

Answer: you open an account cost is not clear, if the bank charges, to the banking regulatory bureau consultation. Du Hongtao.

 

3820, Party parents contributive buy houses, write the names of two persons, property define how ah?

Answer: the parents expressed as a gift one exception, the capital contribution as a gift to couples, as part of the common property. Xue Zhihua Si Huali.

 

3821, I have the house money, but the real estate 'run, real estate developers have no money to pay taxes, real estate bureau does not give the formalities

Answer: consultations with other buyers to find the relevant government departments. Du Hongtao.

 

3822, Hello, if I have been to the employer to submit written application for resignation, after 30 days, I Is it right? Can not go to work, need to get the employer's approval? If after 30 days, employers do not pay? Thank you.

Answer: according to "labor contract law" article thirty-seventh, you can be thirty days in advance in writing to the employer to resign. Do not rigidly adhere to the employer's process, but it should be noted that if you and the employer shall sign the service agreement, the termination of labor relations in advance, to bear the liability for breach of contract. The resignation of workers, the employer shall pay wages, not a consultation with the employing unit, you can go to the labor inspection department. Si Huali.

 

3823, and the middleman landlord signed the rental contract effective?

Answer: the middleman landlord as long as there is a corresponding punishment, the contract is valid. Some landlords do not directly management of rental housing, but entrusted to the middleman landlord to management, also can. Si Huali.

 

3824, I signed 4 year contract expires, there are more than 2 years, was signed in March, and has paid two years rent. I want to terminate the contract, the contract does not stipulate liquidated damages, the monthly rent is 2400, I now inform the landlord to terminate the contract to pay about how much money?

Answer: not a shape, because you have to terminate the contract in advance, which belongs to the default, although the contract is not agreed liquidated damages, in reality you need some cost compensation the landlord. Suggest to consultation, the consultation fails, you can go to court. Si Huali.

 

3825, the man buy a house before marriage, the purchase contract is the man's name, married Banfangchanzheng only write her name, if divorce, the house belongs to who?

A: This is not possible, the Housing Authority will only according to the specified in the purchase information, the purchase contract for property certificates. Du Hongtao.

 

3826, buy a house with her mother-in-law daughter-in-law name, daughter-in-law not a penny, divorce after a daughter-in-law has no power to be real?

Answer: if the property is in the name daughter-in-law, equivalent to her the gift of both parties, divorce, daughter-in-law a segmentation according to the matrimonial property claim. Du Hongtao.

 

3827, the landlord of a year's cable TV fees reasonable?

Answer: TV viewing fees generally agreed, if there is no agreement, negotiation process. But most of the lease contract will be agreed that the lessee burden. Du Hongtao Luo Qiang.

 

3828, only to lease land, I checked the relevant tax provisions of the tax law, this contract is not in the measure scope, need not pay, but not to pay tax bureau, also does not have a legal basis for the text, what should I do, teacher, do me a favor!!!

Answer: if you think the Tax Bureau tax illegal, to reflect the higher tax authorities, or complaints to the discipline inspection departments. Du Hongtao.

 

3829, my country house was sold to other people in the village for 05 years, did not apply for transfer. Can I come back right now?

Answer: the countryside homestead can only transfer in the village, can negotiate with each other, but need to compensate some damages to the other party. Du Hongtao.

 

3830, the company lease contracts for the record is what mean?

Answer: according to the relevant provisions of the rental housing management, commercial housing lease generally need to record to the local housing management sector, in order to issue the invoice; in practice most don't need invoices, basically not to record. Du Hongtao.

 

3831, the transfer of property and gift have what distinction, must pay taxes and fees are what?

Answer: transfer and gift is the real estate transfer forms, but not the same procedures and tax, gift generally require notarization, between relatives grant exemption from business tax, housing transactions would be a part of the business tax, about 5.5%, still need to pay personal income tax, tax burden in general than the gift to. Du Hongtao.

 

3832, do not transfer property rights to housing as a gift? Be to housing can sell or gift to others?

Answer: the property is still owned by the donor, before not to transfer the registration, not punishment. Xue Zhihua.

 

3833, we have an average of three people out of the. We three people do not have the main contract to sign a what kind of agreement or contract guarantee the rights and interests of the people. The contents of the agreement with the. Thank you

Answer: three people on a housing lease contract. Du Hongtao.

 

3834, a few days ago when the changes of business license to the original lease contract had been given to the administration of industry and commerce, companies do not copy copy, now the tax registration certificate and a copy of the side, can not provide it, or go to the commerce and Industry Bureau to get a copy of the lease contract to tax bureau there for the past?

Answer: to illustrate the original has been handed over to them, asking them to copy. Du Hongtao.

 

3835, I have 2 sets of houses to rent, do not want to find an intermediary, I own the Internet using A4 paper to print a few housing rental contracts signed directly and tenant effectively?

Answer: not for rental housing intermediary, he signed the contract is valid. Du Hongtao.

 

3836, migrant children need to provide a formal lease contract where to go for, how should handle?

Answer: with the landlord signed, whether to need to the local housing management departments for the record need to consult the school. Du Hongtao.

 

3837, why the provisions of the housing lease contract is the maximum period of 20 years?

Answer: the larger changes in property market prices, housing rental period related to the interests of the shipowner. Such provisions on the one hand is to protect the interests of both leasing, facilitate the management on the other hand. Lei Wenxia Xue Zhihua.

 

3838, I think the land medicinal materials in the contracting of rural, how to sign the land lease contract?

Answer: the requirements issued by the Village rental has been the villagers assembly or Congress democratic procedures before signing, contract land contract agreement clearly need to pay attention to contract length, contract cost, payment time, land expropriation compensation attribution. Du Hongtao.

 

3839, housing lease contract has not expired, housing lease contract has not expired, the landlord to recover the house, how to do?

Answer: try to negotiate with the landlord. If the consultations fail, the landlord to recover the house's behavior is the breach, can ask the landlord to bear the liability for breach of contract, compensation for losses, can also require the continued performance of the contract. (Lei Wenxia, Luo Qiang, Lv Bojie)

 

3840, rent into his vehicle, is legally allowed to do, have what work needs to be done and the matters needing attention , meaning to sign with the personal financing lease contract, rent the vehicle can be fixed assets of a company, can carry depreciation?

Answer: from accounting accounting, financing lease of property shall be leased fixed assets depreciation of fixed assets, and according to the. Su Congcong.

 

3841, the landlord and the tenant signed a one-year contract, pay three a tenant, just live for a month, the landlord raised only for three months, after three months can not continue to rent, and are willing to bear the liability for breach of contract. Tenants after hearing the news, immediately ask the landlord to cancelling the contract, return two months rent and deposit, and pay breach of contract damages. The landlord to three months after his default, just rent a month, in fact is not a breach of contract, the tenant shall immediately terminate the contract by refusing to pay, what should be how to solve?

Answer: because the other party is expected to breach of contract, the lessee may request to terminate the contract, compensation for losses. The landlord is untenable. Lei Wenxia.

 

3842, we are the new company registered in Nanshan District Software Park, Shenzhen office rent, buy invoice is not pay what the housing lease contract tax is the tax is today, where to? With what documents need to. Thank you.

Answer: need a housing lease contract to the local authority for the corresponding procedures. Du Hongtao.

 

3843, divorce often make in advance, if signed the agreement, it does not count?

Answer: after divorce in the registry, then the divorce agreement can not guarantee success, advance. Lei Wenxia.

 

3844, why do the transfer of real estate with the marriage certificate? This is not the kidnapping of marriage and the house?

Answer: to protect the legitimate rights and interests of all property. Luo Qiang.

 

3845, the house is a mortgage to buy a house, still owing on the loan period, the room is the name of my father, the repayment is my wife and I shared, but there is no evidence. If divorce, the house and how to distribute the loan?

Answer: the house of your father, the loan should also be responsible for your father, husband and wife together to repay part, the need for compensation. Xue Zhihua.

 

In 2008 3846, ex husband and I divorced in April, he was in 2008 January, Shoufu 30000, provident fund loans 120000, buy a house, he made a fake divorce certificate, housing will be settled down to his name. In 2013, I found the real existence, the value of housing 350000 yuan. We should the housing how to divide, to create fake divorce certificate, legal responsibility for what.

Answer: the joint property of husband and wife. On the basis of "divorce forty-seven marriage law", a hidden, transfer, sale, destroys the couple's joint property, or forges debts in an attempt to seize the property of the other party, the division of common property, to hide, transfer, sale, destroys the couple's joint property or fabricates the debt side, can be less or no divided. After divorce, the other party found that the above-mentioned acts, may file a lawsuit to the people's court, requesting another division of the couple's joint property. May require the segmentation hidden property to the court, ex husband may constitute counterfeiting official seals. (Si Huali, Luo Qiang, Xue Zhihua)

 

3847, there is no intermediate purchases and buy a house how many term is not allowed to remarry terms?

Answer: No. Xue Zhihua.

 

3848, I have a question to consult a lawyer: father and me in 94 years to buy into public rental housing property, the property permits to my father's name, because at that time can only write a person name, that account has brothers 6 people, married brothers don't live here, now, dear brothers and father of the court, the first to add a name on the birth certificate, second cents to them. Usually his father obligation never care, buy a house to pay for they said I don't live here so no. Ask the lawyer they request is reasonable?

Answer: the demand is not reasonable, the housing property should belong to the father of all. Du Hongtao.

 

3849, inheritance property tax benefit in where?

Answer: can lead to more people of property transactions, increase the secondary housing supply, increase tax. Du Hongtao.

 

3850, the collection of property tax to curb rising prices?

Answer: from theory to adjust the central housing property tax, but the effect is not obvious. Lai Heping.

 

3851, if the property tax, the limit is no ceiling?

Answer: the specific policy has not yet promulgated, unpredictable. Du Hongtao.

 

3852, buy a house, signed the contract, the original landlord does not sell, how should handle?

Answer: may request it to continue to perform, or bear the liability for breach of contract. Du Hongtao.

 

3853, to sell the house, Is it right? All charges are the buyer?

Answer: the need for consultation between the two sides, some provisions shall pay the seller, but are passed on to the buyer. Du Hongtao.

 

3854, Jess Wong

Sister married a girl before, to her ex husband after divorce. His marriage produced one daughter, after the divorce to his. The first sister brother-in-law combined into a new family, husband is the only child, they are at the end of 2011 regeneration of a female, the village to children on account to coerce, identified the remarriage new combination family born woman to bounce back, last year the collection of social maintenance fee 35000 yuan, and Jiangsu alone two-child policy has been liberalized, will engage in a lawsuit to recover fine? This combination was whether the kids? If, after divorce remarried people did not have? How to remarry?? Thank you. They are migrant workers, not easy to make money. Thank you

Answer: our country "population and family planning law" the eighteenth regulation, legal regulations and conditions, can arrange for the birth of the second child, the specific measures shall be formulated by the provincial people's Congress or the standing committee. According to the "Regulations of Jiangsu province family planning regulations", the situation you say does not belong to the "may apply for re - birth of a child", should belong to.

   Although the individual two-child policy has been liberalized, but your sister and her husband do not necessarily conform to be the second child of the situation, even if is really consistent with the policy, but the social maintenance fee has been paid, the new policy adjustment has completed execution behavior, therefore, to engage in a lawsuit to recover the fine may be very low. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)

  

3855, the vegetarian lion

Hello, I would like to consult the housing transactions contract issues at the end of last year we want to improve the living of the existing housing sale. When the intermediary estimation of normal process bank before the end of 2 loans to me, so I and others are scheduled in February 28th. The question now is bank here is no money, can't loan, contract date draws near, I look at the contract pre overdue pay late fees, 0.05% per day. But the contract to the bank loan time did not mention, now home and intermediary in urging me to others, now I only get home before the first payment. Intermediary banks queuing in loan. My concern is I now launch if there is a problem not bank lending, the family also have moved in, what do I do if in the home to pin the blame to the bank head does not fit, I how to safeguard their rights

Answer: (1) according to your description of the case, the core is the delivery of housing and the bank next after the first who problem, it depends on the terms of the contract. If the agreement was only after delivery, then you can not deliver, and sent a letter to request payment, if the other party has not been paid, it constitutes a breach of contract. If the agreed delivery time in the next, it should be the first delivery, otherwise you will constitute a breach of contract.

  (2) general contract will be agreed bank not letter, if not the next, usually agreed to pay the buyer the cash, but depending on your contract.

  (3) delivery of property does not mean that the transfer of housing ownership, so even if the other party does not have delivery, payment, you can still request the other party to terminate the contract and return the house. (Su Congcong, Sina micro-blog @ Su Xiaoxiao astute lawyer)