According to the law of our country, if a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall do so within six months from the date when it knows or should know that it has taken an administrative act. Except as otherwise provided by law. The people's court shall not accept real estate lawsuits filed more than 20 years from the date of administrative acts, and other lawsuits filed more than 5 years from the date of administrative acts.
How to deal with disputes over real estate license
1. The property ownership dispute was caused by the developer.
(1) Before signing the contract, the purchaser should check whether the original State-owned Land Use Certificate provided by the developer is marked with mortgaged land. There should be special clauses in the "Purchase Contract" to stipulate the relevant contents of house property right and real estate license, not only to stipulate the specific processing period, but also to stipulate the handling methods that cannot be handled on time.
(2) Don't sign an unreasonable power of attorney. Many developers require buyers to sign an agreement in addition to the contract, entrusting them to handle real estate licenses, collect deed tax and public maintenance funds. This unreasonable entrusted property buyers can refuse.
(3) According to Article 33 of the Regulations on the Management of Urban Real Estate Development and Operation: "Real estate development enterprises shall assist the purchasers of commercial houses to handle the registration procedures of land use rights and house ownership, and provide necessary supporting documents." Therefore, regardless of whether the purchaser entrusts the real estate agent to handle the real estate license, the real estate agent has the legal responsibility to assist the purchaser to handle the property transfer procedures and obtain the real estate license.
2. Disputes caused by the buyer himself.
(1) If there is a dispute between the developer and the small business owner, the real estate license that should have been issued to the small business owner will be temporarily withheld. The developer should communicate in time, solve the contradiction in time, and avoid prolonged delay. And it can be argued that the developer's temporary suspension of the real estate license has constituted a breach of contract and requires the developer to correct it.
(2) If the house deed tax and public maintenance fund have not been paid, they should be paid in time, because paying the above taxes and fees is a necessary procedure to obtain the real estate license according to law. In order to obtain the real estate license in time, buyers should pay the money in time and hand over the receipt or invoice to the developer or intermediary in time.
(3) If the documents submitted for the real estate license are unqualified, they should be corrected in time, and the staff can be required to avoid "going the wrong way".
(4) For individual buyers who build houses illegally after living, so that the planning department will not issue the certificate of house completion acceptance, they should dismantle the illegal buildings in time to ensure the real estate license.
3. Disputes caused by the real estate license handling department.
You can apply to the administrative organ at the next higher level for administrative reconsideration or bring an administrative lawsuit to the court.
4. Disputes caused by agents.
You can terminate the entrustment contract and claim compensation from the agent or institution.
To sum up, it is Bian Xiao's relevant answer about the limitation of administrative litigation for revoking the real estate license, hoping to help you.
legal ground
Article 45 of the Administrative Procedure Law of the People's Republic of China
If a citizen, legal person or other organization refuses to accept the reconsideration decision, it may bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. If the reconsideration organ fails to make a decision within the time limit, the applicant may bring a lawsuit to the people's court within 15 days after the expiration of the reconsideration period. Except as otherwise provided by law.
Article 46
If a citizen, legal person or other organization brings a lawsuit directly to the people's court, it shall bring a lawsuit within six months from the date when it knows or should know that it has taken an administrative act. Except as otherwise provided by law.
The people's court shall not accept real estate lawsuits filed more than 20 years from the date of administrative acts, and other lawsuits filed more than 5 years from the date of administrative acts.