[Direct answer]There are multiple risks involved, and not just one. The ownership of civil air defense parking spaces belongs to the state, so any "sale" of such spaces is essentially a sham. What you're purchasing is essentially a lease—the list of risks includes: First, you'll never be able to obtain a real estate ownership certificate, making it impossible to transfer ownership with the property or inherit it. Second, any portion of the lease exceeding 20 years is legally invalid, and the overpaid "car purchase price" may not be recoverable. Third, there are doubts about whether developers actually have the right to lease such spaces. Some projects have been found to engage in duplicate leases or multiple sales of the same parking space. Fourth, the stability of the usage rights contract may be jeopardized in the event of developer bankruptcy or project transfer. Fifth, the state can unilaterally requisition civil air defense parking spaces when needed, making the usage expectations highly uncertain. For those who have already signed a "civil air defense parking space purchase contract," they can argue for a reclassification based on its actual nature and request contract rescission and refund of the purchase price on grounds of fraud or material misrepresentation. However, the statute of limitations and evidence are crucial in such cases.

1. Problem background and typical scenarios

"The special price of the civil air defense parking spaces is 280,000 yuan, and they enjoy the same treatment as the property-righted parking spaces." — The sales pitch has tempted many buyers into signing contracts that are ostensibly sales but in reality are long-term leases, paying the full amount or even arranging installment payments. It wasn't until they tried to resell the parking spaces and found they couldn't, or when no one could clarify where the parking spaces would be in 20 years, that they realized the problem. A common starting point of parking space disputes is that no one told the buyers at the time of signing the contract that "this isn't yours".

II. Key points of contention

First, the determination of the nature of the "sales contract" — whether it is a sale or a lease; second, the developer's liability for fraudulent concealment of the nature of the parking spaces; third, the scope of the return of the overdue lease and the price; fourth, the remedies and evidence collection when the right of use is infringed.

III. Professional analysis by Henglue Lawyers

The first layer is the debate over legal classification: The contract title "Sale and Purchase" does not necessarily mean a sale and purchase transaction. The court determines the nature of the rights and obligations based on the substance of the contract. If the subject matter of the transfer of ownership cannot be realized due to its untransferable nature, it is usually classified as a paid acquisition of use rights or a lease, subject to a maximum lease term of 20 years; this legal classification directly affects the buyer's remedies. The second layer is the path of fraud: If the seller explicitly or implicitly states during the sales process that "there is property rights" or "certificates can be obtained," this constitutes fraud. According to the provisions of the Civil Code on fraud, the defrauded party has the right to request the rescission of the contract and demand the return of the payment and compensation for losses. However, if the seller only promotes "long-term use rights" without falsely claiming ownership, it is difficult to prove fraud, and the case is instead handled based on the principles of material misrepresentation or the failure to fulfill the contractual purpose. The third layer is the issue of price refund: If the buyer pays the purchase price but only obtains use rights, the difference between the purchase price and the market value of 20-year rent can be claimed for refund. The years of use can be offset against reasonable rent. During negotiations, developers often defend themselves by saying "the contract states that the buyer is aware of it being a civil air defense facility." In this case, the audio recordings of sales pitches, promotional leaflets, and WeChat group records can serve as evidence to refute this argument. The fourth layer is defense and remedies: For uncontracted cases, first verify the civil air defense registration to determine the nature of the facility. If it can be leased, sign a lease within 20 years and include breach of contract and priority renewal clauses. For cases where the nature of the facility was concealed after signing the contract, promptly collect promotional evidence, send termination or rescission notices, and sue for refund. For collective cases (dozens of owners in the same project), it is advisable to take collective action to share costs and evidence, which enhances the success rate of mediation and the speed of compensation. For each risk level of civil air defense parking spaces, there is a verifiable option before signing the contract - verifying the nature of the facility, checking documents, preserving evidence, and controlling the lease term. By completing these four steps, the risk shifts from "uncertain" to "calculable." For owners who have already fallen into the trap, the legal channels for rescission and refund are open. The longer the delay, the harder it is to find evidence of sales promises, and the lower the probability of recovering funds.

IV. Practical suggestions and legal basis

The first step is to verify whether the parking space belongs to a civil air defense project (planning permit, civil air defense filing); the second step is, for those who have signed sales contracts, to collect promotional materials and evidence of sales promises; the third step is to send a written letter to request rescission or termination, and retain the delivery receipt; the fourth step is to sue for the return of the purchase price and compensation for losses if no agreement is reached. The main legal basis includes: Article 148 of the Civil Code of the People's Republic of China (effective from January 1, 2021) on the revocability of fraud, Article 705 on the maximum term of leases, and the People's Air Defense Law of the People's Republic of China (effective from January 1, 1997) on the ownership of civil air defense projects and their use in peacetime. Specific applications shall be subject to the currently effective provisions.

5. Henglu Law Firm's Advice

The anti-pitfall mantra for civil air defense parking spaces: Check the civil air defense filing, reject the sales pitch, control the 20-year lease term, and keep the promotional evidence—complete these four steps before paying. For disputes involving the sale of parking spaces and fraudulent rescission, you can seek legal assistance through the following channels:Real estate transactions and construction projectsObtain a comprehensive solution for the service; for lawsuits involving contract cancellation and refund of the purchase price, you can combine the two cases together.Business and contract disputes in enterprisesPlate; for matters involving the recovery of developers' arrears, you can seek adviceCreditor's rights and debts, and enforcementThe team is responsible for corresponding lines; for disputes involving other parking spaces and home purchases, you can refer to it for reference.Special servicesColumn.

VI. Frequently Asked Questions

Q1: Can I still withdraw from the contract for the sale of a civil air defense parking space after signing it?

Yes. You can request to rescind the contract and return the payment on the grounds of fraud or major misunderstanding; you can also rescind the contract on the grounds that the contractual purpose cannot be achieved, but the choice of legal remedy should be based on the evidence of the sales promise.

Q2: Can people-defence parking spaces be issued with property ownership certificates?

No. The ownership of civil air defense projects belongs to the state, and the registration authority will not handle the registration of property rights for individuals. All the promises of "being able to obtain a certificate" are false.

Q3: Can I get all the overpaid money back?

During the period of use, the rental fee shall be offset against the reasonable rent, and the remaining part may be claimed for return. If it constitutes fraud, the party may also claim compensation for losses, and the specific amount shall be calculated based on the evidence and the actual usage situation.

Q4: Will the civil air defense parking spaces be taken back by the state?

They can be requisitioned in times of war or emergency, but their use is protected by law in peacetime. This is an inherent attribute of civil air defense parking spaces, and it should be taken into account when signing contracts.

Q5: Can the homeowners' committee reclaim the civil air defense parking spaces?

The ownership of civil air defense projects belongs to the state, and the homeowners' committee has no right to claim that the ownership belongs to all owners. What they can strive for is the transparency of income distribution and the rationalization of usage rights arrangements.

The above questions and answers are mainly based on the judicial practice in Beijing. There may be differences in the adjudication guidelines in other regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits.Legal services for real estate transactions·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.