Will be 5000 yuan intermediary service fee, the owner will be 8000 yuan.
Deposit, one-time refund to property buyers.
Refuse to perform the purchase contract on the grounds of illness.
Yu Zhou (pseudonym) is a second-class mentally disabled person with "severe adaptive behavior disorder". Most of life can't take care of themselves and basically don't communicate with others. He can only express his basic needs and understand the simple instructions of his caregivers. Most of his life still needs the care of others.
202 1, 10/On October 27th, Zhou Yu bought a second-hand house in Chongqing Yalong Real Estate Agency Co., Ltd. (hereinafter referred to as Yalong Agency), and signed an intermediary contract with Ms. Liu, the owner of the second-hand house, and Yalong Agency, stipulating that Zhou Yu would pay Ms. Liu a deposit of15,000 yuan, of which 50,000 yuan.
1 many months later, Ms. Wu, Zhou Yu's mother, learned about her son's unauthorized purchase of a house and introduced Zhou Yu's illness to Yalong brokerage company and Ms. Liu, hoping to cancel the agreement and refund the deposit, but was rejected.
Coincidentally, Zhou Yu once sold a house through Yalong brokerage company in July 20021year. Ms. Wu signed the agreement at that time and told the company about her son's illness. Therefore, Ms. Wu believes that Yalong Brokerage Company still signed an agreement with Zhou Yu despite knowing that she has mental disorder, and the agreement has no legal effect.
Zhang Tao, the head of the store of Yalong Brokerage Company, told the reporter of China Consumer News that Zhou Yu is no different from ordinary consumers in terms of buying a house, negotiating terms and signing agreements, and there is nothing unusual in appearance and speech. In order to sign this agreement, the staff paid a lot of time and energy. Now Ms. Wu refuses to perform the purchase contract on the grounds that her son is ill, which is unacceptable to the company.
The owner, Ms. Liu, said that Zhou Yu paid her a deposit of 1.5 million yuan through WeChat. She didn't know that Zhou Yu was mentally ill before, and she didn't see anything unusual at that time. This is a normal transaction, and she is not at fault, so she is only willing to refund the deposit of 5000 yuan.
The Consumer Council refunded part of the expenses through mediation.
In desperation, Ms. Wu made a complaint to the Fuling District Consumer Council.
Ms. Wu told the reporter of China Consumer News that her son had been ill for more than 20 years and left his job in the name of "leaving his post early", so he had a certain fixed income. Over the years, my son has been obsessed with booking banquets, buying and selling mobile phones, watches and commercial houses. With no disposable funds, he applied for a high-interest loan from a microfinance company through an online platform. Once asked to hand over his bank card, he will show strong aggression and hurt others. Ms. Wu said that her son's irrational consumption led to high debts at home, and she was exhausted and exhausted for a long time. She was forced to greet businesses, especially housing agencies, and was asked not to provide housing sales services for her son.
According to Ms. Wu, she learned from other housing agencies that her son booked a commercial house in Yalong brokerage company. Upon learning of the situation, she immediately contacted Yalong Brokerage Company and the owner, Ms. Liu, to ask for proof of her son's mental disability, and to cancel the agreement and refund the deposit.
Fuling District Consumer Council pointed out in mediation that Yu Zhou was a mental patient with limited capacity for civil conduct. When he signs the house purchase agreement, his legal representative (mother Ms. Wu) must be present and sign the relevant documents.
After many mediations by Fuling District Consumer Council, Yalong Brokerage Company realized its own shortcomings. 65438+1October 1 1, the three parties reached an agreement: Yalong brokerage company will refund the intermediary service fee of 5,000 yuan and the owner Ms. Liu's deposit of 8,000 yuan to the buyers at one time.
An act with undetermined validity requires the consent of the legal representative.
Xu Bin, a lawyer of Chongqing Gongxiao Law Firm, said in an interview with the reporter of China Consumer News that Article 22 of the Civil Law stipulates that "an adult who cannot fully recognize his own behavior is a person with limited capacity for civil conduct and is represented by his legal representative or ratified by his legal representative; However, civil legal acts that are purely beneficial or in line with their intellectual and mental health can be independently implemented. " In this consumption dispute, Yu Zhou is a mentally disabled person of Grade II and an adult with limited capacity for civil conduct. According to Article 145 of the General Principles of Civil Law, the act of buying a house should be an act with undetermined effect, and it must be approved in advance or ratified afterwards by its legal representative, Ms. Wu, otherwise, Ms. Wu has the right to claim to terminate the contract.
As persons with full capacity for civil conduct and professional brokerage companies, the owner Ms. Liu and Yalong Brokerage Company should pay more attention to whether the subject and object of the contract are qualified to sign the contract when signing the contract. According to the law, if you want to sign a contract knowing that the other party is a person with limited capacity for civil conduct, you should urge his legal representative to ratify it within 30 days after receiving the notice. Before being ratified, Ms. Wu, as a bona fide counterpart, has the right to revoke it. The purpose of law is to protect the legal rights of people with limited capacity for civil conduct in a weak position from infringement, thus putting forward higher requirements for people with unlimited capacity for civil conduct.
In addition, Ms. Wu, as the legal representative of Zhou Yu, should perform higher guardianship and care obligations to avoid similar problems from happening again. It is worth noting that if the legal representative does not express it, it will be regarded as refusal to ratify, and the cancellation will be made by notice.
In the mediation work, Fuling District Consumer Council actively resolved disputes and balanced the relationship between the owner, Ms. Liu, Yalong Brokerage Company and Yu Zhou. Although the owner, Ms. Liu, has the duty of care to identify the person with limited capacity for civil conduct, the whole house transaction process is short, so it is difficult to find that Ms. Liu is also the victim at the first time, so it is reasonable to charge a nominal fee of 2,000 yuan. Yalong Brokerage Company, as a witness of the whole process of professional intermediary and house transaction, bears a high duty of care and has certain faults. It is reasonable to refund all expenses, and it is also the embodiment of its social responsibility.
Reporter's notes
In the interview, the reporter deeply felt the hardships and bitterness of the families of mental patients. Fortunately, this consumer dispute that lasted for more than two months has finally come to an end. The reporter praised the understanding and cooperation of Yalong brokerage company and owner Ms. Liu, and praised the mediation and efforts of Fuling District Consumer Council.
According to the laws of our country, protecting the rights of people with limited capacity for civil conduct requires the consent of the legal guardian or the legal guardian's approval of the consequences. Only in this way can we better protect the rights and interests of people with limited capacity, such as minors or mental patients, and better build a harmonious society. In this case, the responsibility of the guardian can not be ignored. If Ms. Wu Can effectively controlled her son's large sum of money, she could avoid a lot of trouble. This has once again sounded the alarm for all parties. In daily work and life, we should not only pay attention to protecting the vulnerable groups and fulfill our reasonable duty of care, but also the relevant responsible persons should bear their due responsibilities.