Case playback:
Xiao Zhang and Xiao Wang are standard white-collar workers. At the beginning of their marriage, they bought a one-bedroom apartment with the support of their parents and registered it under the name of Xiao Zhang. After having children, the desire to change a big house is more and more urgent. Suffering from not having enough funds, the two discussed selling the existing house first and paying the down payment for the big house with the money from selling the house. Xiao Wang found the buyer Xiao Liu through an intermediary company. Xiao Liu was satisfied after seeing the house. After several negotiations, the two sides agreed that the transaction price was 950,000 yuan. Xiao Wang signed a sales contract with Xiao Liu in the name of Xiao Zhang's entrusted agent.
During the period when both parties intend to perform the contract, no one expected that the house price would rise rapidly. An intermediary company quoted 6.5438+0.05 million yuan for this house. Mr. and Mrs. Xiao Wang feel that they have lost money.
After thinking about it, Xiao Zhang sued Xiao Wang and Xiao Xiao to the court as defendants, demanding that the sales contract signed by Xiao Wang and Xiao Liu be invalidated on the grounds that the house was the property of husband and wife, and Xiao Wang signed the contract with Xiao Liu without his consent. Xiao Wang also admitted in court that he sold the house without Xiao Zhang's consent. Xiao Liu said that Xiao Zhang was at home when he went to see the house, and after the contract was signed, Xiao Zhang called himself to ask for a price increase, so Xiao Zhang should know and agree with Xiao Wang's behavior of selling the house. The staff of the intermediary company also appeared in court to prove the facts advocated by Xiao Liu.
Case study:
The situation reflected in this case is not uncommon in practice, that is, one person in the house * * * asked for confirmation that the sale of the house was invalid on the grounds that others had disposed of the property of * * * without authorization, so as to achieve the purpose of selling the house in disguise. This practice is rarely supported by the court in practice.
In this case, Xiao Zhang and Xiao Wang are husband and wife. According to the contract signed between Xiao Wang and Xiao Liu, Xiao Wang appeared as Xiao Zhang's entrusted agent, the seller was Xiao Zhang, and the house was owned by Xiao Wang and Xiao Zhang. At this time, even if Xiao Zhang didn't sign the contract, when Xiao Liu has enough reason to believe that Xiao Wang signed the contract and obtained Xiao Zhang's consent, then the contract should be deemed valid, and the buyers of houses in Zuowei Liu are in good faith, and their interests should be guaranteed first.
In this case, Xiao Zhang was present when Xiao Liu looked at the house, indicating that Xiao Zhang knew about selling the house, and communicated with Xiao Liu on the price increase by phone after the contract was signed, so Xiao Zhang's failure to sign the contract did not affect the validity of the contract.
(The above answers were published on 20 15- 10-26. Please refer to the current actual purchase policy. )
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