Xiao Lin and his wife were dumbfounded. They are too timid to say "why don't we add another 30 thousand" that the couple have been discussing for several nights. And the most gratifying thing is that it is still popping up. The landlord's daughter-in-law who signed on behalf of the landlord said, alas, I'm not the landlord, and my signature doesn't count.
Selling houses in the same community
I thought I could lock in the price.
The house is bought by Mr. and Mrs. Kobayashi, from New Hangzhou. Five years ago, they got married and bought a house of more than 60 square meters in the north of Hangzhou and Xinnanyuan.
Now the baby is 4 years old and will go to kindergarten in the second half of the year. A good primary school has been built next to the community. Mr. and Mrs. Kobayashi think it's better to change to a bigger three-bedroom apartment in the same neighborhood.
Kobayashi said, I thought I could lock in the price. I sold the house and immediately bought it in the community.
In March this year, Mr. and Mrs. Kobayashi successfully sold their house at a price of 25,000 yuan per square meter. Then I quickly took a fancy to another 93-square-meter house in the same community, with a hanging price of 2.5 million, and now it is in a rental state.
Mr. and Mrs. Kobayashi called according to the phone number of the house contact who stayed in the intermediary. The other party is an enthusiastic aunt.
Later, I learned that this aunt Jiang is the landlord's daughter-in-law, and the landlord couple are 90 years old.
After raising the price by 50,000 and signing the intention contract,
There is nothing more for the landlord.
The Kobayashi couple and their agent told the qianjiang evening news reporter that Aunt Jiang was very enthusiastic and eloquent. For so many years, the rental of this house is the responsibility of this intermediary, and it is all in contact with Aunt Jiang, and the rent is also paid to Aunt Jiang's account. Everyone thinks that Aunt Jiang can be fully responsible for the sales of this property. The Kobayashi couple said that Aunt Jiang said before that she could live in her own house and wanted to sell this idle house so that she could get a better car.
Mr. and Mrs. Kobayashi said that they were the first to see the house after it was listed for sale, and immediately made a decision and said that I wanted 2.5 million yuan.
According to Kobayashi and his wife, Aunt Jiang said it was 2.55 million instead of 2.55 million.
Xiao Lin said, well, I think. The unit price is 27,400 yuan.
Aunt Jiang said that the tenant just signed it.
Kobayashi said, we will wait for him to rent it for half a year.
In April this year 15, the two sides signed the Contract of Intention to Purchase a House, and Aunt Jiang came forward. The agent asked the old man why he didn't come. Aunt Jiang said that the house is a relocated house. In recent years, the old man has never had a real estate license. After signing the intention, she ran errands to get the real estate license. After everything is done, it is enough for the old people to sign the transfer contract, because it is convenient for them to run when they are old.
At that time, Aunt Jiang brought the original ID cards of the landlord and the old couple, as well as a full set of original real estate information. In the signature column of the agreement, it is written as "Jiang Moumou". Kobayashi and his wife directly paid a deposit of 200,000 yuan, 6.5438+0.5 million yuan was credited to Aunt Jiang's account, and 50,000 yuan was left in the intermediary, because the real estate license has not yet been issued. Both parties agree to sign the Hangzhou House Transfer Contract within 30 days.
Is the real estate contract signed by a non-landlord valid?
Do you want to bear the liability for breach of contract?
At the beginning of May, Kobayashi and his wife received a phone call from Aunt Jiang. Well, my father-in-law's friend said that this house is worth at least 3 million.
Xiao Lin and his wife were directly shocked. Does this mean a price increase? They said, either 10000, then 20000, at most 30000. They said that Aunt Jiang directly said that my parents-in-law didn't want to sell.
The Kobayashi couple and the intermediary wanted to communicate directly with the old man, but Aunt Jiang refused to disclose the old man's residence.
Qianjiang evening news reporter called Aunt Jiang many times yesterday. She heard that I was a reporter in qianjiang evening news, and wanted to ask about the house, so she hung up the phone and never answered.
At present, both parties have hired lawyers. Yesterday, Mr. and Mrs. Kobayashi's lawyer sent a dunning letter to Aunt Jiang, saying that the Hangzhou Housing Transfer Contract should be signed by this afternoon 17 at the latest, otherwise legal channels will be taken.
The Kobayashi couple also received a phone call from Aunt Jiang's lawyer today. The lawyer said that Aunt Jiang was not the landlord and the contract she signed was invalid. Now you can refund the deposit to them and compensate them for this month's interest at most.
Qianjiang evening news reporter asked the legal profession, what should I do if I encounter such a dispute?
Some people tend to think that Ms. Jiang's behavior makes everyone believe that she has the right of agency, which is what the law calls "agency by estoppel". Agency by estoppel will generally be recognized as effective, in order to maintain the good faith foundation of the agency system and protect the legitimate rights and interests of bona fide third parties.
However, some people think that when Ms. Jiang signed the contract, she did not issue a notarized entrustment agreement for the owner of the house, that is, the old couple. Therefore, it can be considered that the intermediary and the buyer themselves did not strictly control the customs, did not fulfill the obligation of careful review, and took the adverse consequences on their own.
Chen Songtao, director of Zhejiang Guo Feng Law Firm, believes that Aunt Jiang is a person with full capacity for civil conduct. She knows what she is doing. The contract she signed is valid. Now the contract can't be fulfilled. Then Aunt Jiang should be liable for breach of contract according to the contract. According to the contract, the total house price is 10%, and the 2.55 million house will be compensated for 255,000. Or double the deposit, that is, the deposit is 200,000, one is refunded and the other is 200,000; Choose between the two.
But it seems that the Kobayashi couple can't get the house, because Aunt Jiang is not the owner of the house, and she has no right to dispose of the property, which means that it is useless to sell it.
Relevant laws and regulations
Article 3 of the Supreme People's Court's Interpretation on Applicable Legal Issues in the Trial of Disputes over Sales Contracts stipulates that if one party claims that the contract is invalid on the grounds that the seller has no ownership or disposition right to the subject matter at the time of conclusion, the people's court will not support it. If the buyer asks the seller to bear the liability for breach of contract or terminate the contract and claim damages because the seller has not obtained the ownership or disposal right, the people's court shall support it.