Case one,
Lao Chen has a house of more than 200 square meters in a vacant state, so he found the buyer Lao Wang. At that time, the two sides agreed on a house price of 900,000 yuan and signed a sales contract. However, in order to avoid taxes, the two sides signed a contract with a house price of 700,000. When the house payment was paid, the two sides had differences, and Lao Chen took Lao Wang to court.
Lao Chen believes that the 900,000 contract says "the sales agreement signed before this agreement is invalid, and this agreement shall prevail." So the house payment is 900 thousand. However, Lao Wang does not recognize it. He believes that the price declared by the two parties to the real estate department is 700,000, and the transfer has been handled. The house price confirmed by both parties is 700,000. Lao Chen also gave evidence that Lao Wang offered to quote low-priced transactions in order to avoid taxes.
In the end, the court held that the 700,000 contract was not the true intention of both parties, and Lao Wang should pay Lao Chen according to the 900,000 contract.
Although Mr. Chen's statement in this case won the support of the court, we should also see the hidden risks of signing a yin-yang contract. If Mr. Chen doesn't have strong evidence to prove that this 700,000 contract is not his true will, won't he face huge property losses?
Case 2,
Mr. Wang wants to sell a second-hand house through an intermediary. After negotiating the price with the buyer Zhang, there was a disagreement on the issue of taxes and fees. Through the intermediary, the two parties finally signed a female contract of 6.5438+0.42 million yuan and a male contract of 6.5438+0.00 million yuan. After all the formalities were completed, Zhang still had 320,000 yuan unpaid, and Mr. Wang repeatedly urged no results. Mr. Wang thinks that the contract of 6,543,800 yuan+0.42 million yuan is the expression of its true meaning, while Zhang advocates performing the responsibility according to the contract of 6,543,800 yuan.
Because male contracts have been registered, the probative force is often higher than that of female contracts. If in this case, Mr. Wang can't produce relevant evidence to prove that the contract of 654.38+0.42 million yuan is the true intention of both parties, he can only give up his claim of overpaying the house payment.
As can be seen from the second situation, the yin-yang contract is very risky for the seller. Apart from economic losses, what other legal provisions are there? According to the Contract Law, the Tax Administration Law, the Criminal Law and other laws and regulations, buyers and sellers will be punished if they lower the house price in the contract to pay less taxes, or if they borrow at a high price. Not only should the tax be recovered, but also a fine of less than five times should be imposed. If the circumstances are serious, it will constitute a crime.
In addition, the two parties who signed the "Yin-Yang Contract" may also be recorded in the personal credit information system by the relevant departments, leaving a credit stain.
Therefore, when signing a house sales contract, buyers and sellers should abide by the relevant state regulations and follow the market trading rules, and should not take greater risks for the sake of "petty profits".
(The above answers were published on 20 16-03-08. Please refer to the actual situation for the current purchase policy. )
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