If you sell two in one room, you have to pay for two.
If you sell a house against the price, you have to pay the difference.
Yesterday morning, the Political and Legal Committee of Guangzhou Municipal Committee and China Guangzhou Arbitration Commission (hereinafter referred to as "Guangzhong") held the third briefing on the publication of class cases. The theme of this issue is the housing sales dispute that people are most concerned about.
As a settlement institution of civil disputes, Guangzhong accepted 4,575 disputes over housing sales contracts in 2065,438+06, which witnessed countless human joys and sorrows caused by housing. Because there are many legal issues and complex types involved in housing disputes, in order to ensure the smooth and safe housing transactions, this classic case will remind the general public to be cautious in the process of housing transactions and not to fall into the "trap" of transactions.
Buy a house by name
Buy a house for a friend in the name of breach of contract and compensate the developer for 300 thousand.
Zhang wanted to invest in real estate in Guangzhou, but he was not qualified to buy a house, so he found a friend Li who was qualified to buy a house. Through negotiation, Zhang paid the purchase price in the name of Li, and the income from the future purchase was divided into 7: 3.
On June 20 13, Li signed a commercial housing sales contract with a developer to buy a set of commercial housing in a garden community in Luogang District, Guangzhou. Zhang actually paid the down payment and related expenses and paid the bank mortgage loan every month.
At the beginning of 20 15, the developer informed Li to repossess the building. Li asked Zhang to pay him more than 654.38 million yuan before agreeing to go through the formalities of repossession. The failure of the two sides to reach an agreement led to a dispute.
Zhang sued the court and asked Li to return the down payment of 320,000 yuan, related expenses of 30,000 yuan and mortgage repayment of 80,000 yuan, which was supported by the court. Li was unable to repay the bank's subsequent mortgage loan, and the developer, as the guarantor of joint liability, repaid the loan of 780,000 yuan to the bank on behalf of Li.
Since then, the developer applied for arbitration, demanding that the commercial housing sales contract signed with Li be terminated, and asked Li to pay a penalty of more than 300,000 yuan, and the developer's appeal was supported.
Risk warning:
If one party breaches the contract, the other party will suffer huge economic losses.
Under the purchase restriction policy, buying a house under one's name often becomes an important way for many investors to evade the policy. Celebrities often enjoy it, because they can get benefits without capital contribution, but this kind of transaction has great legal risks for both parties. Guangzhong reminded that in the process of real-name house purchase, because the actual investor is different from the nominal house buyer, once the two sides have differences, it is easy to have disputes, which often leads to major economic losses for both sides. When a celebrity defaults and no longer continues to contribute, the celebrity will bear the liability for breach of contract (including banks and developers). When celebrities breach the contract, do not cooperate with the performance of the commercial housing sales contract or do not agree to sell the property, the borrower will also be unable to obtain the expected income.
Counter-price of seller
One room and two sales pay "double"
2065438+In June 2006, Liu sold his property in Tianhe District to Lei for 2 million yuan. The two sides signed a house sales contract and went through the online signing procedures. Lei paid a deposit of 654.38 million yuan and actively went through the mortgage loan procedures with the bank.
After signing the contract, Liu sold the above-mentioned property to Ding Mou at a price of 2.6 million yuan in June 2065438+2006, and signed a sales contract with Ding Mou. As the real estate involved has been signed online, the Sales Contract signed by Liu and cannot be signed online, and subsequent transactions cannot be carried out.
The buyer Ding Mou applied for arbitration, petitioned to terminate the sales contract, demanded Liu to pay a penalty of RMB 6,543,800+0.5 million, and applied to the court to seal up the property involved. Because Liu didn't want to sell the property involved to Lei again, and the property involved had been sealed up, another buyer, Lei, also applied for arbitration, petitioned to terminate the house sales contract, and asked Liu to refund the paid deposit and compensate the house price difference.
Because the buyer Ding Mohe is the observant party and the seller is the defaulting party, in the end, he not only failed to sell the property to gain income, but also paid Ding a penalty of 6,543,800 yuan+0.5 million yuan and compensated the house price difference loss of 300,000 yuan.
Risk warning:
Property buyers can claim that the difference between one room and two rooms is not worth the loss.
Liu sold the property involved to Ding without canceling the house sales contract with Lei, which constituted a breach of contract. At the same time, Liu's failure to sell the property involved to Ding also constitutes a breach of contract. Guangzhong reminds the public that honoring contracts and keeping promises are the basic principles of the law. When the seller bids against the bid, the buyer has the right to claim the loss of house price difference or liquidated damages, and the seller often loses more than he gains in the end. Especially in the case of one room and two sales, the seller often defaults at both ends and is doubly punished.
The seller who breached the contract on the delivery day paid 225,000 yuan.
In August 1 1, 2065438, A Feng (pseudonym) signed a real estate sales contract with Aunt Hua (pseudonym) to buy a real estate in Tianhe District with a construction area of 60 square meters and a total house price of 1.25 million yuan. On the day of signing the contract, A Feng paid a deposit of 50,000 yuan. 165438+1October 3, the two parties went to the housing management department to handle the house delivery formalities as agreed, and Aunt Hua suddenly changed her mind not to sell the house. 165438+1On October 25th, A Feng found a house with an area of about 69.2 square meters in the same building as Aunt Hua, and bought it for a total price of 6,543,800 yuan. The court of second instance presided over the mediation agreement between the two parties. Besides returning the deposit of 50,000 yuan and compensating the liquidated damages of125,000 yuan, Huaying also paid the difference of the house price of100,000 yuan.
Risk warning:
Sellers' "voluntary default" increased.
Deng Juanrun, president of the Real Estate Court of Guangzhou Intermediate People's Court, said that in recent years, due to large fluctuations in house prices, sellers' "voluntary breach of contract" to terminate sales or "one room and two sales" have increased. "At present, the principle of Guangzhou Intermediate People's Court in handling similar cases is that when calculating the loss of house price difference, the breaching party's liability for breach of contract should be equivalent to the loss suffered by the observant party due to breach of contract, that is, if the house price rises and falls, the breaching party should bear the loss, including not only the direct loss, but also the loss of interest obtained by abiding by the contract, such as the loss of house price difference caused by the rise and fall." Deng Juanzhen said.
* * * There is a house for sale.
After signing the contract, someone will pay 230 thousand liquidated damages if they don't sell it.
Li and his wife Yang have a house in a residential area in Haizhu District. At the end of 20 15, Li and Zhang negotiated to sell the above-mentioned house to Zhang for 2.3 million yuan. Li showed Zhang the real estate license and guarantee (to ensure that the sale of the house involved had been approved by his wife Yang).
On February 2, 20 15, Li and Zhang signed the House Purchase and Sales Contract, which was signed by Li on behalf of his wife Yang. The purchaser Zhang paid a deposit of 200,000 yuan on the same day and applied for a second-hand housing mortgage loan from the bank.
20 16 At the end of February, Li informed Zhang that because of his divorce from Yang, Yang did not agree to sell the house involved and could no longer trade with Zhang. In case of a dispute between the two parties, Zhang applied for arbitration on 20 16, demanding that Li and Yang continue to perform the house sales contract.
Because the house * * * failed to sign a contract and there were obstacles in continuing to perform the house sales contract, Zhang changed the arbitration request and demanded to terminate the house sales contract signed with Li. Li returned the deposit of 200,000 yuan and paid a penalty of 10% of the house price of 230,000 yuan, which was finally supported.
Risk warning:
Ask the seller to provide the spouse's consent authorization.
The sale of second-hand houses should be based on the registration of real estate license as the basis for identifying the owner. The seller shall obtain the consent of the spouse when selling the property registered in the names of both husband and wife. Without the consent of the owner, the other party has no right to dispose of all the houses owned by * * *. Guangzhong reminded that as a property buyer, you should carefully check the ownership registered on the real estate license. When the house is registered in the name of both husband and wife, both husband and wife should be required to sign a contract, or the seller should be required to provide written documents and power of attorney for their spouses to agree to sell the house, of which the power of attorney should preferably be notarized.
Intermediary default
Concealing that the house was seized, the intermediary compensated 654.38 million yuan.
Liu failed to repay the loan principal and interest of more than 2 million yuan, and a house in a residential area in Baiyun District of Guangzhou was seized by the court.
Since then, Liu found a friend Huang who worked in an intermediary agency, told the truth, and hoped that Huang would find a buyer to buy the house involved, hoping to repay the loan at the price of selling the house.
(The above answers were published on 20 17-09-2 1. Please refer to the actual situation for the current purchase policy. )
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