I want to consult a lawyer when I encounter a house sale dispute.
As a senior real estate lawyer with more than ten years' experience, Jin Shuangquan, a real estate lawyer, has handled a lot of real estate disputes and accumulated a lot of experience in handling real estate cases. Now real estate lawyer Jin Shuangquan has adapted these cases into real estate disputes. If it is similar to the dispute you are experiencing, I hope I can help you. This case is a case of vacating a house. Now I have adapted this case into a case form, hoping to help you. (In order to protect the privacy and safety of the parties, all parties in this article use pseudonyms. 1. It was originally told that on 2065438+2005 10, 65438+265438, the plaintiff and the defendant signed a stock house sales contract, and on the same day, the plaintiff signed a supplementary agreement with the defendant's Beijing neighboring real estate company. Agreement: The house sold by the defendant is located at No.627 in a residential area, and the transaction price of the house is10 million yuan. On the same day, the plaintiff will pay the defendant the house purchase deposit of1000000 yuan and 2015165438+071018265438 yuan. The defendant shall deliver the house to the plaintiff on the transfer day. After the signing of the sales contract and supplementary agreement, the plaintiff paid the defendant a deposit of one million yuan and intermediary service fee on the same day. After the payment, Beijing Linjia Real Estate Company, an intermediary agency, arranged for both parties of the original defendant to go through the online signing procedures. The plaintiff immediately prepared the relevant materials as required, but the defendant repeatedly delayed, which made it impossible to go through the online signing procedures. Due to the defendant's reasons, the plaintiff proposed to apply for online signing at the same time, and the plaintiff could immediately pay the purchase price of 4 million yuan when signing online, but the defendant still refused to sign online. The defendant has constituted a breach of contract. Now, in order to protect the legitimate rights and interests of individuals, the plaintiff has appealed to the court, demanding that the defendant continue to perform the house sales contract, and assist the plaintiff to go through the formalities of house online signing and transfer, and deliver the house. The defendant argued that he agreed to continue to perform the contract, and agreed to handle the house property right formalities and deliver the house for the plaintiff, but the plaintiff asked the defendant to sign the house online for 4.5 million yuan instead of the real house sales contract price10 million yuan. The defendant did not agree, and the defendant asked for online signing at the real house transaction price. In order to avoid tax, the plaintiff asked the defendant to sign a contract of yin and yang, and the defendant thought that he would bear legal risks. Do not agree to sign an online contract that violates the law. 2. It was found through trial that:1October 265438+1October 265438+1October 2065438, the plaintiff and the defendant signed a stock house sales contract through the intermediary of a neighboring real estate company in Beijing, stipulating that the house sold by the defendant was located at No.627 in a certain district, and the transaction price of the house was/kloc-0. On the day of signing the contract, the plaintiff paid the defendant a house purchase deposit of1100,000 yuan. The plaintiff paid the defendant four million yuan on 20 15438+0 17, and the plaintiff paid five million yuan on the transfer date of 20 15 12 2 1 February; Party A and Party B shall, within 90 days from the date of signing this Contract, go to the house registration department to handle the ownership transfer procedures of the house; The defendant shall deliver the house to the plaintiff on the transfer day. The sales contract stipulates that the transaction price of the house is10 million yuan, the net price of the house is 4.5 million yuan, and other expenses are 5.5 million yuan. The buyer and the seller agree to conduct the transaction according to the net price of the house. After the signing of the house sales contract and supplementary agreement, the plaintiff paid the defendant a deposit of one million yuan on the day of signing the contract, that is, 20 15 10 2 1. After the payment, the intermediary Beijing Linjia Real Estate Company arranged for both parties to sign the online signing contract, and the plaintiff prepared all relevant materials. The defendant refused to sign the online contract according to the house price specified in the online contract provided by the intermediary company, and the plaintiff failed to pay the defendant the purchase price. In the lawsuit, the plaintiff remitted 4 million yuan to the defendant on 20 15 12 16. Three. The judgment is as follows: 1. Plaintiff Li Linlin and defendant Hu Lijing continued to perform the Beijing Stock House Sales Contract. 2. Plaintiff Li Linlin paid defendant Hu Lijing the remaining purchase price of 5.5 million yuan. 3. Defendant Hu Lijing cooperated with plaintiff Li Linlin to handle the transfer formalities according to the house price of10 million yuan. 4. Reject the plaintiff Li Linlin's other claims. Four. Jin Shuangquan, a senior real estate lawyer, commented that Jin Shuangquan, a senior real estate lawyer, believed that the house sales contract with a house price of10 million yuan signed by the plaintiff and the defendant according to law was the true intention of both parties and was legal and effective. However, the supplementary agreement of net house price of 4.5 million yuan signed by both parties was signed by both parties for tax avoidance, and the house price agreed in the agreement was not the true meaning of both parties. Now the defendant has agreed to fulfill the house sales contract, refused to sign the house online at the price of 4.5 million yuan, and only agreed to go through the transfer formalities online at the price of10 million yuan, which is well-founded in the law.