Brief introduction of case
On May 20th, 20 14, the owner Mr. Wu and Mr. Liao signed a house purchase and sales agreement. Both parties agreed that Mr. Wu would sell all his houses to Mr. Liao at a price of 650,000 yuan. Mr. Liao paid 200,000 yuan in advance on the day when the agreement was signed, and the remaining 450,000 yuan was paid in one lump sum when the house was delivered on June 10 of the same year. At the same time, Mr. Wu promised to assist Mr. Liao in handling the house transfer formalities within 5 days of the full payment/kloc-0.
After the agreement was signed, Mr. Liao paid off all the house payment as agreed, and Mr. Wu also delivered the house to Mr. Liao. Just as Mr. Liao was happily decorating the house, Mr. Wu felt that the house was sold cheaply and refused to assist Mr. Liao in handling the transfer procedures and asked for the return of the house. Mr. Liao certainly disagrees. He thought he had paid the full amount and began to decorate. Now that Mr. Wu has gone back on his word for no reason, it really doesn't make sense He asked Mr. Wu to transfer the house to his own name as agreed. Mr. Wu believes that the house was his own before the transfer and now he doesn't want to sell it. Of course, he doesn't have to assist Mr. Liao in the transfer formalities. In desperation, Mr. Liao came to the law firm to seek legal advice from professional lawyers.
Lawyer's statement
The professional lawyer of the law firm told Mr. Liao that according to the relevant provisions of the Contract Law, a legally established contract is protected by law and is legally binding on the parties. The parties concerned shall follow the principle of good faith and fully perform their obligations as agreed, including incidental obligations such as notification and assistance.
The Property Law also stipulates: "A contract between the parties concerning the establishment, alteration, transfer and extinction of the real right of immovable property shall come into effect upon the establishment of the contract, except as otherwise provided by law or the contract; Failure to register property rights does not affect the validity of the contract. "
In this case, the house sale agreement signed by Mr. Wu and Mr. Liao is the true intention of both parties. According to the aforementioned laws and regulations, the house purchase and sale agreement shall take effect as of the date of establishment; Failure to go through the registration formalities of property right transfer does not affect the validity of the contract. Therefore, the house purchase and sale agreement involved is legal and valid, binding on both buyers and sellers, and should continue to be performed.
As the house purchase and sales agreement signed by Mr. Wu and Mr. Liao is legal and effective, and has been actually performed, Mr. Wu and Mr. Liao, as the parties to this contract, will be bound by this contract. Both parties shall abide by the principle of good faith and fully perform their contractual obligations as agreed. Now Mr. Wu refuses to assist Mr. Liao in handling the house transfer, which is a breach of contract and should bear corresponding legal responsibilities. Mr. Liao can safeguard his legitimate rights and interests through legal means.
Of course, here, the lawyer reminds that a legally established contract is legally binding on the parties to the contract. Either party should fully perform its obligations in accordance with the contract, otherwise it will bear corresponding legal responsibilities.