Case:
Ms. Chen took a fancy to a commercial house for her son in a large real estate and paid 5000 yuan in her son's name. Since her son was working in a foreign country and could not provide an ID card, the salesman directly asked Ms. Chen to sign the subscription agreement in the name of her son, and then paid a deposit of 20,000 yuan and signed the subscription agreement. However, Ms. Chen's son raised an objection after knowing that her mother bought her a house, and went to the sales department with her to negotiate the check-out. But as we all know, usually as long as the commercial housing subscription agreement is signed, if the buyer reneges, the deposit will not be refunded. Therefore, the developer rejected Ms. Chen and her mother's request for a refund of the deposit and subscription.
Ms. Chen's son said that she had been working in Shanghai, and she didn't know her mother's behavior of buying him a house until she returned home. He himself hopes to develop in Shanghai for a long time and buy a house in Shanghai. Mr. Guo thinks: 1, mother didn't get her authorization before buying a house; In order to facilitate the transaction, the salesman signed a commercial housing subscription agreement with his mother in a hurry when her mother could not provide a copy of her ID card. Therefore, the agreement between the two parties is invalid, and the developer should return the deposit paid by the mother of 20,000 yuan and the subscription amount of 5,000 yuan. Is this appeal legal?
Buying a house for an adult child requires a power of attorney.
Developers are generally allowed to book houses on their behalf. Prudent property will be required to submit a copy of the buyer, and non-buyers will be required to sign at the subscription agency. Some salespeople are eager to make a deal and will make a decision with incomplete information. In fact, the developer's approach is flawed.
According to the law, adults must provide a power of attorney signed by themselves when buying a house, and the buying and selling behavior and agreement are valid. That is to say, according to the formal process, when the developer finds that the buyer is inconsistent with the reservation person, he must do the following: 1 If they book the house on behalf of adult children or relatives, they need to provide the power of attorney, the client and a copy of the client's ID card. If you buy a house in the name of a minor child, you do not need to provide a power of attorney. 2. Even if the customer can't provide a copy of the customer's ID card at the moment of booking the house, then the salesperson should ratify his purchase behavior and ask him to provide a power of attorney. 3. The developer can directly write the name of the client when signing the subscription agreement, and then change its name when signing the sales contract.
Therefore, in the previous case, if Ms. Liu's son is not yet an adult, then the behavior of parents buying houses on their behalf is an effective behavior. However, since Mr. Guo is an adult, parents can't sign the subscription agreement and pay the deposit without authorization. This subscription agreement is invalid, and the developer should return the paid house price of 20,000 yuan and the subscription price of 5,000 yuan.