First, the hukou problem.
In order to send his daughter to a key middle school in Zhongguancun, Mr. Liu bought an 80-square-meter house of Mr. Jiang in the school district for 5 million yuan. The two parties agreed in the sales contract that Mr. Jiang should move out of the original account within 30 days after the transfer of the house, and pay a penalty of 0.5 ‰ of the total house price every day. Later, Mr. Liu paid all the purchase price and transferred the house to his own name, but Mr. Jiang did not move out of the house on schedule, and Mr. Liu also delayed his daughter's time to attend a key middle school because his hukou did not move into the house. After repeated communication failed, Mr. Liu sued Mr. Jiang to the court, demanding that Mr. Jiang move out of the house and pay a penalty of five ten thousandths of the total house price on a daily basis. Mr. Jiang argued that he had actively cooperated with the household registration, but the new house had not yet come down and he could not move out of the household registration on schedule. He hopes that the court will reduce the liquidated damages. After hearing the case, the court held that Mr. Jiang did not move out of his household registration according to the contract, which was a clear violation of the contract and should pay liquidated damages. In view of the fact that the standard of liquidated damages for both parties is obviously too high, and Mr. Jiang requested the court to reduce it as appropriate, the court finally decided that Mr. Jiang should pay 6.5438+0.5 million yuan as liquidated damages according to the specific circumstances of this case.
The judge suggested:
According to Article 1 14 of the Contract Law, the parties may agree that one party shall pay a certain amount of liquidated damages to the other party in case of breach of contract, or agree on the calculation method of the amount of damages for breach of contract. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to reduce them appropriately. Since the implementation of the school district housing policy in Beijing, many parents have spent a lot of money to buy school district housing in order to let their children go to prestigious schools. However, most of these houses are registered in houses, which affects the household registration and actual use of buyers. Some property buyers agreed in the sales contract to move out of the account within a time limit, but did not agree on the liability for breach of contract for overdue move out; Some people agreed in the contract to move out of the account within a time limit, and also agreed on the liability for breach of contract for overdue move out. For the former, it is often difficult to get the support of the court because of the unclear liability for breach of contract; For the latter, although a high amount of liquidated damages is agreed, the amount of liquidated damages will be determined according to the specific circumstances when the court decides. No matter what form, the purpose of the buyer's lawsuit to the court is to move out of the original household registration. However, according to China's current household registration management policy, the jurisdiction of household registration is the police station, not the court, and the court has no right to order the forced removal of the household registration. So it is difficult to solve the buyer's problem. And buyers often have paid the house payment, and even completed the house transfer procedures, and such disputes are increasing. In this case, the judge suggested that, on the one hand, the buyer can stipulate in the sales contract that the account will be moved out as a condition for paying all or the purchase price; On the other hand, he should inquire about the existing household registration in the house in advance and take the household registration as one of the factors to decide whether to buy a house, so as to make a rational judgment on whether to buy a house.
Second, the housing problem.
Xiao Liu worked hard in Beijing for many years and finally saved enough money to buy a house. 2065438+In March 2004, Xiao Liu signed a house sales contract with Ms. Ma, stipulating that Xiao Liu would buy Ms. Ma's house at a price of 3.8 million yuan. Later, Xiao Liu paid Ms. Ma 500,000 yuan in advance, and remitted the rest to an account named Zhang Jia twice. Unexpectedly, after Xiao Liu remitted the money, Ms. Ma refused to handle the house transfer formalities with Xiao Liu on the grounds that Xiao Liu had not paid the house. Xiao Liu said that the remaining house payment was remitted to Zhang Jia account according to Ms. Ma's request, but Ms. Ma denied it. Xiao Liu did not submit relevant evidence to prove that Ms. Ma instructed her to remit the relevant funds to her account in Zhang Jia, and the collection account number listed by both parties in the contract was not Zhang Jia. Now the case is under further investigation.
The judge suggested:
Article 64 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the parties shall provide evidence in time for their claims. Article 2 of the Provisions of the People's Court on Evidence in Civil Proceedings stipulates that the parties have the responsibility to provide evidence to prove the facts they claim or refute the facts claimed by the other party. If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences. In market transactions, many buyers do not form the habit of signing written agreements on important matters to confirm and retain evidence because of their inexperience, carelessness, distrust of each other or lack of legal knowledge, and often listen to oral agreements. Once the other party goes back on its word, it will bring great losses if it can't produce conclusive evidence. Especially for similar large-value housing transactions, buyers and sellers should clearly agree on key issues in the form of written contracts, which should be signed and sealed by both parties for confirmation. For the changes in the performance of the contract, a supplementary agreement should be signed to clarify them. Similar to the payment to others in this case, the seller must keep the written, audio and video, SMS, email and other relevant evidence that the seller entrusts others to collect money.
Third, the issue of delivery.
In August of 20 13, Mr. Zhang purchased a property of Mr. Chen located in Zhichun Road. After that, Mr. Zhang paid the purchase price as agreed, and Mr. Chen also cooperated with Mr. Zhang to handle the house transfer procedures. Just as Mr. Zhang was happily preparing to move into the new house, he found that the house had already been rented by Mr. Chen to others, and the lease period expired at 20 16 1. So Mr. Zhang sued the lessee and Mr. Chen to the court, asking the lessee to move out within a time limit, and Mr. Chen delivered the house. Now the case is under further investigation.
The judge suggested:
Article 229 of the Contract Law stipulates that during the lease period, if the ownership of the leased property changes, the validity of the lease contract will not be affected. Article 1 19 of People's Opinions stipulates that if the property right of a private house is transferred due to sale, gift or inheritance during the lease period, the original contract needs to take effect for the lessee and the new owner. The above-mentioned business does not break the lease principle, that is, even if the owner gives the lease item to others during the lease relationship, it will not affect the lease relationship, and the buyer cannot deny the existence of the original lease relationship and ask the lessee to return the lease item on the grounds that he has become the owner of the lease item. In the sale of second-hand houses, buyers should fully understand the actual use of houses and conduct on-site investigations in time; At the same time, it can be clearly stipulated in the sales contract that in the process of contract performance, if the seller conceals the information that the house has been rented or intentionally rents the house to others, it shall pay a certain amount of liquidated damages to increase the seller's default cost.
Fourth, the "haunted house" problem.
Ms. Zhang claimed that at the beginning of March 20 13, with the intermediary service of an intermediary company, Ms. Zhang spent 3 million yuan to buy a house owned by Ms. Liu in Sijiqing, Haidian District, this city. When signing the contract, an intermediary company and Ms. Liu agreed that no one had lived in the house before and nothing happened. Later, Ms. Zhang's family lived in the house. Unexpectedly, after checking in, Ms. Zhang had nightmares every night. In a casual chat with a neighbor, Ms. Zhang learned that Ms. Liu's husband hanged himself in the house. Ms. Zhang sued Ms. Liu to the court, demanding the termination of the house sales contract and demanding that Ms. Liu compensate for the decoration.
After hearing the case, the court held that both buyers and sellers should abide by the principle of good faith and the seller should truthfully disclose the actual situation of the house. Although the time of abnormal death in the house does not objectively affect the actual use value of the house, it will affect the psychological feelings of the purchaser, including fear and taboo, thus reducing the transaction value of the house and forming a major flaw in the house, which is a major issue affecting the conclusion of the house sales contract. Ms. Liu deliberately concealed the murder in the house, which violated the principle of good faith. The signing of the contract by both parties also violates the true meaning of the parties and constitutes fraud. The court ruled in favor of Ms. Zhang's claim.
The judge suggested:
Article 54 of the Contract Law stipulates that one party has the right to request a people's court or an arbitration institution to modify or terminate the following contracts: (1) a contract concluded due to a major misunderstanding; (2) obviously unfair at the time of conclusion of the contract. If one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it. In actual transactions, most buyers and sellers don't know each other, and some dishonest sellers avoid talking about the problems that have happened in the house, which is in a state of unequal information for buyers. In this case, on the one hand, property buyers can stipulate supplementary clauses in the sales contract and stipulate the liability for breach of contract on the "haunted house" issue; On the other hand, before signing the contract, we should learn about the housing situation through neighborhood committees, police stations, neighbors, community forums and other ways to avoid buying "haunted houses" by mistake.
(The above answers were published on 20 15-08- 10. Please refer to the current actual purchase policy. )
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