2065438+June 2006, Ahua sold the property for 300,000 yuan, but Zeng Abo later found that the price was too cheap!
The house with a value of1100,000 was sold by my nephew at an ultra-low price of less than 30%, which was seriously lower than the market price.
However, the nephew is self-righteous? Isn't that right? He also said that he only helped my uncle sell the house and confiscated my uncle a penny. This is pure help. Become a nephew because of the house? Sell it cheaply? Once Abreu was unhappy. To this end, Zeng Abo filed a lawsuit in court and took his nephew Ahua to court.
Recently, Xiamen Intermediate People's Court heard the case. Under the court, the two sides held their own words and had a heated debate. Zeng Abo sued that Iowa failed to fulfill the due diligence obligation of the agent? Sell it cheaply? If you buy your own property, you need to compensate for the losses caused by selling the house at a low price. In the face of my uncle's lawsuit, nephew Ahua replied that he performed his agency duties free of charge and properly performed his agency duties within the agency authority, and there was no fault.
During the trial of the case, the court assessed the value of the property according to law. After the appraisal of the property, in the middle of 20 16, that is, when the nephew sells the house as an agent, the total appraisal price of the disputed property is about 1 10,000 yuan.
After hearing the case, the court held that Iowa, as the trustee, should fulfill the necessary duty of care when being entrusted by Zeng Abo to sell the property. However, the price at which Ahua sold the property was more than three times different from the price assessed by the court according to law, and she did not perform the entrusted affairs correctly, resulting in losses to Zeng Aber due to her intentional or gross negligence.
Therefore, the court finally made a judgment to support the plaintiff Zeng Abo's claim. According to the evaluation price made by the evaluation agency, the defendant Ahua should compensate the plaintiff Zeng Abo for more than 700,000 yuan.
The judge said that Article 929 of the Civil Code of People's Republic of China (PRC), which came into effect on June 65438+ 10/this year, clearly stipulated the trustee's liability for damages. It is clearly pointed out that if the paid entrustment contract causes losses to the client due to the fault of the agent, the client may demand compensation for the losses. If the gratuitous entrustment contract causes losses to the principal due to the intentional or gross negligence of the agent, the principal may demand compensation for the losses. If the agent exceeds his authority and causes losses to the principal, he shall compensate for the losses.