-This article is reproduced from Anzhu Real Estate Lawyer Network.
Case introduction:
On 201118, Zhang Ming and Kang signed the Beijing House Purchase and Sales Contract and Supplementary Agreement through an intermediary company, and Kang is scheduled to sell the house in Chaoyang District, Beijing with the number 120 1 to Zhang Ming, with a total price of 6.25 million yuan. Article 6 of Beijing House Purchase and Sales Contract stipulates that "the seller shall deliver the house to the buyer after receiving all the house payment". Paragraph 4 of Article 3 of the Supplementary Agreement stipulates: "If one party delays handling the above matters for more than 30 days, the compensation standard in Article 4 of this Supplementary Agreement shall apply." Paragraph 4 of the agreement stipulates that the seller shall pay the buyer a penalty of 20% of the total house price within 30 days after the breach of contract. If the buyer continues to pay the living expenses, the seller shall pay it to the buyer.
20 1 1, 1, and Zhang Ming pays the room fee160,000 yuan.
On February 25th, 20 1 1,, Zhang Ming and Kang reached an agreement to purchase the house involved, so the three parties stipulated in the supplementary agreement that the buyer of the house was Wang Qi, and all the legal documents signed were recognized. All the rights and obligations agreed between the house owners Kang and Zhang Ming and the intermediary are transferred to Dongming.
From February 28th, 20 1 1 year to June 28th, 20 12, 14 year, Wang Qi and Zhang Ming paid 6.25 million yuan in installments through Linlin. 20 12 10 14, suing for transferring the house to the name of Wang Qi. On February 4th, 20 12, Kang sent a copy of ID card, house key, authorization statement and other documents by express mail to, saying that it was impossible to hand over the house in Beijing from other places, and handed over the house key to entrust him with full authority to handle the things left in the house. As a result, Wang Qi found a tenant in the house and called the police. Later, Kang returned to Beijing to handle the matter, and Wang Qicai learned that the house was rented by Kang's ex-husband Zhu Gang. And the house was purchased by Kang before marriage, and the ownership certificate was obtained after marriage. Therefore, Zhang Ming, Zhu Gang and Kang Dacheng reached an agreement. As the sales price of the house is lower than the actual market price, Zhang Ming and Zhu Gang paid 1 ten thousand yuan as compensation.
On August 9, 20 14, Kang and Zhu Gang were sued to the People's Court of Chaoyang District, Beijing. Appeal to the court to order Kang to pay liquidated damages, compensation for intermediary service fees and other related expenses.
Test results:
Beijing Chaoyang District People's Court ruled after trial:
All Wang Qi's claims were rejected.
Legal analysis of real estate lawyer Jin Shuangquan;
Lawyer Jin Shuangquan believes that the house sales contract and related supplementary agreement signed by both parties are the true intention of both parties, and do not violate the mandatory provisions of laws and administrative regulations, and are legal and effective. Wang Qi enjoys the right to sign relevant agreements and contracts after accepting the rights and obligations of the original purchaser Zhang Ming. According to the agreement, the seller shall deliver the house to the buyer after receiving the full amount, but the two parties have not made any relevant agreement on when to deliver the house, and both parties shall perform it within a reasonable time according to the principle of good faith in Article 6 of the Contract Law. In actual performance, the buyer paid off the purchase price agreed in the sales contract on 20 12 14, and claimed that the house was transferred to the buyer's name on the same day. On February 4th, 20th/kloc-0th/2nd, Houkang mailed the relevant materials to and entrusted it to handle the items left in the house, which was delayed.
On February 8th, 20 12, we found that there were tenants in the house, and then we negotiated with Zhu Gang and Kang. After negotiation, both parties signed an agreement, stipulating that the buyer would increase the purchase price by 6,543,800 yuan, and Wang Qi would take over the house on the same day. In Article 6 of the Agreement, both parties agreed that after the performance of this Agreement, there would be no disputes between the four parties on the sale of houses. According to the trading habits and common sense of life, the two parties made a clear agreement, indicating that the house sales contract between the two parties has been fully fulfilled, and all related matters, including the responsibility of delaying the delivery of the house, have been resolved through consultation. Now Wang Qi sued the seller for delaying the delivery of the house, which violated the agreement between the two parties. Wang Qi failed to prove fraud and coercion when signing the agreement. As a person with full capacity, he should bear the legal consequences stipulated in the agreement, so the court failed to support his claim.