According to Article 6 of the Provisions of the Supreme People's Court on the Seizure, Seizure and Freezing of Property in Civil Execution by People's Courts, the people's court may seal up the residential houses necessary for the life of the person subjected to execution and his dependents, but shall not auction, sell off or pay off debts.
Article 7 After ensuring the minimum living standard of the person subjected to execution and his dependent family members, the people's court may, upon the application of the person subjected to execution, execute the houses and daily necessities that are beyond the necessities of life of the person subjected to execution and his dependent family members.
Extended data case playback
Huo Mou and Dai Mou respectively signed an intermediary service contract with an intermediary company in May 20 13, stipulating that the intermediary company would provide intermediary services for Huo Mou to purchase Dai Mou's house in Yongle Community, Shijingshan District.
Huo and Dai signed the Beijing Stock House Purchase and Sales Contract and the Supplementary Agreement on House Purchase and Sales, and Huo paid Dai the deposit on the same day.
However, after the contract was signed, Dai did not handle the mortgage cancellation procedures of the houses involved. In July of the same year, Huo and Dai signed a supplementary agreement with the intermediary company to stipulate the mortgage cancellation period and delivery period of the house involved. Hou Huo learned that the house involved had been sealed up by the court before the signing of the sales contract, and the house sales contract could not be continued, so he appealed to the court on the grounds of the dispute over the intermediary service contract.
Case explanation
If Mr. Huo sues Mr. Dai on the grounds of contract disputes, since Mr. Dai's house is sealed up and cannot be transferred, and the house sales contract cannot be performed, according to Article 89 of the Guarantee Law and Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, Mr. Dai should double the purchase deposit.
If the intermediary service contract dispute is used as a reason to sue the intermediary company, whether the intermediary company has the responsibility to compensate Mr. Huo for the loss of buying a house can not only depend on the terms of the intermediary service contract signed by both parties. Article 424 of the Contract Law clearly stipulates that intermediaries have the legal obligation to report truthfully. In the process of real estate agency, the premise of truthful reporting is that the agency has a thorough understanding and understanding of the matters related to the conclusion of the contract, which is also the guarantee for the agency to effectively facilitate the transaction.
In addition, the relevant provisions of the contract law also clarify the collateral obligations of the parties such as notification, assistance and confidentiality. Therefore, in addition to fulfilling the obligation to report truthfully, brokers should also be diligent, loyal and professional according to the nature, purpose, trading habits, public order and good customs of the contract, and conduct necessary professional examination on all kinds of information provided by the clients to ensure the authenticity of the information provided.
Real estate intermediary companies should be responsible for the goodwill of customers and enterprises, and carefully verify the transaction information such as housing property rights involved. However, the company's failure to inquire and verify the relevant property rights of the houses involved in the case in time should be attributed to its failure to fully and properly perform its intermediary service obligations, so it should bear corresponding responsibilities.
Baidu Encyclopedia-"Provisions of the Supreme People's Court on Sealing-up, Seizure and Freezing in Civil Execution of People's Courts"
People's Network-Who will bear the losses caused by the court's seizure of houses?