Olympic champion Buying & # 39; home from Zi was broken, and was awarded 1.6 million yuan.
Due to delays in the purchase of the house, the real estate license has not been filed. The court ordered the seller to refund the deposit & # 39; 700,000 and compensate 1.6 million yuan.
Before marriage, I wanted to buy a room & # 39; wedding. Then, the other party was not allowed & # 39; real estate which led to the transfer of its own house. Yesterday morning, the Court & # 39; Beijing Chaoyang pronounced the case and ordered both parties to cancel the purchase contract. The seller refunded the deposit & # 39; And 700,000 yuan compensation for the difference & # 39; 1.6 million yuan.
According to the agent & # 39; He Zi, f & # 39; in January 2016, He Zi and Ms. Luo signed a "contract & # 39; sales" for a home in Laiguangying Township, Chaoyang District, Beijing. The contract stipulates: Ms Luo sold the house in question to He Zi at a cost of & # 39; 8.25 million yuan, and He Zi had to pay deposit & # 39; 700,000 yuan. At the same time, the agreement also stated that the house involved in the case has not yet achieved the certificate & # 39; & # 39 property; dar.Il estimated time of & # 39; acquisition is April 2016. The specific time depending on the current management of the development and construction unit. Under the contract, the buyer and the transferee shall register the transfer of ownership.
He Zifang said after the contract was signed, it has fulfilled its contractual obligations as & # 39; comprehensively and appropriately, Ms. Luo and ordered to pay a deposit of & # 39; 700,000 yuan. At the same time, He Zi also sold a house in the Community & # 39; & # 39 in Apple; BAIZ Bay to prepare to pay subsequent housing. However, in communication with & # 39; Ms. Luo several times since then, the other party has always stated that the certificate of ownership is in the process of handling. He therefore appealed to the seller, Ms. Luo, the court asked the other party to refund the deposit and compensate for economic losses.
Before the prosecution, Ms. Luo, a vendor, said she bought the houses involved in & # 39; in this case through & # 39; bank loans through the sale of & # 39; normal commercial houses in & # 39; August 2012. On 24 & # 39; December 2013, the developer involved led him home. Under the format clause of the "Contract & # 39; Beijing Commercial Housing presale" issued by the developer, the real estate certificate involved should be achieved within 1278 days after the delivery of the house. Registration of property rights can & # 39; completed prior month. "
Ms. Luo said she is meeting with & # 39; actively contract after having signed the "contract of sale" with & # 39; He Zi. F & # 39; May 2016, it established the loans for housing bank involved in & # 39; in this case. During the incident, the developer informed orally to the CCB that the information entered by the computer was inconsistent with the information submitted by itself, and was told that the registration of property rights in household involved with could be treated. Ms. Luo said that the incident occurred in the performance of the contract could not be checked in advance. She said she is willing to refund the deposit, but not agree to compensate for the difference.
Yesterday morning, the Chaoyang court pronounced the case publicly. The court found through & # 39; proof that the reason why the house in question could not apply for a certificate was given to Ms. Luo had no qualification to buy a home.
The court ruled that while the implementation of the "contract of sale" involved, Ms. Luo was unable to obtain the certificate of real estate certificate due to its own reasons, and this Prevent the "contract of sales "between the two parties continue to perform. The defense argues that the "contract of sale" can not perform unforeseen circumstances which are subjective and uncontrollable. However, in addition to court review, Ms. Luo had no qualification to buy a home in & # 39; Beijing when it purchased the house in question in 2012, and therefore constituted a breach of contract. Finally, the court ruled that both parties have canceled the "Stock & # 39; Beijing and Housing Sales Contract" signed on 9 & # 39; January 2016 and Ms Luo repaid 700 million yuan of Hezi Ding and offset the difference & # 39; 1.6 million yuan. Text / reporter Feng Lingyu