Olympic champion, He Zi's purchase of a house has been violated, and he gets 1.6 million yuan.
Because of the delay in buying a house, a real estate license is not submitted, the Court orders the seller to return a 700,000 deposit and compensate 1.6 million yuan.
Before marriage, I wanted to buy a marriage room, unexpectedly, the other party did not have a real estate license, which led to the transfer of his own house, Olympic Champion He Zi would sell Luo's homeowner to court and ask others to return the deposit and compensate for economic losses . Yesterday morning, the Beijing Chaoyang Court publicly announced the case and ordered the two parties to cancel the purchase contract. The provider returned a 700,000 yuan deposit and compensated for the difference of 1.6 million yuan.
According to He Zi agents, in January 2016, He Zi and Luo signed a "sales contract" for a house in Laiguangying Township, Chaoyang District, Beijing. The contract regulates: Ms. Luo sold the house to He Zi for 8.25 million yuan, and He Zi had to pay a deposit of 700,000 yuan. At the same time, the contract also stated that the house involved in this case had not obtained a home ownership certificate. Estimated time of acquisition is April 2016. Specific time depends on the actual handling of the construction and construction unit After the house has obtained a home ownership certificate, the seller According to the contract, the buyer and the recipient will register the ownership transfer.
He Zifang said that after the contract was signed, he fulfilled his contractual obligations comprehensively and appropriately, and ordered Luo to pay a deposit of 700,000 yuan. At the same time, He Zi also sold a house in the Apple Community at Baizi Bay to prepare for the next housing payment. However, in communication with Ms. Luo many times since then, the other party has always claimed that the certificate of ownership is in the process of being handled. In the end, it is clear that he cannot obtain a certificate of home ownership for personal reasons, which can lead to an inability to handle the transfer of home ownership. Because of this, He Zi appealed to the seller, Luo, to court and asked the other party to return the deposit and compensate him for economic losses.
In the face of prosecution, Luo, a seller, said that he bought houses involved in this case through bank loans through the sale of normal commercial housing in August 2012. On December 24, 2013, the developer sent a house involved to him according to the format clause "Contract Presale Housing Commercial Beijing "issued by the developer, the certificate of ownership of the property involved must be obtained in 1278 days after delivery of the house. "So I think 2016 3 Registration of property rights can be completed before the month."
Luo said that he had actively fulfilled the contract after signing a "sales contract" with He Zi. In January 2016, he repaid the loan for the housing bank involved in the case. In March of the same year, he submitted an application to the developer to submit a request to transfer the ownership of the house. During an accident, the developer verbally notifies the CCB that the information entered by the computer is inconsistent with the information sent by itself, and is told that the registration of home ownership rights involved cannot be handled. Luo said that the accidents that occurred in the performance of the contract could not be controlled beforehand. He said that he was willing to return the deposit, but did not agree to compensate for the difference.
Yesterday morning, the Chaoyang court publicly announced the case. The court found out through the trial that the reason why the house involved could not submit a certificate was because Luo did not have the qualifications to buy a house.
The court stated that during the implementation of the "sales contract" involved, Luo could not obtain a residential real estate certificate for his own reasons, which prevented a "sales contract" between the two parties from continuing to do, which led to the ensuing dispute. Defenders argue that "sales contracts" cannot carry out unexpected conditions that are not subjective and uncontrollable. However, in relation to court review, Ms. Luo did not have the qualifications to buy a house in Beijing when he bought the house in 2012, so this was a breach of contract. In the end, the court ruled that both parties canceled the "Beijing Stock Housing Sale Contract" signed on January 9, 2016, and Luo returned 700,000 yuan from Hezi Ding and changed the difference to 1.6 million yuan. Text / reporter Feng Lingyu