Knowing that you have to buy a house if you are not qualified to buy a house, the contract can not be fulfilled. Whose "pot"?

A "friend" wants to buy a house, but is not qualified to buy a house. The money was paid, but I didn't want to buy it! Can you retreat? How to retreat? Eat dumb? Can you deal with the court? Xiangzhou Court tells you!

The case reviewed the citizen Li Mou to see a set of commercial housing in Sanxiang, Zhongshan, and was suffering from the qualifications of not buying a house. The employees of the agent seller proposed that they could help apply for fake licenses such as fake divorce certificates and fake households. fee. Due to the eager purchase of the house, Li was agreed, and immediately signed the "Subscribe" with the developer, paid more than 4.34 million yuan in down payment, signed the "Promotion Notice" with the agent seller, and paid a group purchase fee of 100,000 yuan. At the same time, Li also paid an additional 9,000 yuan handling fee to the agent seller's employees. After getting a false certificate, Li Mou was unhappy and did not go to the bank to go through the mortgage procedures. He did not sign the formal "Commodity House Sale Contract" with the developer in accordance with the agreement of the Subscribe. ", Required to cancel the" Subscribeling Book "signed by both parties, and the developers did not agree. Limou sued the developer and agent seller to the court together, requesting the termination of the contract, the refund fee, and paying the liquidated damages. During the trial, the developer argued that Li voluntarily signed the "Subscription Book" when he knew the purchase policy and related risks. According to the agreement, he should continue to sign the "Commodity House Sale Contract". Now the unilateral lifting of the "Subscription Book" shall bear it in accordance with the contract according to the contract. Liability for breach of contract. Developers raised a counterclaim in this regard, asking Li to pay more than 300,000 yuan in liquidated damages. The agent seller argued that it did not charge the plaintiff Li Mou's house purchase fund, and should not bear the responsibility of the refund payment; the "group purchase fee" was a preferential listing service fee. Under his recommendation, Li has reached the "Subscription Book of Subscription Books with the developer ", The service work of the dealer has been completed, and Li has no right to request to return the corresponding fee.

When the developer defense, can you recover if he is unwilling to refund it? How much can you recover? Look at the judges' opinions!

Ask if the "Subscribe" should be lifted? Answer Li Mou's "Subscription Book" signed by the developer has not approved the basic contract provisions such as property delivery and delivery conditions, and the relationship between commercial housing is formed on the case involved in the case. According to the house purchase policy, Li does not have the qualifications to sign the "Commodity Housing Sale Contract" with the developer. Obviously, there will be obstacles to performing the "Subscribe" from the date of conclusion. During the trial, the developer explicitly agreed to lift the "Subscription Book" signed by both parties, and the court confirmed this.

Ask how the liability for the release of "Subscription" is determined? Answer Li knows that the property involved in the purchase of the property in his own name has obstacles in terms of policy, but after knowing that he can use a fake certificate to purchase the case involved in the property, he chooses to sign the "Subscribe Book". On the other hand, the "Subscribeling Book" is a format contract pre -formulated by the developer. The developer has no evidence to prove that when signing the "Subscribeling Book", the purchase policy contained in the "Subscription Book" has made a reasonable prompt and instructions to the buyer. There are also confrontation responsibilities. Both parties shall not be responsible for the "Subscribeling Book" in accordance with their respective contracted faults.

Asked if Li's payment should be returned? In the above determination, the comprehensive consideration of the fault size of the two parties, the cost of paying the contract, and the loss of the contract should be returned to the plaintiff's first payment of the house; The plaintiff refund the group purchase fee. As for the fees, the costs incurred by Li's own fault should be borne by themselves.

Ask how the liability for breach of contract between the two parties should bear it? Answer Li and the developer could not continue to be fulfilled due to their respective contracted faults. Both parties were responsible for the lifting of the "Subscribe", and both parties did not need to pay the other party to the other party.

I understand ... I can recover most of the money! Let me talk to my friends, and also criticize him to try to avoid policies! It shouldn't be! Although the purchase of a house in violation of the house purchase policy does not necessarily cause the contract to be invalid, there is a risk that the contract cannot be fulfilled. The buyer should understand the relevant policies before buying a house. When selling the house, the seller should also clearly grasp the relevant information of the buyer and make a reasonable reminder and explanation of the buyer on the policy issues. Otherwise, the two parties will not be able to perform the corresponding responsibilities of the contract.

Edit: Gui Mingze (Internship) Preliminary Trial: Wang Sheng, Zhou Youman Revised: Wang Biao Material Source: Xiangzhou Court

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