The house was sold the next day, and the demolition announcement came!The man cried and said a loss of 1 million overnight

On the second day of the household transfer formalities, the government promulgated the collection announcement. The seller immediately felt that he had lost money, wanted to regret it, and refused to deliver the house.

Recently, the Zhejiang Ningbo Lizhou Court tried such a case of disputes over house trading contracts.

The house was sold the second day, and the demolition announcement came

The original homeowner sued buyers and intermediaries

In 2021, Aunt Liu, who lives in Soochow Town, Ningbo, commissioned his friend Xiao Yang to help him find a suitable second -hand house in the old Jiangdong location. Xiao Yang learned a set of 55 square meters of houses sold by Mr. Chen through an intermediary company in Ningbo.

Later, Mr. Chen signed a house trading intermediary contract with Aunt Liu and an intermediary company in Ningbo. Aunt Liu paid Mr. Chen's total purchase of 2 million yuan to Mr. Chen. A few days later, Aunt Liu and Mr. Chen signed a house trading contract. On the same day, the two parties went through the house transfer procedures and agreed to deliver the house the next day.

Just the next day, the People's Government of the Lizhou District of Ningbo issued an announcement that the house that Mr. Chen had just sold was within the scope of the collection.

Mr. Chen immediately contacted Aunt Liu and Xiao Yang, who learned about this. After the transaction was unsuccessful, Mr. Chen not only refused to deliver the house, but also sued Aunt Liu and an intermediary company in Ningbo to the Lizhou Court, and also List Xiao Yang as a third party and requested the order: Lift the house trading intermediary contract and house sale contract.

During the trial, Mr. Chen cried: The day after the sale of my house, the demolition announcement was promulgated. According to the demolition policy, my original house could replace a set of demolition and resettlement houses above 90 square meters, even if you press 30,000/㎡ According to calculations, my loss is also more than 1 million yuan. The two defendants told that they were going to demolish, but I deliberately concealed. I asked for a house sale contract in accordance with the principle of situation changes.

Aunt Liu said that she was old and entrusted Xiao Yang to find a house. Mr. Chen actively sold the house by herself. This transaction is your love.

She also said that the news of the house involved in the case was well known in the local area. Even the security guards at the entrance of the community knew that Mr. Chen did not know as an owner? Moreover, she has paid the full house money, the transfer procedures have also been completed, and the house sale contract has been fulfilled.

The court rejected the plaintiff's entire litigation request

After the trial, the Lizhou Court decided that the plaintiff Mr. Chen's claim was rejected in accordance with the law.

The court believes that the house trading contract between the plaintiff and the two defendants, the house trading contract between the plaintiff and the defendant Liu was established and took effect.

Mr. Chen and Aunt Liu's agreement on the price, transfer and delivery time of the house involved in the case are all from the true will of the two parties. On the day of signing the contract of the house, the transfer procedure is Mr. Chen's claim, not Liu's own, not Liu The request of Aunt and Xiao Yang.

After visiting the community where the house involved in the case was located on the spot, the judge learned that the area had been circulating for a long time. Mr. Chen was listed on a number of intermediary companies to sell houses, and he should understand the basic situation of the house in order to finally determine the price of the house. Therefore, Mr. Chen should have a certain predictability for the house involved in the case, and incorporate the factors within the scope of the price of pricing, and the final transaction price was not lower than the normal market price of the community at that time.

Aunt Liu has paid the contract for the contract agreed in full, and the house transfer procedures have been completed. Mr. Chen cannot prove that continuing to deliver the house will have a significant unfair effects. Therefore, Mr. Chen advocated the termination of the contract in accordance with the principle of situation changes, and the court did not support it.

The second trial of the case maintained the original judgment, and the judgment has taken effect, and the house involved in the case has been delivered.

Judge: The principle of changes in the situation cannot be applied in this case

Zhang Boping, the undertaking judge of this case, said that the plaintiff in this case has changed the contract with the situation on the situation, but the principle of changes in the situation cannot be applied in this case.

The principle of situation change means that after the contract is valid, the basis of the parties cannot be attributed to the parties (the unpredictable things of the parties), resulting in the basics of the contract shake or lose. The purpose of the contract should be allowed to change the content of the contract or terminate the contract. The principle of changes in the situation has changed dramatically that the foundation established in the contract, resulting in the continued performance of the failure, which will be significantly favorable, the other party is obviously damaged, and the interests of the two parties will only apply when the interests of both parties are seriously imbalanced.

The reason for the principle of changes in the situation in this case is:

I. The news that the house involved in the house is about to be demolished for a long time. The plaintiff is listed in a number of intermediary agencies in order to sell the house. It should understand the basic situation of the house that is about to face the house, and the factors are included in the scope of the price of pricing. Essence

Second, the principle of situation changes only considers whether the "continuing to perform the contract" is failed to be fair. The house trading contracts of the two parties in this case have completed the full payment and transfer procedures, and the defendant's contract obligation has been fulfilled. The plaintiff's contract purpose of signing the contract of the house sale and selling contract has been realized, so there is no situation of continuing to perform the contract.

Correlation

Article 533 of the "People's Republic of China" stipulates that after the contract is established, the basic conditions of the contract have undergone major changes that the parties cannot foresee when the contract is concluded and does not belong to the business risk. Continue to fulfill the contract.Fair, the parties that are affected by unfavorable affairs can re -negotiate with the other party; if negotiation cannot be negotiated within a reasonable period, the parties may ask the people's court or arbitration agency to change or terminate the contract.Source: Metropolis Express (ID: dskbdskb)

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