On the second day of the house, the demolition announcement came, and the seller regretted it ...

On the second day of the household transfer procedures, the government promulgated the collection announcement, and the seller immediately felt that he would regret selling and refused to deliver the house.

Recently, the People's Court of Luanzhou District, Ningbo City, Zhejiang Province tried such a case of disputes over house trading contracts.

In 2021, Aunt Liu, who lived in Soochow Town, Ligong District, Ningbo City, Zhejiang Province, commissioned his friend Xiao Yang to help him find a suitable second -hand house in the old Jiangdong area. Xiao Yang used an intermediary company in Ningbo to find a 55 -square -meter house sold by the landlord Mr. Chen.

Later, Mr. Chen signed a house trading intermediary contract with Aunt Liu and an intermediary company in Ningbo. Aunt Liu paid Mr. Chen with a total of 2 million yuan in the purchase payment. 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.

However, 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 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 replied:

I am older and entrusts Xiao Yang to find a house. Mr. Chen actively sells the house by himself. This transaction is what you want.

Secondly, the news of the house involved in the case is well known in the local area. Even the security guards at the entrance of the community know. How can Mr. Chen be unknown as an owner? Moreover, I have paid the house full amount, the transfer procedures have been completed, and the house sale contract has been fulfilled.

Because the demolition work is still ongoing, whether the house involved in the case is not concluded in the end, Mr. Chen's complaint is violated with integrity.

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

The reason is as follows:

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. At present, the judgment of the case has taken effect, and the house involved has been delivered.

The undertaking judge Zhang Boping introduced:

The plaintiff in this case has changed the contract with the situation.

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 changing the situation in this case is: 1. The news that the house involved in the house involved for a long time spread to the upcoming demolition. 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.

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Article 533 of the "People's Republic of China" stipulates:

After the contract was established, the basic conditions of the contract had a major changes that the parties could not foresee when the contract was concluded and did not belong to the business risk. Continue to perform the contract is obviously unfair to the parties.If the 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: People's Court Newspaper, Ningbo Puzhou Court, Zhejiang Pu Law

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