The husband was destroyed after selling the house without authorization. The husband and wife both defendant. Will the wife be responsible?Judge

Originally a property shared by the two husbands and wives,

The husband is unaware of his wife

Sell ​​the property to others without authorization,

After selling the house, I regret not cooperating with the transfer,

The couple

The buyer was sued in the court to return to the purchase of the house,

And pay a liquidated damage.

Whether the court supports buyers' demands,

Do you want to bear the liability for breach of contract together?

Please see this case!

The case regretted the house after selling the house without authorization.

Li and Huang of Renhua County, Shaoguan City, Guangdong Province are a couple. In mid -December 2019, Li Moumou and Li signed the "House Sale Contract".

The contract stipulates: Li Moumou purchased Li Mou and Huang in a local community involved in the case, with a total price of 525,000 yuan;

Li Moumou paid the first payment of 375,000 yuan to allow the Li and his wife to pay off the mortgage owed to the bank.

For example, if the couple breach the contract midway, they must return the payment of the house and plus 30%of the total purchase of the house for compensation.

On the day of the contract signing, Li Moumou paid the down payment to Li according to the contract, but Li did not go to the bank to pay off the bank loan involved in the house in accordance with the contract.

Li Moumou sued Li Mou and Huang to the court together to request: the contract signed by the two parties, the second defendant returned to the first payment of 375,000 yuan and paid 157,500 yuan.

After investigation, the house involved was registered under the name of Li and Huang, and was shared by the two of them. During the trial, Li Moumou confirmed that Huang did not sign and seal on the contract involved in the case.

Court decision

Husband repay the down payment and liquidated damages alone

The court trial believes that the case involved in the case is the true meaning of the plaintiff Li Moumou and the defendant Li Mou, and the contract is legal binding on the two.

However, the houses involved in the case were co -owned by the two husbands and wives of Huang. Huang did not sign and seal on the contract involved in the case, and did not recognize it. Huang knew and received or used the down payment paid by his payment.

To this end, the verdict lifted the contract signed by the plaintiff Li Moumou and the defendant Li Mou, Li Mou repaid the plaintiff's down payment of 375,000 yuan and a liquidated damage of 157,500 yuan.

After the sentence was pronounced, neither side appealed.

Judge remind

Buyers should pay attention to reviewing the ownership of the house

Husbands and wives have real estate is an important part of family property, and it is also a common trading standard in the real estate trading market.

Due to the special identity relationship of such real estate sellers, the buyers can easily ignore the cautious review of the seller's trading qualification during the transaction, thereby buried the hidden danger for the dispute; once the dispute occurs, it will not only cause the buyer to suffer, but the householder will suffer. It also affects the order of normal real estate trading market.

In this case, the husband sold the husband and wife for sale without authorization without the consent of his wife, which is obviously no right to punish, but the buyer belongs to the goodwill and paid a reasonable price. Liability for breach of contract. The results of this case not only protect the contract rights and interests of goodwill buyers, but also effectively avoid the transaction risk of husband and wife shared property.

It should be noted that husband and wife share real estate are an important part of the common property of the husband and wife. In real life, the behavior of selling common real estate without authorization is not uncommon, which has also triggered many social contradictions.

Therefore, when buyers want to buy such real estate, they should pay attention to reviewing the ownership of the house. If they find that the husband and wife share the property, the signing of the house sale contract shall be required to sign a signature and show the marriage certificate together. If you are present, you should also issue a legal and effective written authorization procedure to effectively avoid the risk of transaction caused by it.

Otherwise, in accordance with Article 311 of the Civil Code, buyers can obtain ownership of the house in good purchase, pay reasonable consideration and have registered real estate registration. Although the case involved in the "House Sale Contract" is valid, it is only binding between the seller (husband) and the buyer, and both parties to the contract are only creditor's rights. In this way, the plaintiff's contract the purpose of signing the "House Sale Contract" is obviously impossible.

Comprehensive: Guangzhou Daily, China Pu Law, and Renhua County People's Court in Guangdong Province

Source: Hunan High Court

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