Sign " book of commodity house subscribe " and made deposit, but estate company however with buying room person serious violate a treaty and change of name of the person that buy a house are reason, reject to buy room person to sign not only " contract of commodity house business " , still reject to return the deposit that still buys room person place to hand in.
Recently, 3 water court heard case of dispute of contract of commodity house business one case, adjudicative estate company is returned still deposit and head pay, recoup the accrual loss of the person that buy a house.
Accuser collect gentleman and accuser Miss Qiu are a pair of sweethearts originally.
On December 3, 2016, collect gentleman the name with Miss Qiu and Fosan some estate limited company (next abbreviation " estate company " ) sign " book of commodity house subscribe " reach its complement agreement, the agreement buys Yun Donghai to this company highway of street Na Feng is in the residence. After the contract is signed, collect the gentleman pays 100 thousand yuan of deposit and share in all head period money 50 thousand yuan. But before long hind both sides parts company, collect the gentleman changes name of subscribe book buyer to estate company demand for its new cummer Wang Mou, offerred Miss Qiu to issue " the circumstance explains " and " accredit a power of attorney " .
When collect the gentleman is about to sign twice to this firm department " contract of commodity house business " when, this company with collect the gentleman does not have the principal part that buy a house qualification and already signed fix a date more than for, refuse and collect the gentleman is signed " contract of commodity house business " . On March 10, 2017, this company still sends case home remedy to remove to Miss Qiu contract, and refus is not returned still collect the gentleman's deposit and the money that buy a house. Collect the gentleman is sued to the court because of estate company beak a contract subsequently, requirement estate company is returned times doubler deposit and the money that buy a house.
On the court, estate company argue says collect the subscribe that the gentleman is not experience case building square, experience case building is by Miss Qiu of one person subscribe, " book of commodity house subscribe " reach " compensatory agreement " waiting for contract document also all is signed by Miss Qiu and this company, collect contract of nonexistent building business concerns between gentleman and some estate company. Miss Qiu exceed the time limit is signed " contract of commodity house business " , already made serious break a promise, this company has authority to remove " book of commodity house subscribe " reach " compensatory agreement " , confiscate its already 150 thousand yuan of money of pay.
Court decision of forensic become effective thinks, according to case fact and relevant evidence, estate company and collect the gentleman undertakes with respect to subscribe person renown problem maintains turning communicate. But estate company is made not clearly all the time refuse collect the answer that the gentleman should ask, ask however must former subscribe person namely Miss Qiu him young lady offers application and the spot affirms, visible both sides fails to reach unanimous opinion, send fail finally to sign emend type to buy room contract. Accordingly all nonexistent fault, problem of nonexistent break a contact. At the same time principle of basis contract relativity, adjudicative estate company ought to be returned to Miss Qiu still deposit is reached 100 thousand yuan head pay 50 thousand yuan, pay corresponding accrual the loss.
News source | 3 water court
Author | Li Zhijian
Editor | Law of · of intermediary of law wisdom be in harmony wisdom when dispatch operation group
