Article ｜ Zhang Maorong believes flourish (the whole nation) estate attorney group is chief lawyer
Responsibility of society of carry out travel, a year in make start course of study, light big, medium row 3 banks rectify and reform capital to superintend an agreement.
Go in Xiang Yu the Conqueror
Pursue as follows the 7th, 8, old edition of the travel in Shenzhen " superintendency agreement " (blame mortgage edition) superintendency deadline times doubler at other bank, once experience appeals to,freeze client fund till the cows come home, refus does not approbate buyers and sellers acceptability shorten agreement of clause of superintendency deadline, revocatory Xiang Yu the Conqueror, enroach on includes client inside all consumer that buy a house close right increase, the name with superintending absorbs the fact of deposit all right. . . . . . Nowadays, in silver of author appeal, city inspect bureau is checked, city Consumer's Committee is supervised fall to be rectified and reform eventually!
Incident reviewing
Experience case building is double spell a room, the autograph was made an appointment with on July 29, 2018, clinch a deal valence 19.98 million yuan (every cover 9.99 million yuan) , among them one is mortgaged (abbreviation A is covered) , a blame mortgages lump-sum payment (abbreviation B is covered) , a covers a period fund 5.24 million yuan reach money of house of B illegally buy up 9.64 million yuan, aggregate 14.88 million yuan are superintended at subbranch of a bank of the oil austral Shenzhen of Bank of China.
Go in " secondhand the room trades capital entrusts superintendency agreement " (blame mortgage edition) the 8th experience accuses the clause sets: Third square (in row) the initial day of superintendency deadline rises 180 days inside, if Jiayi is bilateral (buyers and sellers) any one party inform both sides of third Fang Jiayi to already traded to generate controversy and show indictment with respect to afore-mentioned estate / arbitral requisition and judiciary suffer original of case advice note, criterion third square of short duration does not handle superintendency fund, wait for a judiciary to give a ruling aftertreatment. . . . . .
Exist early or late because of bargainor building after amount to 67 rounds close down, cannot solve tardy, bring about trade cannot undertake.
Buyer entrusted the author to be sent to the bargainor on November 8, 2018 " end an agreement informs case " , removed lawfully the business contract between both sides, ask its are returned return deposit, by the contract the agreement pays clinch a deal valence 20% add up to 3.96 million penalty due to breach of contract.
Superintend deadline because of 180 days like that have not at the expiration of one's term of office, refund does not agree all right in, in view of blame mortgage edition superintendency agreement the 8th existence, after buyer concern is sued 9.64 million yuan are frozen till the cows come home, not dare rushed sue, and bargainor Yi Shen knows to buy the home this are soft costal region, go out to absolve its responsibility of breach of contract to just agree to cooperate to remove only the condition that capital superintends.
Bring about buyer from this very passive: Bargainor break a contact cannot be chased after duty, capital of a huge sum is frozen, cannot buy other house, delinquency buys room opportunity. . .
Strong in row
But, buyer and bargainor reached those who continue to trade on November 26, 2018 " compensatory agreement " , agree revocatory blame mortgages edition capital to superintend an agreement to the 8th experience appeals to a clause and shorten superintendency deadline, author representative buyer was written on December 4, 2018 in row, requirement according to buyers and sellers " compensatory agreement " carry out.
The travel in December 10, 2018 entrusts a lawyer strong return case, disregard " contract law " the regulation that ought to commend work according to the demonstrative processing of client about depositary, think buyers and sellers " compensatory agreement " at oneself is invalid, agree without its " compensatory agreement " inalterable capital superintends an agreement!
But, buyer abandons claim for compensation of end an agreement, be forced to accept a bargainor for many times delay requirement, all previous classics is labyrinthian, finish change the name of owner in a register finally to clinch a deal.
Silver-colored inspect bureau is checked
In view of in of travel imperious and despotic, medium deadline of 180 days of train in excess specified length and blame mortgage travel financing superintendency agreement the 8th experience appeals to edition superintendency agreement matters concerned of rights and interests of consumer of format clause enroach on, for responsibility of society of carry out travel, prevent more person to step on thunder, the author offers report to bureau of silver-colored inspect of city of committee of Shenzhen city consumer, Shenzhen early or late.
On January 15, 2019, bank of written reply author already rectified and reform bureau of Shenzhen city silver-colored inspect, can shorten superintendency deadline, but inaccuracy admits blame mortgage edition the 8th illegal fact:
1, time problem: Already allotted on November 20, 2018 all right in " about secondhand the building trades the risk that capital entrusts superintendency business hints " , the requirement is divided administer each, subbranch of a bank " fulfill strictly tell obligation. When buyers and sellers signs capital to superintend an agreement, need key clew client: Superintendency time is the longest can agree 180 days, the proposal chooses 90 days, buyers and sellers can need according to oneself, negotiate the agreement after agreeing to superintend deadline. Consult seriously consultative provision, understand oneself right and obligation, affirm without by accident hind sign all right again " ;
2, experience tells a problem: Blame mortgage edition capital to superintend an agreement the 8th buyers and sellers all signs in this agreement, build fingerprint to affirm, of short duration did not discover this clause existence disobeys finance to superintend the circumstance of legal laws and regulations.
The Consumer's Committee replies
Recently, incoming telegram of committee of Shenzhen city consumer replies, already was not all right in mortgage edition " secondhand the room trades capital entrusts superintendency agreement " experience appeals to a clause to make revise, good intermediary yellow elder sister (public date " Shenzhen of yellow elder sister buys a room to seek advice " ) send guest door place to sign new edition agreement to also show, new edition blame mortgages capital to superintend an agreement already the experience that old edition the 8th buyers and sellers cannot revise accuses the article moves to serve as to the 19th optional can not pick an item.
However, needing those who remind buyer attention is, new edition agreement the 10th still withheld old edition the 2nd times dozenth a clause of the 2nd Xiang Yu the Conqueror, namely: Capital is superintended during superintending by partial frozen (contain a bargainor to apply for) , did not freeze partial even if to superintend expire, agree to also will be frozen till the cows come home without the bargainor cannot refund, till the case is terminative!
New edition agreement
Anew edition contract full text looks, although in soon experience appeals to freeze a clause to repair instead to pick an item fully till the cows come home, but compare without this clause photograph with other bank, the attention that still increased purchaser is compulsory (a bit not careful by procuratorial Gou Xuanze future trouble is boundless, ought to give delete) , superintend at the same time period inside once experience is frozen,agree with more than to be frozen till the cows come home without the bargainor, superintend expire must in archives is checked to affirm inside 5 weekday all right rear can press conventional loan (already broke through superintendency deadline to superintend constitutionally) clausal existence, still have huge hidden trouble to buyer, the person that the proposal buys a house careful choose this conduction blame to mortgage superintendency business.
Pay close attention to weak force group, enthusiastic commonweal career
About believes flourish -- one held water 2007, be located in surely inside countrywide limits " estate " controversy is solved, annals is in cover throughout the country of city of domestic a gleam of and city of main second line, implementation " estate " dispute a gleam of (customer service special railway line: 400-0755-618) cross area estate attorney first times when solve to interlink a brand, already was in 24 province city of countrywide to create local group at present.
