Olympic champion He Zi's purchase of a house is broken, and he was awarded 1.6 million yuan.
Due to the delay in the purchase of the house, the property license was not given. The court ordered the seller to repay 700,000 deposits and compensate 1.6 million yuan.
Before the marriage, I wanted to buy a wedding venue. Unexpectedly, the other party did not have a property license that led to the transfer of its own house. The Olympic dive master He Zi will sell the home owner Luo to the court and ask the other party to repay the deposit and compensate the financial loss. Yesterday morning, Beijing Chaoyang Court issued a public case and ordered the two parties to cancel the purchase agreement. The seller refunded the deposit of 700,000 yuan and compensated the difference of 1.6 million yuan.
According to the He Zi agent, in January 2016, he wrote Zi and Ms Luo a "sales contract" for a house in Laiguangying Township, Chaoyang District, Beijing. The contract was determined: Ms Luo sold the house in question to He Zi at a price of 8.25 million yuan, and he Zi had to pay a deposit of 700,000 yuan. At the same time, the contract stated that the house in question has not received the right of residence. The estimated acquisition date is April 2016. The specific time depends on the actual management of the development and construction unit. After the house has received the right of residence, the seller sends. According to the agreement, the buyer and the acquirer shall register the ownership.
He Zifang said that after signing the contract, he fulfilled his contractual obligations in a comprehensive and appropriate manner and ordered Ms Luo to pay a deposit of 700,000 yuan. At the same time, he sold a house in the Apple Community of Baizi Bay to prepare for the payment of subsequent housing. In communication with Mrs Luo many times since then, the other party has always claimed that the certificate is in the process of handling. In the end, it is clear that it is not possible to obtain the hitelite certificate for personal reasons, which may lead to inability to handle the transfer of ownership of the house. He therefore prosecuted the seller, Mrs Luo, to the court and asked the other party to repay the deposit and compensate her for the financial loss.
In connection with the prosecution, Luo, a seller, said that she bought the houses involved in the case through bank loans through the sale of normal housing in August 2012. On December 24, 2013, the developer delivered the relevant house. According to the Beijing Commercial Housing Presale Contract format clause issued by the developer, the relevant ownership should be obtained within 1278 days after the delivery of the house. "So I thought 2016 3 Registration of ownership rights can be completed before the month."
Mrs Luo said that she had fulfilled the contract actively after signing a "sales contract" with He Zi. In January 2016, she settled the loan to the housing bank involved in the case. In March of the same year, she applied to the developer to apply for a transfer of ownership of the house. During the accident, the developer orally informed the CCB that the information received from the computer was inconsistent with the information provided by itself and was informed that the property rights of the affected house could not be handled. Mrs Luo said that the accident that occurred during the execution of the contract could not be checked in advance. She said she is willing to repay the deposit, but does not agree to compensate for the difference.
Yesterday morning, the Chaoyang Court generally ruled the case. The court found by attempting that the reason that the house in question could not apply for the certificate was that Luo had no qualifications to buy a house.
The Court argued that, during the implementation of the relevant sales contract, she could not obtain the residence certificate for her own reasons, which prevented the "sales contract" between the two parties to continue to carry out, resulting in subsequent disputes. The defense claims that "sales contracts" can not perform unexpected circumstances that are not subjective and uncontrollable. But in connection with the judicial review, Luo did not have the qualification to buy a house in Beijing when she bought the house in 2012, so it was a breach of contract. In the end, the court ruled that the two parties canceled the "Beijing Stock Housing Sale Contract" signed on January 9, 2016, and Ms Luo repaid 700,000 yuan from Hezi Ding and compensated the difference of 1.6 million yuan. Text / reporter Feng Lingyu