The purchase of a home by Olympic champion He Zi was breached and he received 1.6 million yuan.
Due to the delay in the purchase of the home, the real estate license has not been filed.The court ordered the seller to refund the deposit of 700,000 and offset 1.6 million yuan.
Before the wedding, I wanted to buy a marriage room.Unfortunately, the other party did not have a real estate license, which led to the transfer of their own home.The Olympic diving champion He Zi will sell Mrs. Luo to the court and ask the other refund the deposit and compensate for the economic loss. Yesterday morning, Beijing Chaoyang Court publicly pronounced the case and ordered the two parties to cancel the purchase agreement.The seller refunded the deposit of 700,000 yuan and made up the difference of 1.6 million yuan.
According to He Zi's agent, in January 2016, He Zi and Luo signed a "sales contract" for a home in Laiguangying Township, Chaoyang District, Beijing. The contract stipulated: Ms. Luo sold the home in question to He Zi for 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 also stated that the house involved in the case has not yet obtained the certificate of ownership of the house. The estimated time for acquisition is April 2016. The specific time depends on the actual handling of the development and construction unit. home have obtained the certificate of ownership, the seller According to the contract, the buyer and the transferee must register the transfer of ownership.
He said that after the contract was signed, he fulfilled his contractual obligations in a comprehensive and appropriate manner, and ordered Luo to pay a deposit of 700,000 yuan. At the same time, He Zi also sold a home in the Apple Community in Baizi Bay to prepare the payment of the subsequent dwelling. However, in the communication with Ms. Luo often since then the other party has always claimed that the certificate of ownership is in the process of handling.In order, it is clear that is unable to obtain the certificate of ownership for personal reasons, which can result in the inability to handle the transfer of ownership of the home. He therefore appealed to the seller, Mrs. Luo, to the court and asked the other party to pay back the deposit and compensate her for the economic loss.
In the face of the indictment, Luo, a seller, said she bought the houses involved in the case through bank loans through the sale of normal commercial housing in August 2012. On December 24, 2013, the developer handed over the house he involved. According to the format clause of the "Beijing Commercial Housing Pre-Sale Agreement" issued by the developer, the certificate of ownership must be obtained within 1278 days after delivery of the house. The registration of the property rights can be completed before the month. "
Luo said that he actively fulfilled the contract after signing the "contract of sale" with He Zi. In January 2016, she signed the loan to the real estate bank involved in the case. In March of the same year, he asked the developer to request the transfer of ownership of the house. During the accident, the developer verbally informed the CCB that the information entered by the computer was inconsistent with the information submitted by him and was informed that the registration of the property rights of the house involved could not be dealt with. Ms. Luo said that the accident that occurred in the execution of the contract could not be controlled in advance. She said she is willing to reimburse the deposit but does not agree to make up the difference.
Yesterday morning, the court in Chaoyang publicly pronounced the case. The court found, by judgment, that the reason why the house involved could not request the certificate was because Mme. Luo did not have the qualification to buy a house.
The court found that during the implementation of the "sales contract" involved, Ms. Luo was unable to obtain the real estate certificate for her own reasons, which prevented the "sales contract" between the two parties from continuing to be executed, the which led to subsequent disputes. The defense argues that the "contract of sale" can not perform unexpected circumstances that are not subjective and uncontrollable. However, in conjunction with the court review, Luo did not have the qualification to buy a home in Beijing when he bought the house in question in 2012, so it constituted a breach of contract. In the end, the court ruled that the two parties canceled the "Housing Sale Agreement" signed on January 9, 2016, and Luo refunded 700,000 yuan of Hezi Ding and offset the difference of 1.6 million yuan. Text / reporter Feng Lingyu