Mr. Tang Jian Yequ intend to buy a second-hand housing, through an intermediary companies, in June to select the appropriate availability, and signed a contract for the sale and the seller, can think in new home soon after, Mr. Tang a Duting Happy. However, the matter is far from being as simple as he thought, because Mr. Tang was later found that the housing accounts in the original contract agreed not to move out of time, but not the seller agreed to refund 146,000 yuan Fangkuan contract and the suspension, addition, the intermediary company in Urging him to pay 6,800 yuan for the intermediary, Mr. Tang depressing .
Purchases: Accounts dispute is a headache
"Originally encountered very pleased appropriate availability, good quality houses, prices are moderate operator, signed a contract for the sale was on, when I check the next day to the police station after only know that this suite to the accounts of the house is not selling Home, but the original owners, and is due to gambling mortgage property. "Mr. Tang later was informed that the Department of Maifang property were purchased before May.
"House near the door in Hanzhong, a total of about 640,000 yuan, I would first pay the 146,000 yuan the first payment, buyers and sellers in the contract agreement, in the pay of 390,000 yuan, will be me and my family to move into the accounts The property, the balance due after the closing, to complete transactions. "Mr. Tang told reporters on the general situation. He said that the contract before the vendor rely on their commitment to the "My Account, in certain July 10 to move out" and an intermediary company also said that the seller's account, so he paid 146,000 yuan to the first paragraph .
Involves the issue of third-party accounts is a headache for Mr. Tang, in his view Maifang deliberately concealed the problem misleading accounts he signed the contract and the contract to the "July 10 move out of account" after the deadline, the problem still does not account Solution, Mr. Tang would like to suspend the contract with the seller but were refused.
Intermediary side: intermediaries are also victims
On the intermediary fees, Mr. Tang to the intermediary company made 6,800 yuan in Qiantiao, but because he wanted to stay with the seller's contract transactions, so the intermediary to pay fees, intermediary companies expressed very helpless.
-- Connection of the senior management of intermediaries, in his view, before signing the contract, the seller commitment to adhere to "their own accounts, and in July 10 to move out," intermediaries were also fool the party, were also victims. Intermediary fees on the issue, the industry believes that as long as the seller and the buyer signed the contract transactions, the intermediary would have the right to get a commission, Mr. Tang has been in arrears 6,800 yuan intermediary fees should not happen.
And Mr. Tang held that the seller with an intermediary and that the account is Maifang, and can move out within the agreed period, he signed a contract with an intermediary on the matter jointly and severally liable. To this end, the reporter interviewed a Nanjing Carefree Real Estate Limited Cuirong Li, chairman of brokers, in her view, "intermediary companies will tell the seller and the buyer before the contract accounts, but if the seller intentionally fraudulent contract fraud, the intermediary and purchases People are victims. Intermediary is not the right person to the police station Maifang investigation of the accounts, only I took the property rights and identity cards to check the accounts of the house. "
Counsel: the right to hold people responsible Maifang
It is understood that the June 19, Mr. Tang pay 4,000 yuan in deposits at the signing of a tripartite contract, breach of contract, agreed to be compensation for loss of 10,000 yuan; June 24, pay 146,000 yuan when the first payment has signed a contract for the sale, no agreement Breach of contract responsibility.
Mr. Tang will suspend their contracts and recover 146,000 yuan this, the reporter had an interview with the Nanjing Road Geng Xiaorong law firm lawyers. Counsel said that the purchases will move into their accounts by the purchase of housing, people buy a house and is able to effectively use the future are closely linked to one of the issues. Therefore, under normal circumstances, the seller and the buyer will be a contract for the sale of the housing when people buy a house can be moved into their accounts by the Housing Authority to purchase agreement.
Even without the agreement, housing and property rights trading was traded within the housing problem of the relationship between the accounts in accordance with the law should also be like this: 1, housing transactions of property rights is a contract behavior. 2, the purchases will move into their accounts to purchase their own homes, buy a house is a natural person accompanying the contract should be given the rights and interests of the Housing Authority to contract and the seller should bear the accompanying obligations. Therefore, the Housing Authority to buy a house the seller can not guarantee a timely manner will move into the accounts by the purchase of housing, is to assume legal responsibility.
Now, the seller could not guarantee housing to Mr. Tang's account to move into the normal housing, the Housing Authority to the seller did not sell out completely fulfill the obligations of the specific performance of the housing intermediary does not have to completely fulfill the specific content of intermediary services act. Mr. Tang to the seller the right to hold the relevant legal obligations, the right to pay an intermediary services. Mr. Tang held housing to the seller related liability claims, should this law to exercise their right to choose their own ways: 1, the seller asked the Housing Authority to sell the full implementation of the contract, can not bear the full implementation of betraying the contract responsibility or liability for breach of contract; 2, there is evidence to prove that the seller is a malicious accounts will not solve the existing disputes of housing, based on the risk and will pass on to sell their housing situation, Mr. Tang have the right to demand the lifting of the housing contract for the sale, to recover its 14.6 Million to the seller and to hold accountable the corresponding liability.
Purchases: Accounts dispute is a headache
"Originally encountered very pleased appropriate availability, good quality houses, prices are moderate operator, signed a contract for the sale was on, when I check the next day to the police station after only know that this suite to the accounts of the house is not selling Home, but the original owners, and is due to gambling mortgage property. "Mr. Tang later was informed that the Department of Maifang property were purchased before May.
"House near the door in Hanzhong, a total of about 640,000 yuan, I would first pay the 146,000 yuan the first payment, buyers and sellers in the contract agreement, in the pay of 390,000 yuan, will be me and my family to move into the accounts The property, the balance due after the closing, to complete transactions. "Mr. Tang told reporters on the general situation. He said that the contract before the vendor rely on their commitment to the "My Account, in certain July 10 to move out" and an intermediary company also said that the seller's account, so he paid 146,000 yuan to the first paragraph .
Involves the issue of third-party accounts is a headache for Mr. Tang, in his view Maifang deliberately concealed the problem misleading accounts he signed the contract and the contract to the "July 10 move out of account" after the deadline, the problem still does not account Solution, Mr. Tang would like to suspend the contract with the seller but were refused.
Intermediary side: intermediaries are also victims
On the intermediary fees, Mr. Tang to the intermediary company made 6,800 yuan in Qiantiao, but because he wanted to stay with the seller's contract transactions, so the intermediary to pay fees, intermediary companies expressed very helpless.
-- Connection of the senior management of intermediaries, in his view, before signing the contract, the seller commitment to adhere to "their own accounts, and in July 10 to move out," intermediaries were also fool the party, were also victims. Intermediary fees on the issue, the industry believes that as long as the seller and the buyer signed the contract transactions, the intermediary would have the right to get a commission, Mr. Tang has been in arrears 6,800 yuan intermediary fees should not happen.
And Mr. Tang held that the seller with an intermediary and that the account is Maifang, and can move out within the agreed period, he signed a contract with an intermediary on the matter jointly and severally liable. To this end, the reporter interviewed a Nanjing Carefree Real Estate Limited Cuirong Li, chairman of brokers, in her view, "intermediary companies will tell the seller and the buyer before the contract accounts, but if the seller intentionally fraudulent contract fraud, the intermediary and purchases People are victims. Intermediary is not the right person to the police station Maifang investigation of the accounts, only I took the property rights and identity cards to check the accounts of the house. "
Counsel: the right to hold people responsible Maifang
It is understood that the June 19, Mr. Tang pay 4,000 yuan in deposits at the signing of a tripartite contract, breach of contract, agreed to be compensation for loss of 10,000 yuan; June 24, pay 146,000 yuan when the first payment has signed a contract for the sale, no agreement Breach of contract responsibility.
Mr. Tang will suspend their contracts and recover 146,000 yuan this, the reporter had an interview with the Nanjing Road Geng Xiaorong law firm lawyers. Counsel said that the purchases will move into their accounts by the purchase of housing, people buy a house and is able to effectively use the future are closely linked to one of the issues. Therefore, under normal circumstances, the seller and the buyer will be a contract for the sale of the housing when people buy a house can be moved into their accounts by the Housing Authority to purchase agreement.
Even without the agreement, housing and property rights trading was traded within the housing problem of the relationship between the accounts in accordance with the law should also be like this: 1, housing transactions of property rights is a contract behavior. 2, the purchases will move into their accounts to purchase their own homes, buy a house is a natural person accompanying the contract should be given the rights and interests of the Housing Authority to contract and the seller should bear the accompanying obligations. Therefore, the Housing Authority to buy a house the seller can not guarantee a timely manner will move into the accounts by the purchase of housing, is to assume legal responsibility.
Now, the seller could not guarantee housing to Mr. Tang's account to move into the normal housing, the Housing Authority to the seller did not sell out completely fulfill the obligations of the specific performance of the housing intermediary does not have to completely fulfill the specific content of intermediary services act. Mr. Tang to the seller the right to hold the relevant legal obligations, the right to pay an intermediary services. Mr. Tang held housing to the seller related liability claims, should this law to exercise their right to choose their own ways: 1, the seller asked the Housing Authority to sell the full implementation of the contract, can not bear the full implementation of betraying the contract responsibility or liability for breach of contract; 2, there is evidence to prove that the seller is a malicious accounts will not solve the existing disputes of housing, based on the risk and will pass on to sell their housing situation, Mr. Tang have the right to demand the lifting of the housing contract for the sale, to recover its 14.6 Million to the seller and to hold accountable the corresponding liability.
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