27 Jul 2008

Room to buy 501 of the 502 rooms Zaban

"The first payment, Maifang pledged that 501 rooms, to the second payment, the seller has 501 rooms that have been sold to others, now only in the same price with 502 rooms." Recently, consumers Hsieh Chun-liang buying houses because of a dispute complaint to the press. The buyer that the seller does not fulfil the first time on the purchase agreement, the seller and the buyer expressed doubts about the authenticity of the agreement, the two sides stalemate for more than a year no fruit. Bar that, we must first identify the authenticity of the agreement, and then determine the validity of the agreement.






Room 501 is to buy the 502 rooms has become

Hsieh Chun-liang told reporters that in August 2006, he bought a new Yongjia County Sheng opened the construction companies on behalf of the Town in Yongjia County in the new century Garden of a house, and the company responsible for the boss Chen Norfolk individuals signed a purchase Agreement. Agreement agreed: Norfolk Chen Chun-liang Xie guarantee for the provision of a placement, the address of the Town in Yongjia County in the new century Garden before the placement of a village 501 rooms, temporary admission and his 100,000 yuan for the purchase of the first phase.

July 2007, Chen Chun-liang Norfolk to thank Fangkuan delivery of the second period when he will request the original agreement on the purchase of a 501 room for a replacement of 502 rooms. Hsieh Chun-liang, their original order is 501 rooms, purchased 501 rooms compared with 502 rooms, good lighting, large area, so I do not agree with the replacement.

The seller said the agreement is not signed

Recently, this reporter visited the said agreement on the Town in Yongjia County in the new century Garden before the resettlement of the village, the building has not yet been completed.

Afterward, reporters contacted Chen Norfolk. According to Chen Norfolk, said he did not sign-and-a-purchase agreement, Hsieh Chun-liang, an agreement on the buildings, the Housing is not, he wrote, he expressed doubts about the authenticity of the agreement. And he has not received Hsieh Chun-liang reservations advances. As Hsieh Chun-liang's receipt in hand, Chen also said he did not Norfolk signature, not Fingerprinting.

And Hsieh Chun-liang said that at that time to buy a house with six people, in August 2006 signing of the agreement and an agreement exists. As for the outstanding advances booking more credible, he also one-on-hand Chen Norfolk partners signed a handprint on the word of receipts. To this end, they failed to resolve a stalemate for more than a year.

It is reported that consumer Yongjia County Commission in the investigation, but the two sides have yet to reach a conciliation agreement.

Counsel: first to identify genuine and fake agreement, to see whether or not effective

According to Zhejiang Jia Rui Cheng Yang Leisure law firm of lawyers, assuming the buyer forged agreement, the agreement null and void and not binding on the seller, the seller need not perform in accordance with the agreement. If the agreement is true, then judge whether the two sides signed a contract with the force of law.

If the nature of the land allocated for state-owned, according to the transfer of its housing is required to have the approval of the People's Government approval, without the approval of the contract null and void and can not continue to fulfill the contract, the seller for the return of the money collected, the contract is invalid if the fault Is the seller, the buyer can also claim compensation. Avoid the effect of the contract, the seller, the unauthorized change is breach of contract, the buyer may request to perform the original contract.

No comments: