After the sale of real estate refused to sell a house owner was sentenced to 890 thousand yuan in Be-popkart

After Beijing refused to sell price fluctuations in the price of a homeowner was sentenced to pay liquidated damages of 890 thousand – Beijing housing, some sellers in the houses sold soon after they found prices rose, tried to breach of contract. Ms. Zhai in the beginning of this year to sign the contract, Mr. Gao bought a house, and pay a deposit and intermediary fee. Unexpectedly, a month later, Mr. Gao had to wife do not agree on back. Ms. Zhai helpless to court, ask for compensation for the losses. Recently, the Haidian court sentenced the case, the judgment of Mr. Gao compensation 890 thousand yuan and the intermediary fee of $120 thousand. Ms. Zhai in order to improve the living conditions of the family, in February 2016 housing sales contracts signed with Mr. Gao, in the purchase price of 4 million 480 thousand yuan in Haidian District Qinghe margin in the District of the housing. Signing the contract that day, she paid a deposit of 300 thousand yuan and intermediary fee of $120 thousand. However, Mr. Gao in the contract after a month, the sale of the house without the consent of the wife agreed to go back on. Because the two sides unsuccessful negotiations, Ms. Zhai to the court, requesting the court to terminate the contract for the sale of both, and ask for payment of 20% of the total contract price of 890 thousand yuan penalty, intermediary fees and other relevant losses. On the court, Mr. Gao disagrees with Ms. Zhai’s claim. He said the house is the common property of his wife, and later because his wife does not agree with the real estate, then they signed the contract should be invalid. "Since the contract is null and void, I should not pay the penalty and the agency fee." Mr. Gao said. Haidian court after hearing that the two sides signed a contract for the sale of real estate parties expressed the true meaning of the parties should be legitimate and effective. But Mr. Gao did not obtain housing ownership, resulting in housing can not transfer, there is a breach of contract. In this case, Ms. Zhai proposed to terminate the contract, and asked Mr. Gao according to the contract to pay liquidated damages and intermediary fees, with the facts and legal basis. Finally, the court lifted the two sides signed the contract for the sale of housing, Mr. Gao decision 300 thousand refundable deposit, and compensation for Ms. Zhai penalty of 890 thousand yuan and 120 thousand yuan intermediary costs. In other word – judge weapon can continue to carry out the judge said that people in the event of breach of contract by the seller refused to buy the sale of housing, according to their own situation, choose the seller is required to continue to perform, or terminate the contract and claim compensation for the loss of the seller. According to the "contract law", the parties may agree that one party shall pay a certain amount of liquidated damages to the other party in violation of the contract, the court will be the case, the discretion to determine the amount of liquidated damages. In the case of Ms. Zhai, because the seller refused to sell at prices rose during the period, the buyer can purchase according to the contract price will cause the loss of housing price. As for the housing price, housing is now recognized because of the value of 6 million yuan, therefore, can confirm the loss of housing price at least 1 million 520 thousand yuan, and the two sides agreed liquidated damages of 896 thousand, not much higher than the actual loss. Ultimately, the court asked the parties to increase or reduce the amount of the amount of default applications are not accepted, and determine the amount of liquidated damages of 896 thousand yuan. Due to the contract agreed to pay the agency fee Fang Yu相关的主题文章: