Olympic champion He Zi has bought a house and was awarded 1.6 million yuan.
Due to the delay in the purchase of the house, the real estate license was not filed. The court ordered the seller to return the deposit of 700,000 and make up for 1.6 million yuan.
Prior to the wedding, I wanted to buy a wedding room and the other party did not have a real estate license that would lead to the transfer of her own house. The Olympic Zee Diving Champion will sell the owner of the house to Luo to the court and ask the other party to return the deposit and compensate for the economic loss. Yesterday morning, Beijing Chaoyang, the Court publicly ruled on the case and ordered both parties to cancel the purchase agreement. The seller refunded the deposit of 700,000 yuan and offset the difference of 1.6 million yuan.
According to He Zi's agent, in January 2016, He and Ms. Luo signed a "sales contract" for a house in Laiguangying Township, Chaoyang District, Beijing. The contract provides for: Ms. Luo to sell 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 also states that the house that is dealing with the case has not yet received a certificate of ownership of the house and the assumed acquisition time is April 2016. The specific time depends on the actual processing of the building site and construction. Under the agreement, the buyer and the transferee register the transfer of ownership.
He stated that, after signing the contract, he fulfilled his contractual obligations and appropriately and ordered Ms Luo to pay a deposit of 700,000 yuan. At the same time, He also sold a house in the Apple community at Baizi Bay to prepare for the payment of the next housing. However, in the communication with Ms. Luo many times since, the other side has always claimed that the certificate of ownership is being processed. Ultimately, it is clear that he is not in a position to obtain a certificate of ownership for personal reasons, which may lead to the impossibility of dealing with the transfer of ownership of the house. He therefore appealed to Ms Luo in court and asked the other party to return the deposit and compensate her for the economic loss.
In the face of the prosecutor's office, Ms. Luo, a salesperson, said she bought the houses involved in the case in August 2012 through bank loans through the sale of normal commercial dwellings. On December 24, 2013, the developer delivered the house to him. According to the format clause of "Beijing Commercial Housing Agreement" issued by the builder, the certificate of ownership of the property must be received within 1278 days after the delivery of the house. Registration of property rights can be completed before the month. "
Ms. Luo stated that she had actively executed the contract after signing the "sale contract" with He Zi, and in March 2016 she settled the loan for the housing bank involved in the case. During the accident the entrepreneur verbally informed CCB that the information entered by the computer was incompatible with the information provided by her and she was told that the registration of the ownership of the respective house could not be processed. Mrs. Luo said that the accident that occurred during the implementation of the contract can not be controlled in advance. She said she was ready to return the deposit, but she did not agree to make up for the difference.
Yesterday morning the Chaoyang court publicly declared the case. The court found by trial that the reason why the house in question was unable to apply for the certificate was because Mrs. Luo had no qualification to buy a house.
The court ruled that during the execution of the "contract of sale", Ms. Luo failed to obtain a certificate for residential property for its own reasons, which did not allow the "sale contract" between the two parties to continue to perform, which led to subsequent disputes. The defense claims that the "sales contract" can not perform unexpected circumstances that are not subjective and uncontrollable. However, along with the judicial review, Ms. Luo was not qualified to buy a house in Beijing when she bought the house in 2012, so it was a violation of the contract. Ultimately, the court ruled that the two parties had canceled the Beijing-based housing contract signed on 9 January 2016, and Ms Luo had recovered 700,000 yuan from Hezi Ding and offset the 1.6 million yuan difference . Text / reporter Feng Lingy