said Dai Li Gao , under the law of the relevant provisions of the contract took place after the establishment of objective circumstances when the parties entered into a contract can not be predicted, non-force majeure does not belong to the major changes in business risk, to continue the contract clearly unfair for one party or purpose of the contract can not be achieved , the parties have the right to request termination of the contract.
Further Reading
located in Guangzhou and Foshan, bordering the South China Sea property market continues to heat up.
terms of increased security at the end buyer’s responsibility
the purchase order, because Mr. Jiang is not a local household registration Foshan residents, and can not provide the required proof, the property will not be able register of members. communication without result, Mr. Jiang at the beginning of July through counsel sent a letter to each other, requiring termination of the contract.
judge also pointed out that the plaintiff did not fully consider whether the conditions meet their mortgage requirements, whether the actual payment of the purchase money, were signed with the defendant and four of offers for sale contract, a clear understanding of its purchase of four houses, caused by the actual terms of the contract can not perform, there is also some mistakes.
License violation the courts of many cases, the defendant real estate companies in the Ministry of Land Resources in September 2003 has issued a document to stop the supply of land villa Subsequently, the State Council issued a document several times to stop the villa real estate development projects land supply, and strictly limit low-density, land supply of larger homes; and clearly Since June 1, 2006 onwards, the new approval, new construction of commercial housing construction, dwelling area of 90 square meters of housing (including affordable housing) area share in the development and construction must meet 70% of the total area of this case the defendant will be 90 square meters floor area more than small and medium size housing, the housing connected for about four adjacent set of p>
judge that case the defendant in order to attract customers, offer flexible credit terms, credit policy against the relevant national regulations, resulting in performance of the contract can not.
quickly by three bursts of half a month, and is the same the same real estate agents, Guangdong common law is law firm commitments Dai Li Gao said, a number of his handling of that caused by the purchase contract dispute shows that some non-permanent residents as local Foshan not provide more than one year certificate or social security tax contributions that can only be called for the repeal purchase contract difficult, more difficult to withdraw agency fees! The total price of $ 0.7 million. the day, he paid a deposit $ 20,000, and part of the agency fee (3500 yuan).
Nanhai District, Foshan City, according to the court from the data this year, the hospital has received 61 orders for the purchase of disputes arising out, and still continue to prosecute the case to court. Results from the decision, made back buyers deposit, down payment and other demands of the court basically supported.
Foshan purchase of the property market began March 18, the housing authority in the purchase of commercial bank credit limit and the double attack, check out tide from the panic into a reality and a time blowout, and buyers and the owners who are caught between the see-saw type of game: from private consultations to send lawyer’s letter to the court, both sides complain incessantly.
Who knows, Ms. Lin and Mr. Tsang in six days after the purchase, Real Estate Deal will house more than two sets of down payment ratio to 50 percent, the same year on June 8, Guangdong supporting the introduction of rules, requirements strictly limit the purchase of the third set and more housing loans.
year to buy another house in the family’s estate had Mr. enjoy an the remaining 60% by the developer responsible for the mortgage to the bank loan for 20 years. To this end, the signing of the
4 17, the State Council issued a document calling for loans to buy second homes, loans, payment of not less than 50% interest rate not less than 1.1 times the benchmark rate; commercial banks according to risk status,home loans, suspended the third set and over to buy housing loans; this situation The two sides agreed the next four houses (loan) payment terms may no longer practical to perform.
They suddenly dumbfounded possible, the contract can not achieve the purpose of the SCS’s Court made a ruling to sentence the defendant to return plaintiff’s deposit Ms. Lin $ 100,000, Mr. Tsang has been referred to the return of 205,265 yuan to buy a house and maintenance fund 18,552.65 yuan.
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2010 年 1 月 7, the State Council Office Hall issued a document to provide loans to buy houses that have been used, also apply for second (or more) housing home loan down payment of not less than 40% Tsang, Ms. Lin and the defendant were also signed four contracts traded four houses, while four sets of housing loans for down payment loans from financial institutions ability to meet risk management requirements, access to appropriate housing loans uncertainty.
only withdraw 18,800 yuan, the final purchase contract is a smooth lift.
such a compromise, the parties are helpless, but relative to the prosecution claim is concerned, is the lowest cost.
a card into a multi-room villa sets out into the hardest hit
Schilling has loans with two houses, finally could not resist shot. Purchase, she’s the biggest concern is: the property is a typical banks credit it? However, the sales lady immediately took out a dozen copies of the sales contract, and promised to do two percent down payment, and save a lot of luxury tax. then 11 month, Schilling signed a purchase on room confirmation, the price agreed to total 4.325 million yuan to buy a house, paying back the mortgage to take and pay 10 yuan deposit site.
the door on this mortgage shut, We can only check out! Developers violations prior court sentenced buyers favor
check out more local non-permanent residents
defendant as a real estate development companies and contract preparation are, for type of land supply constraints, high-end housing control, housing loans, conditions require, changes in policy control than buyers who have a higher awareness, in the strict control of larger homes, and housing loan policy, the buyers who also sold four houses, and have agreed to pay the mortgage loans were more than 58% of housing units more than to buy a house in the payment terms can not be ascertained whether the actual performance under the agreement and then added, requiring the plaintiff has not been time to pay the remaining mortgage housing fund, significantly increasing the responsibility of each defendant in order that the plaintiff’s breach of contract claims court against it, so in fact the two sides agreed payment terms can not perform, so the plaintiff Tsang request to terminate the contract, the return has been paid funds to support the idea of the court.
by Ms. Lin and Mr. Tsang’s court, who, once thought a winner, but faced unexpected >
trial, the defendant produced a real estate agency Schilling signed with the confirmation of the terms of the agreement: If Schilling fails to deliver in full the agreed down payment, property maintenance fund and the special mortgage and other related costs, or failure to agreement entered into separate case as the plaintiff, the defendant presented a real estate agency is signed by both parties, All or part of the bank has not been approved, the buyer is required to notify the seller within 15 days from the date of a one-time payment, including mortgage loans has not been approved by the Bank, including the remainder of the housing fund Builders believe that the defendant, even if national mortgage policy change caused the plaintiff does not match due to their own conditions but can not get bank loan, the plaintiff must also pay the corresponding one-time housing fund, the two sides should continue to perform the contract.