Case 1
The "down payment loan" failed to pass the mortgage access. The developer sued the buyer.
From June 2065438 to June 2005, Ms. Li purchased a commercial house of Daya Bay Xinmou Real Estate Company (hereinafter referred to as "Xinmou Company"). Due to the insufficient funds for Ms. Li's down payment, the two parties signed the Commercial House Purchase and Sales Contract and the Loan Agreement, stipulating that the total house price is 700,000 yuan, and the down payment is 2 1 10,000 yuan, and a certain company will provide Ms. Li with a loan of10.3 million yuan to pay the down payment, and the remaining 490,000 yuan will be paid by bank mortgage loan. At the same time, a company in Xin also issued a letter of commitment, promising to complete the mortgage loan formalities within 15 days. Later, Ms. Li paid a down payment of 80,000 yuan and a maintenance fund of 5,380 yuan, and successively repaid nearly 60,000 yuan.
Ms. Li's bank mortgage loan finally failed to pass the examination and approval, because the property involved in the case developed by Xin's company did not meet the bank credit policy and failed to pass the mortgage access. Xinmou Company appealed to Daya Bay District People's Court, demanding that the commercial housing sales contract be terminated, and paying liquidated damages and related expenses. Ms. Li also said at the court session that she had the ability to pay off the balance of the house purchase in one lump sum.
The court ruled that the commercial housing sales contract continued to be performed, and the owner did not need to pay liquidated damages to the developer. After the verdict was pronounced, neither party appealed.
Case 2
The seller refused to cooperate to handle the house transfer in the name of others.
2065438+June 2006, Mr. Dong of Heilongjiang bought a second-hand house of Mr. Cheng in the name of Mr. Sun under the intermediary service of an intermediary company, and signed the Huizhou Second-hand House Sales and Intermediary Service Contract.
The house is in a state of mortgage and belongs to "individual ownership". The two parties agreed that the transfer price was 600,000 yuan and the deposit was 50,000 yuan. After signing the contract, Mr. Dong paid more than 630,000 yuan for house purchase, commission and taxes. Later, Mr. Cheng's wife claimed that she didn't know about it, and the husband and wife refused to cooperate with him to handle the transfer procedures. Mr. Dong appealed to the Daya Bay District People's Court.
The court decision supported Mr. Dong's request to continue to perform the house sales contract and assist in the transfer procedures. After the verdict was pronounced, neither party appealed.
The judge reminded.
Buyers and sellers may face greater market, policy and legal risks.
Zhou Yong, president of the First People's Court of Daya Bay District, reminded that with the implementation of the property market regulation policy, the purpose of circumvention will become more and more difficult to achieve. In particular, the Notice on Further Improving the Supervision and Management of the Real Estate Market in our city, which was implemented by our city, clarified the three-year "lock-up period" for new houses, prohibited "selling more in one room", put an end to "down payment" and cracked down on false propaganda. Developers and property buyers may face greater market risks, policy risks and legal risks.
And "down payment" and "buying a house in the name of others" are all malicious acts to avoid the property market policy. In the case of "down payment loan", if Ms. Xin Company tries to take back the house and sell it at a high price because of financial problems, Xin Company cannot defend it on the grounds that "down payment loan" violates relevant policies. Moreover, the company has credit problems, and it is risky to provide loans to property buyers with insufficient performance ability. The developers will be severely punished by the regulatory authorities, and the business risks are greater. In the case of borrowing someone else's name to buy a house, Mr. Dong, as the actual purchaser, needs to bear the legal consequences that cannot be proved. The house may be mortgaged and resold by Mr. Sun, and even the house will not be inherited in the future.
(The above answers were published on 20 17-04- 19. Please refer to the actual situation for the current purchase policy. )
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