Zea31085
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Posted: Sun 15:19, 20 Mar 2011 Post subject: Skyrocketing housing prices relative frequency is |
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related cases
Ms. Wang is the plaintiff and the defendant chai couple, married in Fengtai District of mortgage loans purchased a set of housing loans by two co-pay. According to chai, this year in June, his wife sold the house without telling him she had got. That situation, chai immediately expressed opposition, but his wife did not agree. Chai without their consent that his wife jointly owned property without the sale, a violation of his legal rights, so his wife and buyers will be reported to the court she had got together, to demand the return home.
2007,[link widoczny dla zalogowanych], the house prices rose sharply, Zhao Gang's parents, sister, Zhao Gang's niece 5 Zhao Gang and Wang Qiang forthwith to court. City Court of Final Appeal ruling confirmed a house in the buying and selling effectively. Later, Zhao Gang and his son come up with another Zhao father to son, Zhao Gang sued maintenance obligations not covered, ask for the return of the gift to move back to their original room. In the trial, the two signed a mediation agreement, Zhao Gang father to mediation as the basis for the housing transfer process, received a real estate license. The mediation of Zhao and his son, Wang Qiang, made to the Municipal Court for a retrial in the application. After mediation, housing owned by Wang Qiang all, Wang Qiang, Zhao Gang, the father paid 12 million financial compensation.
recognized by the spouse, thus creating a loophole that many people can use it in litigation.
father and son set to discuss the Housing Authority
I love my family holding company of the Ministry of Justice statistics, the owners of breach of contract in November the number of cases received an increase of almost 40%. Breach of contract spur of the moment the face of some owners, I love my family law services said, the owners will bear the responsibility for breach of contract. After signing the contract for the sale, the owners need to change the sale price, if the buyer does not agree, then the price the buyer can acquire the relevant evidence in the prosecution of the owners, once the owner loses the owners need a party to the non-liability for breach of contract damages that the buyer of default described in details Gold (I love my family provides 10% of the amount of the contract) or purchase when buyers and sellers from the set to double the amount of the deposit returned, the two methods of compensation that is a party to breach of contract by the buyer no choice, in most cases the buyer will choose the amount of compensation way to get high compensation.
purchase if the buyer received the deposit, before the signing of sales contracts, the owners are to improve the sale price, then the buyer can control prices of the evidence related to prosecution of owners of property owners, owners need to pay the buyer double the deposit . From the perspective of contract law, usually as long as the buyer's breach of contract related to master evidence to prosecute the owners, the general law for more protection of the interests of the buyer.
second-hand housing transactions for individual intermediaries breach rate of nearly 10%
wife without telling her husband, secretly sold real estate, the husband to the wife not entitled to matrimonial property will be dealt with separately on the grounds his wife and home buyers to court, demand the return of property. Fengtai District Court civil trial court more than the recent series of similar cases, which mostly go back after the houses, and the design of the
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found during the court hearing, where only the house property certificate registered on the name of Ms. Wang, but she had got home buyers through an intermediary, signed the purchase contract, purchase, owner of the house did not know she had got two people at the same time, Ms. Wang did not specify her chai is a husband and wife. Ms. Zhou has paid the associated costs. Real property based on the publicity, the principle of public trust, the court found, the purchase contract valid, dismissed the husband's suit seeks chai.
his view,[link widoczny dla zalogowanych], in the secondary housing purchases, buyers need only meet the three conditions, it basically can buy. First, the transaction price is reasonable, does not significantly lower than the market price; Second there is no damage to third party interests malicious collusion; Third, transfer of property rights registration procedures have been completed. Courts generally protect the bona fide third parties in accordance with the principle of legitimate interests, finds the contract valid.
husband selling his wife to complain
I love my family, the Beijing Central China market, the current owners of the temporary breach There are two main situations: the first is that their owners and buyers in advance that a good price lower than the current market price, raising fares; the second is that the owners think that their house has a greater appreciation of space, intended to does not sell, wait for the house to appreciate.
frequent cases resulted in skyrocketing housing prices
Liu Hua, director Warren law firm, said that with the growing Beijing housing prices soaring, people feel that selling prices soared earlier , sold deficit. A similar number of real estate dispute that has been on the rise. Both husband and wife partnership setup, or do not know, in the new
2002 year, Zhao Gang (a pseudonym) father of peace and the door will be located in the vicinity of the right to move back to real estate Zhao Gang name, in 2004, the house was sold to Wang Qiang Zhao Gang (a pseudonym), Wang Qiang, all of a mortgage payment of more than 50 million. Soon, Wang Qiang Zhao Gang name in order to apply for a stay, but not for property ownership transfer.
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