Developers Sell More Intentional Fraud

In recent years, disputes in the real estate industry are common. It has been accompanied by the development of the real estate market, making homebuyers sad and hurt developers.

In recent years, disputes in the real estate industry are common. It has been accompanied by the development of the real estate market, making homebuyers sad and hurt developers.

A real estate dispute case occurred in a real estate in Shenzhen is a typical example.

Developers sold more than one room and were appealed to the court. Eventually, they lost more than 630 thousand yuan for 270 thousand yuan, which was not worth it.

Today, the real estate industry has entered a new competition era. In this market full of smoke, real estate developers must strive for improvement from various aspects such as project selection, project design, marketing promotion, property management and so on. On the other hand, with the gradual revival of consumers' awareness of self-protection, especially the government's promulgation and implementation of protective regulations on consumer rights, the threshold of real estate business will further increase.

To avoid disputes, sunshine operations, while pursuing the greatest value and keeping abiding by law, are the winning skills of developers and investors.

27 million yuan for the purchase of more than 630 thousand yuan yuan, March 25th, for Mr. Yin family, is a very special and memorable day, when Mr. silver took the court to enforce the 638 thousand yuan housing compensation claims, moved to tears. "2004"

The lawsuit, which lasted for over 3 years, finally came to a successful conclusion under the justice of law and the efforts of Li Yongxiu, lawyer of Guangdong Shen Peng law firm.

Reporters learned that this is a difficult lawsuit, but also a special case, the purchase of more than 270 thousand yuan eventually let developers double refund of the purchase and full refund of interest on the purchase of housing, membership fees and other more than 630 thousand yuan.

According to Li Yongxiu's lawyer, this lawsuit is of double significance. It is not only the double compensation case of the first commercial housing contract dispute in Shenzhen, but also the first case of the national real estate dispute claims issued by the Supreme Court on the interpretation of several issues concerning the application of the law in the dispute over commercial housing sales contracts.

This is a difficult lawsuit. It is also a special case. Over 3 years, the purchase of more than 270 thousand yuan will eventually give developers double refund of the purchase amount and the full refund of the interest on the purchase of the house and the membership fee of more than 630 thousand yuan.

The two hundred and seventy thousand yuan bought from the "32B" was originally sold in September 1998, and Mr. Yin took a fancy to the 2 building of a garden in Shenzhen. After paying the deposit, he signed the subscription book with the developer.

According to the agreement, the developer signed the contract with the client Mr. Yin on the day of signing the subscription book.

Soon, Mr. silver will pay more than 270 thousand yuan of housing, one-time payment to developers.

In November 1998, the two sides formally signed the "Shenzhen real estate sales contract" according to the real estate purchase procedures and related requirements.

After handling the formalities and decorating, the silver family moved into the new house with pleasure.

At the same time, Mr. Yin, according to the developer's request, gave the developer the original purchase contract, the photocopy of his ID card, the payment invoice and so on, entrusted the developer to handle the property right certificate procedure.

By November 1999, developers call Mr. Yin to see the real estate certificate, and see 1 32B property certificates, not 2 32B property rights certificates.

At this time, developers explain to Mr. Yin that the property certificate is wrong. It may be that the land department has mistaken the "2 32B" to "1 32B" in the handling process.

For this reason, developers also take the initiative to promise that they will be responsible for handling the replacement procedures, which can be handled in a maximum of 2 months.

Eight months passed. In July 2000, Mr. Yin learned from the parties concerned that the 2 32B houses he bought in a garden had been sold for a long time. The original head of household had also handled the real estate certificate and household registration index.

One year after the delivery of more than 270 thousand yuan, the company received a telephone call to see Mr. silver to see the real estate certificate. He saw 1 32B property certificates, not 2 32B.

Eight months later, Mr. Yin was surprised to learn that the 2 32B houses had been sold for a long time, and the original head of household had also handled the real estate certificate and household registration index.

In order to seek justice, he took up the court for the first time. In order to make a claim, Mr. Yin filed a lawsuit against the court in September 2000, demanding compensation for 670 thousand yuan, such as house purchase, certificate fee, membership fee, decoration cost and mental loss.

After the case entered the proceedings, the developer made a reply to the suit. He thought the contract signed by both sides had been notarized (actually witnessed) and had been delivered. It also handled the property certificate for Mr. Yin, but he had made a mistake in his work.

In the reply, the developer pointed out that he had already begun to apply for the procedure of exchanging evidence (real estate certificate) for Mr. Yin, and the land department was willing to handle the replacement of the certificate, but the procedure was more complicated, and it only lasted for a while.

The developer promised that he would be willing to handle the replacement procedures for Mr. Yin as soon as possible.

Mr. Yin felt that the developers were sincere enough to trust the developers and withdraw them to the court in October 2000.

Mr. silver has been waiting for the good news of the developers after he withdrew the lawsuit. Meanwhile, Mr. Yin also made another plan. He began to visit the law firm and consulted a large number of lawyers.

More than 1 years passed, and the developers could not give clear results or statements. Mr. Yin took into account his limited knowledge of relevant laws. In April 2002, he formally commissioned Li Yongxiu lawyer of Guangdong Shen Peng law firm as his agent ad litigant.

In order to make a statement, Mr. Yin filed a lawsuit against the court in September 2000. The developer said in his reply that he had begun to apply for a replacement (property certificate) procedure for Mr. Yin, and Mr. Yin felt that the developer had withdrawn from the court sincerely.

More than 1 years later, no developers have a clear statement, Mr. silver once again launched the proceedings.

Mr Li Yongxiu confirmed that the sale of the house had entered the two lawsuit. He was a senior lawyer in Shenzhen. After receiving the Commission, he quickly visited the land department, the neighborhood committee, the police station and the property company with Mr. Yin.

After a large number of investigation and evidence collection, it was initially learned that the 2 32B houses bought by Mr. Yin were sold to Zhang in 1996, and in September 1998 he handled the real estate certificate in the land department, and handled the formalities of house purchase in the same period.

For the sale of housing, it is obvious that the developers do not know or "careless".

In accordance with the understanding of the parties, in this case, developers also notify them to handle the corresponding procedures, in fact, is deliberately deceiving and playing with.

To this end, Mr. silver once again filed a lawsuit, and asked developers to double compensation for purchase and other losses totaling 660 thousand yuan.

A district court in Shenzhen accepted the case in April 2002. The court's household registration data obtained from the police station further confirmed the fact that 2 32B houses had handled other people's accounts.

However, in the court trial, the developer changed his previous attitude, and suggested that the two sides had already agreed to modify the purchase contract. The contract "2 32B" was changed to "1 32B", and the vacant 1 32B houses had been vacated, and Mr. Yin could check in at any time. Meanwhile, 3 house purchase contracts which had been altered to "1 32B" were submitted.

At the same time, the court hired a specialized agency in the trial to evaluate the decoration cost of the "2 32B", and the value was assessed at 31092 yuan.

Because the two sides failed to settle the dispute, the court made a first instance judgment in December 2002. It was considered that the original and defendant sides amended the contract target to 1 32B rooms, which is the change of the contract target. The two sides decided to confirm that the two parties signed the real estate sales contract after the signing of the contract in November 1998. The two parties should continue to perform the contract. The defendant (developer) paid 31092 yuan for the plaintiff's decoration fees, and dismissed other plaintiff's claims.

The case acceptance fee is 11665 yuan and the assessment fee is 1000 yuan, which is borne by the plaintiff by 10665 yuan.

With such a verdict, Mr. Yin was really very sad and angry.

After a lot of investigation and evidence collection, Mr. Yin initially learned that 2 32B houses were sold in 1996, and developers had intention of deliberately deceiving and playing with them.

When the lawsuit was brought up again, the developer changed his previous attitude and submitted 3 contracts for the purchase of 1 house 32B.

It is unacceptable for anyone to buy property, which is fair and honest.

Mr. Li revisited the case with Li lawyer again, and went to the relevant department to get the witness contract of 2 32B at that time. For the first instance judgment, he put forward four reasons for appeal: first, there was no confirmation on the 2 alterations to 1 buildings; two, the evidence of the original 2 32B's purchase contract, such as the documents, the subscription book, the purchase invoice and so on, were still kept in a department of the land and Land Bureau, which fully proved the fact that the contract target was 2 32B; three was that the developer admitted in the first respondent pleading that the 1 32B real estate certificate was a mistake in the certificate; four was based on the provisions of the Supreme People's Court on civil evidence, the developer advocated that the contract change should bear the burden of proof. For this reason, silver

And continue to require developers to double compensation.

At this time, the Supreme People's Court promulgated the interpretation of several issues applicable to the trial of disputes over commercial housing sales contracts.

After the case was accepted by the Shenzhen intermediate people's court, a collegial panel was formed to hear the case.

Before the court session, the careful lawyer went to the land department again to inquire about the property archives. He found that the 1 32B real estate certificates approved in December 1999 were invalid. The room was registered in the name of the developer in May 2003, and the registration price was only RMB 160 thousand yuan.

According to the trial of the court of second instance, the appellant (developer) deliberately concealed the fact that the "2 32 B" sold to others had been sold to others. The real estate sales contract signed by the fraudulent means and the Appellant was a revocable contract in accordance with the law.

In October 2003, the Shenzhen intermediate people's court decided to cancel the "Shenzhen real estate sales contract" signed by November 1998 on the basis of relevant laws and regulations. It ultimately decided that the appellant (developer) returned the appellant to double the refund of the purchase amount and the total refund of the interest on the purchase price, the certificate fee, the membership fee, the authentication fee and the membership fee, etc. the total amount was more than 630 thousand yuan.

At this point, Mr. silver finally recovered his justice in front of the law.

The case is the first case of Double Indemnity of commercial housing fraud which was confirmed by the Shenzhen intermediate court in the Supreme People's Court on the interpretation of several issues applicable to the trial of disputes over commercial housing sales contracts. It not only shows the courage of the judges in the SAR, but also creates a precedent for the double compensation of the real estate industry in China. It also has a very important guiding significance and market significance in the future judicial practice and real estate operation.

Mr. silver refused to accept it and filed a lawsuit again.

At this time, the Supreme People's Court promulgated the interpretation of several issues applicable to the trial of disputes over commercial housing sales contracts, and the lawyer carefully discovered new evidence.

The appellant (developer) double refund the purchase amount and the total refund of the interest, certificate fee, membership fee, authentication fee and membership fee of the total amount of more than 630 thousand yuan.

The lawyer's comment on "honesty and credit" is the basic criterion of civil activities. In violation of the principle of good faith, we should pay the corresponding price of honesty.

In addition to China's consumer rights and interests protection law in the field of consumption in the first place on fraud, double compensation standards, the Supreme People's Court on the trial commercial housing sales disputes disputes applicable law interpretation of several issues also clearly stipulates that the developer of the real estate fraud, double compensation standard.

It has aggravated the duty of honesty of real estate developers, which is undoubtedly a great progress in the law.

In this case, the intermediate people's Court of Shenzhen and its judges apply the double compensation standard clearly and accurately, which will play a positive role in promoting and warning the regulation of the real estate market order and safeguarding the rights and interests of consumers.

We look forward to the introduction and implementation of double compensation standards in more fields.