To the compensation that the contract agrees, tan states how “ should do, how to do ” , do not agree to fulfil a contract however. Both neither selling the home agrees to sell a house by the contract, also do not agree to undertake according to the agreement in the contract break a contact is compensated for. But under, yang Jing sued the person that sell a house in court of Baoan division people, applied for belongings to conserve at the same time, seal bargainor building interrogate and examine.
Civil judgment shows first instance, yang Jing agrees according to the contract that buy a house demand the other side pays subscription, penalty due to breach of contract, the responsibility that the other side offers beak a contract is absent the accused, and depend on Shenzhen of the 3rd person achieving brightness idle of the company that hire carry out at fulfilling a contract, bring about a contract finally to cannot be fulfilled. Tan Mou's house property is in mortgage status at that time, procedures of atone for building should do inside 50 days, because the 3rd person is barratrous,work, bring about accuser to cannot be dealt with smoothly according to contract agreement.
The court is found out, because action of atone for floor should be assumed accountabilitily by the accused, the duty that accordingly the contract did not perform also should be assumed by the bargainor. Forensic court decision, should return to accuser by the accused still subscription and pay penalty due to breach of contract.
House price goes low to sell the home buy the home to tell a court
House price from 2007 the end of the year goes low all the way to 2008. Once was as high as every square metre 16 thousand yuan house property, dropped cost price again this year in August 9000 yuan. In November 2007, tan Mou refuses to obey, to Shenzhen city intermediate people court puts forward to appeal.
On July 22, 2008, 2 careful adjudicate the court: Sell the home to return Miss Yang to buy room subscription merely, do not need to compensate for penalty due to breach of contract additionally.
Judicial judgment thinks, obligation of atone for building should be assumed by tripartite, and before atone for building, buyer mortgages formalities without manage of deal with according to law.
Buyer says, trade in house property after the contract is signed, use the method that has at the same time, bilateral agreement at the same time atone for building is dealt with at the same time mortgage.
On August 14, selling the home Mr Tan referred an indictment to the court again, tell Yang Jing the court. According to introducing, mr Tan thinks, close down in the court during house property, house property value encountered great shrink, make he cannot sell house property go out. He is very furious, the decision tells Yang Jing the court again, the requirement does not return 130 thousand yuan deposit, will offset his loss.
Miss Yang tells a reporter, during lawsuit, mr Tan talks things over to buy the issue of room subscription about returning through phone, short message and her all the time. Mr Tan says, since belongings after conserving, house price every square metre from before 9100 multivariate go up 16 thousand yuan. Because the court closes down,cannot sell later, house price falls again answer 9000 yuan or so. “ loss is very big! ”
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