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Junior Linxian newspaper correspondent in Wenzhou newspaper reporter Miao Lina,Louboutin Souliers Plat
This is a county court in the lawsuit,http://zc682.com/forum.php?mod=viewthread&tid=37179, but eventually alerted the High Court in the case of real estate defaults.
In these days,http://blog.cantaman.com, the real estate company to pay more than 100 owners finally paid 7.21 million yuan, can be dragged more than four years in the case, there are many worthy Property owners need to seriously lessons learned, the most important one, is sure to carefully look at the terms of the contract, the developer can not be led by the nose.
In the end how it is, let's talk about from July 2006.
Contracts signed it did not look carefully,http://bbs.91ab.cn/forum.php?mod=viewthread&tid=145311, trouble came
July 2006,Louboutin Homme, 115 owners from Wenzhou Wenzhou heyday Real Estate Development Co. bought the sale of real estate, Dongmou is one of them.
At that time real estate developers get drafted contract, roughly looked feel nothing big problem, hurry signed the contract. "Dongmou say, but is this a sign rush, then more trouble dealing with them.
Accordance with the contract, October 31, 2006, real estate to acceptance, delivery. May no one thought that the real estate to February 2007 before acceptance, and that it has not run housing ownership certificates and land certificates.
So, buy the 115 owners of the company opened angrily to court to require the company opened compensation submitted late, late Rush two penalty.
However, the company opened very sure of winning the lawsuit, they told the owners, the contract carefully to see it, you signed a contract for the sale at the time,Louboutin Soirée, had already given up late penalty to get a permit requirement, companies do not lose!
In the end is what kind of contract?
Contract suspected a trap, right here
In the contract dispute in this passage:
If for room to open the company's responsibility, the buyer can not get the real estate ownership certificate within the prescribed period, the two sides agreed to deal with the following paragraph 3:
1. Check out the buyer, the seller in the buyer from the date of the check-out requirements × days will be refunded to the buyer paid the buyer Fangjiakuan press has paid compensation for the buyer ×% loss.
2. The buyer did not check out,Louboutin Escarpins, the seller paid by Fangjiakuan ×% pay liquidated damages to the buyer.
3. The buyer did not check out, the seller with the buyer to handle real estate license, related taxes and related expenses borne by the buyer. "
Item 3 on the hands of the owners of the contract, the company opened ticked Dongmou who see not a close look at the time got the contract.
Now to court, and the passage of people, "entangled" the.
Agent 115 owners to court Zhejiang Zhongxin Xu Liang law firm lawyers say one of the "secret": 3 treatment, the former two are referred to the compensation,http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=46&page=2", but only say the owners item 3 with, stop talking no mention of compensation, and the company opened to the owners of the contract "just" we chose this first three.
"Developers say 3 option contracts are exclusive,http://www.marineelectronicsjournal.com/how_to_buy.cgi, the owners chose to paragraph 3, it means giving up the previous two, which is to give up the overdue accreditation penalty,http://www.dingnan.org/bbs/forum.php?mod=viewthread&tid=718192, so they think without compensation but the owners believe, The three choices are parallel in nature, choose the item 3, the owners can explain you willing to cooperate with the card, but it does not mean to give up the claim of power. "The lawyer said Xu Liang.
A legal profession also told reporters that, in fact, the problem is in this "word games", the contract terms glance no big problem, but a problem,http://bbs.liongon.cn/home.php?mod=space&uid=31537, should be held up as something scratching their heads: "If the first three options in a clear breach the case of gold, everything is gone, but the real estate company has 'chosen not to write' and inexperienced home buyers if not carefully look, it is easy to put pen to paper signature, eventually leaving the troubles. "
First Instance upheld the opposite, finally alerted the High Court
September 2007, filed a lawsuit to Cangnan Dongmou court to require the company opened compensate overdue accreditation penalty.
Cangnan County Court of First Instance, the final support developers, rejected the claim for compensation overdue accreditation Dongmou penalty appeal.
Dongmou refused to accept the appeal to the Wenzhou Intermediate People's Court,http://www.ma.ccnw.ne.jp/deai/asobi/bbs2/joyful.cgi.
Court has given an opposite judgment, they believe that the parties have not agreed overdue accreditation liquidated damages in the contract,Louboutin Mariage, according to "have agreed the agreement, no agreement from the law" rule, the company opened a permit shall be liable for liquidated damages according to the law overdue .
At this time, it is already October 2008. Dongmou a lawsuit to win, the other owners soon followed suit, have on the liquidated damages to the room to open the company to court.
For the second trial against the result, has not satisfied the company opened last April, they appeal to the Wenzhou City Procuratorate, Wenzhou City Procuratorate also reported up to this situation. Ultimately, this tangled case raises the High Court, the Provincial Procuratorate attention.
As many parties, the local procuratorate subsequently launched a civil, administrative appeals mediation mechanism, owners and room to open the company reached a settlement agreement, the company opened the owners agreed to pay compensation payments 7,211,884 yuan. At present, compensation payments have been paid in full. |
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發表於 2015-6-25 23:13:31
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