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After Southern News reporter Li Yakun 3.30 Real Estate Deal,air max 90 pas cher, skyrocketing housing prices in Shenzhen, sellers appeared a wave of defaults. July 19, Longgang District People's Court sentenced a breach of the seller under the contract transaction price 20% compensation for the buyer, and bear court costs and maintenance fees. Since the court has discretion in liquidated damages proportional earlier liquidated damages are rarely sentenced to 20% top grid. This time the top grid Panpei are considered likely to become a benchmark court handling such cases. & Nbsp; & nbsp; & nbsp; & nbsp; Housing Price rocketed seller requires termination
Someone's property is located in Shenzhen Sakata top grade Nga, housing construction area of 88 square meters. Buyers and sellers on March 14 this year, signed a contract for the sale, the agreed transaction price is 220 million.
Contract traded that day, the buyer paid 100,doudoune moncler femme,000 yuan deposit,http://211.86.128.2/gjjl/Review.asp?NewsID=595, and for financial supervision at March 30, amounting to 490,000 yuan regulators. April 20, loan commitments issued by the bank book.
However, the March 30 New Deal real estate adjustment, skyrocketing housing prices in Shenzhen, enter in April, far more than the market price of the property price date of the contract. Acting Commander week case lawyer said,moncler pas cher, according to the assessment in June this year, the third-party organization, which sets of real estate market price to 2.8 million.
April 22, the seller issued a notice of termination on the grounds that "the existence of an oral lease involving real estate, the tenant does not agree to move ahead, and advocated pre-emptive rights." It is understood that the current prevailing second-hand housing contract for the sale, the seller has expressly agreed to give up right of first refusal to guarantee the tenant to terminate the contract and the handover of flats.
May 5, the buyer will be sellers appeal court. Longgang District People's Court ruled that the parties expressly agreed in the contract the seller to ensure that the tenant right of first refusal to give up and to ensure that cross-front lifting of the lease contract, the seller refused to cancel the tenant now began to unilaterally terminate the contract and other reasons,http://www.ciscoclub.com.cn/home.php?mod=spacecp&ac=blog&blogid=, already constituted breach of contract.
Since the presence of other property disputes, forced transfer of the contract to continue to fulfill the conditions no longer exist. Therefore supports the Court of First Instance in accordance with 20% of the contract price to bear liability for breach,http://bbs.0379gou.com/forum.php?mod=viewthread&tid=6533800&extra=, the seller was sentenced to refund the deposit 100,000 yuan, 440,000 yuan compensation for breach of contract. While case acceptance fee 4600 yuan and 3220 yuan maintenance costs are also borne by the defaulting party.
Top box or a wind vane Panpei
Shenzhen, more than real estate lawyer told reporters the South, the current second-hand housing transactions contract liquidated damages is generally 20 percent, or double the deposit contract sale price. However,http://web.dnspok.com/2041/news/html/?344.html, in judicial practice,http://www.youjizz-ba.com/forum.php?mod=viewthread&tid=8784381&fromuid=5398, courts liquidated damages proportion has discretion, usually in the 10% proportion of the price, and more time to 15 percent, rarely to 20%.
The Southern Reporter also learned that, in this year's wave of defaults in Shenzhen,http://www.menqiu.com/home.php?mod=spacecp&ac=blog&blogid=, more than second-hand housing transactions involved buyers litigation group also went to court, hoping the court will support 20% of liquidated damages, in order to increase the cost of the seller's breach of contract.
Commander Zhou said,woolrich outlet, a wave of defaults case 3.30 after the New Deal, now mostly did not judgment. In his view, the judgment of the Longgang court for the case could become a benchmark overwhelmed by a wave of defaults in court decisions.
Why top grid Panpei case,piumini woolrich, Zhou Commander think one of the reasons the seller breach more serious nature. According to reports, after the proceedings, require the seller to the buyer with the lifting of regulatory capital. If the seller does not fit the 49 million will be frozen for up to six months, the buyer will suffer greater losses. But sellers have been reluctant to cooperate,http://www.fordteams.com/home.php?mod=space&uid=283412, and in order to blackmail buyers, buyers want to accept the double liquidated damages closed in mediation, more serious nature.
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