According to Article 151 of the Civil Code, if one party takes advantage of the other party's distress or lack of judgment ability, resulting in the establishment of a civil juristic act that is obviously unfair, the injured party has the right to request the people's court or arbitration institution to revoke it.
Combined with the relevant cases, it can be concluded that the conditions for the court to terminate the contract on the basis of the relevant manifest unfairness are relatively strict, and the following conditions must be met before the relevant commercial housing sales contract can be determined to be terminated accordingly.
First of all, according to the rights and obligations of both parties to the agreement on the sale and purchase of commercial housing, it is necessary to judge whether there is an obvious unfair position to the buyer or seller, and whether to measure whether the benefits obtained by them violate the provisions of the law or the relevant customary transaction principles, and pay special attention to the degree of obviousness.
Secondly, it is necessary to look at the profit in the process of buying and selling commercial housing.
Whether one party is forced to accept the terms of the contract by taking advantage of its own advantageous position, or taking advantage of the other party's inexperience, lack of relevant professional knowledge and the other party's impatience. Finally, it is necessary to see whether the parties of the two parties have a genuine expression of intent when entering into the contract.
When a dispute arises in the contract for the sale and purchase of commercial housing, if one party requests to terminate the contract and the other party requests to continue to perform the contract, in this case, most courts currently focus on promoting the continued performance of the contract, but if you want to terminate the relevant commercial housing sales contract, you need to prepare relevant evidence from the above aspects.