On a sunny day in 2019, Ms. Li, under the guidance of an intermediary, fell in love with Huang's house at first sight. The geographical location and ** of this house are as she wishes, so she did not hesitate to sign the "Housing Sale and Purchase Intermediary Agreement" with Huang, and has paid up to more than 1.27 million yuan for the purchase of the house.
However, fate is like a naughty boy who plays tricks on people, and what Ms. Li doesn't know is that Huang has mortgaged the house he likes to a microfinance company, and all the more than 100,000 yuan he received was used to repay his personal debts. Later, because Huang was unable to repay the money from the microfinance company, the house was judicially sealed by the people's court, resulting in the inability to complete the transfer procedures. Ms. Li repeatedly negotiated with Huang in the hope that he would fulfill the contract, but Huang was unable to handle the transfer of ownership or return the money collected because the money had been misappropriated by him to repay other debts and daily expenses.
Ms. Li fell into a dilemma of "empty money and house", and in desperation, she sued Huang to the Jing'an District People's Court. After accepting the case, the court found that there were three other housing sales disputes hidden behind the house, and the subject matter of the lawsuit exceeded more than 2 million yuan. What's even more shocking is that because Huang was suspected of economic crimes, the court transferred the relevant case materials to the public security organs. In October 2023, the public prosecution filed a public prosecution with the Jing'an District People's Court on the grounds that Huang had committed contract fraud. After trial, the court found that from November 2019 to October 2022, Huang concealed the fact that the house involved in the case was mortgaged and sealed, and successively signed a real estate sales intermediary agreement or a sales contract or a purchase deposit contract with Ms. Li and six other buyers, and collected a total of 2.34 million yuan from the purchase price or purchase deposit. A house was sold to seven sellers, and none of the TV series had ever been filmed like this, which can be described as audacious, and it was obviously fraud, and after identification, the defendant Huang's behavior constituted the crime of contract fraud.
In accordance with relevant laws and regulations, the Jing'an District People's Court sentenced Huang to 10 years in prison. Below we analyze and discuss this case.
First of all, this case reveals the importance of property rights research before buying a home. Although Ms. Li was satisfied with the location and ** of the house, she did not conduct a serious investigation of the property rights of the house, resulting in the final purchase of the house could not be transferred, resulting in huge losses. Buying a house is a major economic decision, and buyers should fully understand the property rights and mortgage of the house, and understand the real transaction of the house through legal channels to avoid being deceived.
Secondly, this case involves a number of disputes over the sale and purchase of houses, which shows that there are some criminals in the real estate market who take advantage of legal loopholes to seek personal gains. Huang used the same house to multiple buyers, taking advantage of the loophole that the buyers did not have a comprehensive understanding of the property rights of the house, and defrauded a huge amount of purchase money and deposits. This method of "seven sales per house" not only damages the rights and interests of home buyers, but also has a negative impact on the credibility of the entire real estate market. Therefore, we call on the relevant authorities to strengthen the supervision of the real estate market, regulate trading behavior, and eliminate the occurrence of such fraud at the root.
In addition, Huang's conduct in this case was found to be the crime of contract fraud, which shows the determination of the law to crack down on contract fraud. Contract fraud is a criminal act that uses deception to achieve the purpose of illegal possession, which seriously damages the normal conduct of legitimate transactions and the realization of the principle of fairness. For the crime of contract fraud, the public security organs and judicial organs should actively investigate and punish it, protect the legitimate rights and interests of home buyers, and maintain social stability and fairness.
Finally, in this case, Huang was sentenced to 10 years in prison, which reflects the law's severe attitude towards the crime of contract fraud. Criminals who create and participate in contract fraud shall be pursued for criminal responsibility in accordance with law, and given heavier punishments in accordance with law, so as to have a strong deterrent effect. At the same time, buyers should also be vigilant, enhance legal awareness, abide by the contract, and protect their rights and interests.
To sum up, this case of "one house for seven sales" contract fraud has attracted the attention of all sectors of society. These victims' money is squandered to pay off their personal debts, resulting in an inability to repay the victims' financial losses, even if the house is auctioned. It is estimated that it will be difficult for these victims to recover all their losses in the end, which can be described as heavy losses.
Through the analysis and discussion of this case, we should realize the importance of property rights investigation before buying a house, and at the same time strengthen the supervision of the real estate market and crack down on contract fraud. Only in this way can we effectively protect the legitimate rights and interests of home buyers and maintain the fairness and stability of the real estate market.
Reference**i Jiupaixin: "One house and seven sales" defrauded the purchase price and deposit of 2.34 million, court: 10 years in prison.