Ms. Zhang, an ordinary salaryman, bought a small commercial house with her husband. Although the house is not large, it is enough for them to meet the needs of life. What's more, this is the first house of their own in this big city that they have worked hard for many years.
However, fate always seems to like to play a joke on people. In the third year after the purchase of the house, Ms. Zhang's father suddenly became seriously ill and was hospitalized. In order to take care of her sick father and children who are not in school, Ms. Zhang had to quit her job. However, due to the loss of income** and her father's medical bills, she was unable to repay the mortgage.
In order to raise money for treatment and ease the burden, Ms. Zhang had to sell the house, which had been provided for three years. She took the information to a nearby agent for consultation and listed the house**. However, no one has come to inquire about the price, which makes Ms. Zhang, who is already in financial trouble, feel very anxious.
She asked Ms. Yuan, the intermediary staff she docked with, many times, why no one came to see the house. Ms. Yuan calmly told Ms. Zhang that the real estate market is now sluggish, and this ** is not easy to sell. She suggested that the house price be reduced by 300,000 yuan and listed at 9,000 yuan per square meter, and many people would be interested.
Since Ms. Zhang took care of her father in the hospital every day, she had no time to pay attention to the real estate market, and she was in urgent need of money, so she could only believe Ms. Yuan's statement and agreed to sell the house for a total price of 870,000 yuan. This means that three years ago, Ms. Zhang bought a house at 12,000 yuan per square meter, and three years later, she sold the house at 9,000 yuan per square meter, a loss of 3,000 yuan per square meter, and this does not include the cost of the loan she has repaid for three years.
After the transaction was completed, Ms. Zhang received the money. However, then she learned that the person who bought the house turned out to be Ms. Yuan's husband, and the two often went in and out of her house, and it was estimated that they had moved in.
Ms. Zhang immediately felt bad and immediately went to consult another nearby agency. After comparison, the agent told Ms. Zhang that her house is now worth 1.1 million yuan, and as long as it is really listed**, there is no need to worry about no one wanting it.
Ms. Zhang therefore guessed that Ms. Yuan did not really list ** house for her. Ms. Yuan may have deliberately waited for Ms. Zhang to urgently need money before forcibly lowering the price and then asking her husband to buy the house. In this way, Ms. Yuan will be able to make a bigger profit.
After learning the truth, Ms. Zhang immediately approached Ms. Yuan to ask for an explanation. Ms. Yuan claimed that as long as someone was willing to buy a house, it was her duty. She argues that in the course of the transaction, Ms. Zhang was not forced to sell to her husband, and therefore the transaction was legal.
In addition to insisting on reversing the transaction, Ms. Zhang also demanded that Ms. Yuan bear the relevant costs, including the case acceptance fee, the intermediary fee, and the unpaid utility bills of the house.
Uncle Guo's point of view:
1.In the case of urgent need of funds, Ms. Zhang solved her urgent need by lowering the house ** and relieved the pressure of the loan. Even if you lose some money, you can at least get some returns.
2.Ms. Yuan's advice in the face of declining housing prices is reasonable. If the house is too high, no one may want to buy it, which is even more disadvantageous for Ms. Zhang. By lowering the ** to facilitate the transaction, you can at least get a part of the money back.
Aunt Qu's point of view:
1.Ms. Yuan took advantage of Ms. Zhang's current predicament and deliberately depressed housing prices to gain unfair benefits. Ms. Yuan knew that Ms. Zhang was in urgent need of funds, but she sold the house to her husband first, and then lowered the ** when Ms. Zhang was unable to refuse, which was obviously malicious speculation.
2.By asking Ms. Zhang to pay the agency fee and the house's utility bills, Ms. Yuan continued to extort Ms. Zhang in the name of fake legality. According to the normal procedure, if the transaction has been reversed, neither the intermediary fee nor the utility bill should be paid by Ms. Zhang.
Now, as a lawyer, I'm going to give some legal advice on the legal issues involved in this story:
1.Regarding the legality of the transaction: According to the relevant laws and regulations, the sales contract must be voluntarily concluded by the parties, and the other party shall not be coerced or defrauded. In this story, Ms. Zhang was advised by the agent to lower the house price without knowing enough**, which led to huge financial losses. Although there is no explicit legal provision prohibiting the conduct of intermediaries, intermediaries have an obligation to provide professional advice and services, and should focus on the interests of their clients and provide truthful information. According to this principle, Ms. Yuan may have committed fraud, so Ms. Zhang can file a fraud lawsuit with the court and ask for the transaction to be reversed.
2.Regarding the cost bearing: According to the relevant provisions of the sales contract, unless otherwise agreed, the brokerage fee shall be borne by the buyer. However, in this story, Ms. Yuan demanded that Ms. Zhang pay 10,000 yuan in agency fees and the house's unpaid utility bills. From the point of view of reasonableness and fairness, this is not reasonable. Therefore, if Ms. Zhang can prove Ms. Yuan's fraud, she can ask Ms. Yuan to bear all the costs.
In summary, if Ms. Zhang decides to sue Ms. Yuan and can provide relevant evidence to prove Ms. Yuan's fraud, she has a good chance of winning the case in court and requires Ms. Yuan to bear the full costs.
The end of this story leaves room for the reader's imagination. Was it Ms. Zhang who was able to overcome the adversity and continue to pursue justice? Or will she be forced to accept the immediate loss? Only the reader himself can give the answer.