Buying a house is a test for buyers, and millions of funds are handed over at every turn, and every buyer is apprehensive in his heart. Relatively speaking, selling a house is much easier, and under normal circumstances, finding a reliable agent can solve all the problems, just wait for the funds to arrive.
Before selling a house, Ms. Wu also thought so, but her recent experience of selling a house has made her subvert her cognition. Recently, Ms. Wu reported to the reporter of Nandu Bay Finance Society that her own set of **listing** in Shenzhen, with the deepening of second-hand transactions, the whole process revealed that something was wrong, so she suspected that she had fallen into a trap and was suspected of being defrauded by a "professional debtor", so she quickly called the police and chose to cancel the contract.
The reporter of the Bay Finance Society learned that because Ms. Wu had not suffered property losses, the case was not filed after the investigation; On January 9, the Shenzhen Real Estate Agents Association replied to Ms. Wu that there were irregularities in the broker's service process, but it involved real estate transaction disputes, and it was recommended to resolve them through legal means; Ms. Wu told the reporter of the Bay Finance Agency that she had filed a civil lawsuit with the court, requesting that the fact of contract cancellation be confirmed and that she would be ** in the near future.
Can you fall into the "trap" when selling a house? Is it because the seller is too attentive or not careful? Ms. Wu's experience of selling a home may bring some experience to other sellers.
Signing a contract late at night, the buyer becomes a ** person
The next day, the seller picks up a number of peopleThe agent ** said that the house is still for sale.
One night in November 2023, Ms. Wu received a ** from Liu, a real estate agent in Centaline Real Estate, who told her that she was ready to sign a contract with an interested buyer, and asked her to bring her real estate certificate and ID card and other relevant information to the store for negotiation.
According to Ms. Wu's recollection, it was not until about two o'clock in the morning that night that the buyer and seller negotiated and prepared to sign the contract. However, when it came time to sign the contract, buyer A suddenly told Ms. Wu that she did not have a place to buy a house, and she needed to sign the "Second-hand Housing Sale and Intermediary Service Contract" as her nephew B, and she signed the contract as the ** person of the sale.
Although Buyer A confirmed to Ms. Wu that he was the actual buyer, he only provided a copy of his nephew B's ID card when signing the contract, and did not provide any proof of identity.
Perhaps it was because her thinking was a little confusing late at night, and Ms. Wu just wanted to sign the contract and go home quickly, and she didn't notice anything wrong with this operation at that time. After signing the "Second-hand Housing Sale and Intermediary Service Contract", the intermediary Liu asked Ms. Wu to sign a "Confirmation of Change of Buyer's Subject", on the grounds that "Nephew B currently has no place to buy a house, and he will have it after getting married", so he should sign this document more for future transfers.
According to the Confirmation of Change of Buyer's Entity, the three parties agree to write the buyer's name in the name of Party C when signing the Shenzhen Second-hand Housing Sales Contract and property right transfer registration, and Party C will continue to perform the unfulfilled obligations of the original buyer (i.e., Party B) under the Contract for the Sale and Purchase of Second-hand Housing and Intermediary Services, the Fund Escrow Agreement, the Letter of Commitment for Commission Payment and the relevant supplementary agreements, and the original buyer (i.e., Party B) shall be jointly and severally liable for its (i.e. Party C) performance of the contract and other related obligations.
In the copy of the "Confirmation of Change of Buyer's Entity" provided by Ms. Wu, it can be seen that both the seller and the buyer have signed their names and fingerprints in the column, but the "new buyer" column is blank.
This "variation" contract means that when the transfer of ownership is made, Ms. Wu may transfer the property to a third party other than AB. "I sold the house to Party C, so who will pay me for the house? It is the buyer A and B who signed the contract; Or is it Party C of the transfer? Will the money be recovered? After all, buyer B who signed the contract can say that he did not receive the house, and Party C says that he has not signed the sale and purchase contract. Afterwards, Ms. Wu told the reporter of the Bay Finance Society that this contract may have certain risks.
But what made her wonder at first was not the contract problem, but the fact that she received ** bombardment from different agents the day after selling the house.
*Someone told Ms. Wu that her** was spreading special offers through different channels**. The houses have already been sold, why are they still on the market. This question made her feel incredible, "Is the house being listed by the buyer again?" Is the so-called Party C actually a new buyer they have found? For the first time, she began to wonder about the identity of the buyer.
After signing the contract, it is found that the actual buyer is a dishonest person
The seller questioned that he had met a "professional debtor".
A remittance that did not specify the reason for the transfer led Ms. Wu to investigate "who is sacred" the buyer.
On the first day after selling the house, Ms. Wu received a transfer of more than 100,000 yuan named C, and the postscript of the transfer did not explain the intention of the transfer.
Normal people must explain the use of the money when they buy a house. Because the payer is not a buyer, nor a ** person, nor an intermediary, he is a stranger who has no intersection at all, and he does not indicate the intention of making the payment, Ms. Wu recalled this series of things and found that it was strange and difficult to sleep.
The day after selling the house, Ms. Wu chose to call the police after thinking twice. Ms. Wu told reporters that at that time, ** indicated to her that it might be an ABC contract ** after the initial processing. However, in view of the fact that Ms. Wu has not suffered any asset infringement and the evidence is insufficient, the case has not yet been filed.
Ms. Wu, who was deeply disturbed, chose to rescind the contract on the third day after selling the house. She entrusted a lawyer to issue a Notice of Revocation of Contract to Centaline Real Estate ** (Shenzhen)**, requesting the revocation of the contract on the grounds that the buyer A did not provide proof of identity, the deposit ** was unknown, the proof of the entrustment relationship between the payer and the buyer was not received, and the power of attorney of the first person A and the buyer B was not received.
Afterwards, at the strong request of Ms. Wu, the intermediary sent Ms. Wu a ** through WeChat, the main content of which was that B entrusted A to sign the "Power of Attorney" of the "Second-hand Housing Sale and Intermediary Service Contract" for **; In addition, Ms. Wu also received a "confirmation letter of use of funds" from the intermediary Liu, which proved that the purpose of C's payment was the deposit paid on behalf of B.
Through this "power of attorney", Ms. Wu also clearly saw the name and ID number of the original actual buyer A. Then I checked on the Internet and found that A was a dishonest person, and there were more than a dozen enforcement cases in Beijing, Wenzhou, and Wuhan, with a large amount of unexecuted amounts, totaling more than one million yuan.
According to the consumption restriction order, the actual buyer A, as an "old man", was prohibited from some consumption activities, including the purchase of real estate or new, expanded and high-end renovated houses.
Ms. Wu told the reporter of Wancai Society that **Later, in a return visit**, she told her that after contacting the parties in the latest case, she learned that A owed the party a total of more than one million yuan and had not been repaid, and at the same time, in the communication, ** got a warning from the party "Do not do real estate transactions with A".
It is precisely because of this ** that Ms. Wu firmly suspects that A is a "professional debtor", and she may fall into the trap of real estate purchase and sale fraud.
The reporter of the Bay Finance Society noticed that the so-called "professional debtors" are people who are specially paid to bear debts for others, and such people are willing to go into long-term debts or even become dishonest judgment debtors of the court at the cost of obtaining high benefits immediately.
Ms. Wu believes that in view of the fact that there is a "Confirmation of Change of Buyer's Entity", and only one copy of the confirmation is at the intermediary, and the real buyer D has not signed it, when the house is transferred to D's name, even if the seller receives the purchase money from the bank that Buyer B has supervised with funds, it may eventually be sued by Buyer B to the court for recovery in the name of making the wrong money. Because buyer B can completely deny the existence of this purchase contract, all the faults are borne by buyer A, and A is a "laid" in the legal sense, and the seller has nothing to do with him.
The seller has filed a civil lawsuit
Lawyer: These are the circumstances that must be met to rescind the contract
It's just that the suspicion of "fraud" is just Ms. Wu's speculation, and although there have been similar cases before, the true situation of this case has yet to be further investigated and announced by the relevant departments.
As for the follow-up treatment, Ms. Wu told the reporter of the Bay Finance Society that she had repeatedly issued a "notice letter" to the buyer and the intermediary to cancel the contract, but the other party was still entangled in various ways, resolutely continued to perform the contract, and if she did not perform, she would be required to compensate for liquidated damages according to the contract. In December 2023, Ms. Wu filed a civil lawsuit, asking the court to confirm that the contract had been revoked.
It is worth mentioning that in November last year, Ms. Wu complained to the Shenzhen Real Estate Agency Association. In January 2024, the association replied, "After coordinating the client's refusal to cancel the contract, in view of the irregularities in the broker's service process, it will be reported to the association's self-regulatory professional committee for review and handling. ”
So will the legal approach solve her problem? Under what circumstances can the seller apply for rescission of the Second-hand Housing Sale and Purchase and Intermediary Service Contract?
Zhou Zhengfeng, a lawyer from Guangdong China Commercial Law Firm, pointed out in an interview with a reporter from Wancai that there are six main types of revocable circumstances for general contracts according to the provisions of the Civil Code: first, contracts signed based on major misunderstandings; second, a contract signed by one party by fraudulent means to cause the other party to enter into a contract against its true will; Third, a contract signed by a third party against its true will; Fourth, the contract signed by coercion to make the other party enter into a contract against its true will; Fifth, taking advantage of the danger of others, resulting in a contract that was obviously unfair at the time of its formation; Sixth, when there is no right to **, the counterparty of the contract has the right to revoke the contract before it is recognized by the ** person.
Lawyer Zhou Zhengfeng believes that Ms. Wu's rescission of the contract needs to meet one of the above six circumstances, and the above reasons are the first.
Articles 2, 3 and 6 may be used as one of Ms. Wu's reasons. But from a practical point of view, first of all, there is no obvious deliberate concealment and fraud by the buyer and the intermediary company; Based on the current situation, Ms. Wu is most likely to choose the sixth reason.
If A is a contract signed in the name of Person B**, it is necessary to examine the time when B recognized A**'s conduct and the time when Ms. Wu sent a letter to revoke the contract. Lawyer Zhou Zhengfeng pointed out that, however, the other reasons for the revocation of the letter were insufficient, and he was suspected of not being satisfied with the terms of the contract, not wanting to sell, and deliberately finding reasons not to perform the contract. In practice, the core of similar cases lies in how the intermediary company should state the signing process when it appears in court. If the intermediary company confirms that Ms. Wu has read the entrustment agreement of Entrustment A and presented the power of attorney at the time of signing the contract, then Ms. Wu will be very passive.
The reporter of Wancai Society learned that the factual reasons mentioned in Ms. Wu's civil complaint are based on the sixth point: "In view of the fact that the defendant 1 has never been able to provide the authorization to agree to the third party to sign the "Second-hand Housing Sale and Intermediary Service Contract", the plaintiff believes that the defendant 1 has never recognized the third party's ** behavior, so it issued a "Notice Letter" on November 25, 2023, revoking the "Second-hand Housing Sale and Intermediary Service Contract" signed with the defendant. "Defendant 1 is buyer B, and the third person is person A).
So in the second-hand housing transaction, how can the seller avoid pitfalls? As a professional real estate lawyer, lawyer Zhou Zhengfeng said that there are the following seven points to pay attention to.
First, first of all, it is necessary to check whether the buyer is qualified to buy a house, and also ask about the buyer's loan qualifications; Second, if you want to sign a sales contract with a person who directly purchases the property, if you want to sign the "Confirmation of Change of Subject", you can only sign one "Confirmation of Change of Subject", and you must pay attention to the time of the real buyer's signature on the "Confirmation of Change of Subject" in real time; Third, as far as possible, avoid the transfer of the contract price at a low online signing, which may have tax disputes in the future; Fourth, before selling, you should check whether your property has hidden defects in quality, and if so, you should do a good job of maintenance work in advance to avoid disputes over the delivery of real estate; Fifth, fulfill the obligation to disclose relevant matters. For example, the amount of mortgages, the use of real estate degrees, household registration, whether it is a murderous house, etc.; Sixth, when signing the contract, whether the performance sequence agreed in the contract conforms to the general process of second-hand housing transactions in Shenzhen. For example, the completion time of the seller's obligation to redeem and cancel the mortgage must be agreed upon after the buyer supervises the purchase price at one time or obtains a loan commitment letter; Seventh, after the transfer of real estate, the delivery procedures should be completed in a timely manner. As far as possible, do not adopt the method of after-sales leasing to avoid taking the risk of housing after the transfer.
Reporter Sun Yang of Nandu Bay Finance Agency.