This may be the only second-hand housing dispute case in the country:Basic facts of the case:Sold the house in 2015, six years later (2021) entrusted the author to make a claim, eight years later (2023) the arbitration awarded the buyer to compensate the seller for 1.2 million losses in addition to the contract price, and nine years later (2024) the implementation was in place!
In March 2015, the client (seller) was in custody due to the case, entrusted his spouse to ** the real estate involved in the case, the transaction price was 13 million, and it was agreed that the buyer would pay 500,000 yuan within 10 days of signing the contract, 5 million yuan within one week after delivery, and pay the balance of 7.5 million yuan after the transfer, and the seller would deliver the house before May 30 of the same year.
On April 16, 2015, the customer's spouse handed over the house, because the buyer concealed the fact that he did not have the qualifications to buy the house, until November 2017 (two years later) after obtaining the qualification to buy the house, the two parties went through the transfer procedures, and the buyer's balance of 7.5 million yuan was not paid until two and a half years after the delivery.
In 2021 (six years later), the customer came to visit and consult, believing that the buyer had signed a contract fraudulently and the contract was invalid, and asked for a refund for check-out.
In November of the same year, the client entrusted the author to apply to the Shenzhen Court of International Arbitration for arbitration, demanding that the buyer pay the losses caused by the delay of more than two years due to the lack of qualifications to purchase the house.
During the trial, the buyer argued that the delay in the transfer was caused by the fact that the customer was in custody and could not do the notarization and could not complete the transfer, and the author argued that the final transfer power of attorney was not notarized, and even if the notarization was entrusted, the buyer could not complete the transfer because the buyer did not have the qualifications to purchase the house.
On October 10, 2023 (eight years later), the Shenzhen Court of International Arbitration ruled that the respondent (buyer) should compensate the claimant (customer, seller) for losses of RMB 1.2 million!
After the ruling, because the buyer failed to take the initiative to perform, the customer entrusted the author to apply for compulsory enforcement, and in February 2024 (nine years later), 1.2 million compensation was executed to the customer's account.
Nine years after selling the house, in addition to the contract price, he recovered a loss of 1.2 million for the seller, which is estimated to be unique in the country!
6.98 million! Following 7.3 million, Shenzhen reproduced the "sky-high" second-hand housing liquidated damages!
Case Analysis: There is a deviation in the buyer's defense, which leads to the seller's victory
Objectively speaking, when accepting the case, the author is not completely sure whether the case can be won, because although the buyer concealed the fact that he did not have the qualifications to purchase the house, on the one hand, the client did not have sufficient evidence to prove that he had raised an objection, and on the other hand, in November 2017, after the buyer obtained the qualification to purchase the house, he cooperated with the buyer to go through the transfer procedures, and the buyer could make the defense that "the seller did not object, and cooperated with the transfer, that is, in fact waived the right to claim compensation".
However, during the entire arbitration process, the buyer only made the defense that "the customer is in custody, and the transfer cannot be made due to the failure to do the notarization, and the responsibility for the delay lies with the customer", but did not make the defense that "the customer does not object, cooperates with the transfer to continue the transaction, and will not be pursued with actual behavior", that is, the author claims that the buyer has delayed the transfer for more than two years, and the buyer should make the defense of "consensual extension", but makes the defense that the reason for the delay in the transfer is the seller, which is equivalent to agreeing with the fact that the transfer is delayed!
If the buyer changes the core defense point to the customer knows that he is not qualified to buy the house and has no objection, and the parties agree to wait for the transfer of the property after the buyer is qualified to buy the house for more than two years, the result of the award may be very different.
After buying a "green house" for 14 years, he was sued by the property owner and returned! Court Results.
Conclusion:
1. Litigation is the process of determining and implementing dispute resolution: the greatest value of a lawyer lies in the core solution, that is, the litigation strategy, that is, the ideas, ways, methods, and channels for resolving disputes, which are similar to war strategies and action plans, and solve the problem of "how to fight a lawsuit". Such as the buyer in this case), so the value accounts for at least 50% of the lawyer's fees!
2. @张茂荣律师团队, the core solution consulting starts from 5,000 yuan per hour, compared with tens of thousands of real estate disputes and tens of thousands or hundreds of thousands of lawyer fees, you can make a lot of money for paid consultation!
Good things must be valuable, and how expensive, when you are blinded by free consultation, to choose a lawyer, eager to lawyer all free to serve you, there is a high probability that you will fall into the abyss and regret it!
Highly recommended reading: Shenzhen lawyers: The truth about free legal advice!