 Posted: Thu 14:33, 15 Aug 2013 Post subject: Out by the case of real estate control policies in |
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| 's first case of the third suite judgment trade dispute. In April, Beijing For successive wielding heavy curb, where on April 30 issued a "Beijing Municipal Government implement the State Council resolutely curb housing prices in some cities file notice" the most severe,hogan outlet, "notice" to improve a second home loan down payment percentage,louboutin pas cher, and suspended the third set of housing loans. This is called "ten new countries" policy was unveiled in the city part of the court set off a "breach of contract" tide, some of the original plan to buy third home buyers,gucci outlet, because they can not obtain bank loans have been made to terminate the contract. April 12 this year, Mr. Zhang Miss Song signed a contract with the owner to purchase located in Haidian District Landianchang Evergreen Park, a housing, housing total turnover of 555 million yuan, Zhang plans loans 2,000,000 yuan to buy. The next day, he was Miss Xiang Song paid 150,000 yuan deposit. But in the course of processing loans Zhang, because of "ten new countries," introduced,hogan, can not get bank loans. For this he go to court for the lifting of the sale of housing with Miss Song,louboutin, and ask for refund of deposit. Trial, Mr. Zhang and his wife, Ms. Ma provided the marriage certificate, and come up with two real estate license, indicating the two were registered under the name of Haidian District, Chaoyang District,hollister outlet, set each property. Although homeowners Miss Song had no objections,louboutin, but she believes that the two contracts real and effective, and the contract which has been agreed that if people buy a house loan is not approved or ratified less than the amount of loans,louboutin pas cher, buyers should make up the first payment. Therefore not subject to the ten new countries limit on housing loans, the contract shall be executed. Court that, according to the relevant regulations, Mr. Zhang has reached two family housing cycle of songs, so involved in housing is the "new country" under the third suite, belonging to suspend loans range. After the founding of the New Deal led to the contract does not belong to an objective situation has a significant business risk changes is Mr. Zhang in the contract can not be foreseen, if asked Zhang to continue to perform the contract, its obviously unfair. Zhang requested the court to cancel the contract therefore its legal basis, Miss Song Zhang must return the deposit has been paid $ 150,hollister,000. Judge explained the case >> case verdict reference to industry practice case the trial judge Cao Li said that although the two sides signed the contract in this case belongs to a valid contract, and the contract has not been approved for the case of bank loans made agreement, But combined with other terms of the contract and the sale of housing industry practice to explain, is the result of people buy their own reasons caused by the loan is not approved, rather than resulting from a loan for any reason not approved. Therefore judge reminded the House buyers and sellers: contract performance approach is an important part of the contract, if the contract is signed after the policy change,louboutin pas cher, resulting in performance of the contract means a party can not be achieved or manifestly unfair, contractually changed circumstances, a party may request the court according to terminate the contract.
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