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A typical case of Contract and Risk Warning

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"Land to the tiller, Home Ownership" is our nation and humankind for thousands of years fighting over endless life, housing and land is an important material basis to achieve this ideal can not be separated even for a moment. With the continuous progress of human society, housing as a human society must subsistence various social and legal relationships it generates has become the social focus of all stages of development of human society concerns. Yubei Court accepted the last two years of commercial trade dispute cases 2642, people now choose to prevent the purchase risk Ikunori typical case of objection to publish, and accordingly make the purchase to avoid the risk of tips.

First, oral advertising and sales promotional materials on staff commitment can not be gullible
Typical Cases Introduction: The hospital on January 8, 2014 accepted the plaintiff and the defendant, but Kang Vanke real estate sale contract dispute case. The petition for an order: 1, revocation of the plaintiff and defendant both sides signed the "Chongqing City real estate sales contracts"; 2, the defendant compensate the plaintiff for loss of 1,271,533 yuan.

2010 Vanke defendant stated in its development and construction of "Vanke Hyatt House" villa real estate sales promotional materials in each villa "side by side double parking spaces planned for the convenient parking garage is much higher than the current market high garage space to lifted The grand opening as a respected life. " The defendant highly publicized double parking design fits an important condition for the plaintiff to buy housing, because real estate is still under construction at that time, according to the plaintiff the defendant introduced salespeople, written promotional materials and other information to determine the size display model bought a house . However, the contract supplemental agreement Annex V. Article 23 agreement "both parties have agreed to the contract and its annexes agreed upon between the parties to determine the content of the right to an effective basis for the final obligation. Intent and the parties in the transaction process information expressed orally, does not constitute a contract, the two sides is not bound. If the commercial publicity materials, sales brochures, real estate model, advertising, the model and other information relevant to the real estate, the party has been clear not constitute an offer, does not belong to delivery standards or trading conditions, does not constitute a contract, both parties unfettered. promotional materials made by the Party, sales brochures, advertising content in the contract has been made additional agreement to the contract shall prevail. " Eventually, the hospital in case of unsuccessful mediation, can only be based on facts and the law as the criterion, the judgment dismissed the plaintiff's claim.

Risk Warning: buyers can not believe verbal promises of advertising and sales promotional materials on real estate developers, if verbal commitments set out on the promotional materials advertising and sales staff is an important condition for you to buy the house, it must be related to Shipping and commitments recorded in the contract.

Second, real estate developers over the contract term does not apply to buyers of real estate title deed shall be liable for breach
Typical Case: I hospital in 2014 have accepted the plaintiff Yin Li et al. V. 46 north of the city of Chongqing defendant Properties Limited (hereinafter referred to as the North City Corporation) real estate sale contract dispute. According to the purchase contract, the company shall Beicheng submitted within two months after, for the purchase of real estate the right to apply for a certificate, but Beicheng companies are overdue accreditation, so I hospital in accordance with the law and the contract, sentence the defendant company north of the city, to the Housing paid section as the base, according to the daily ten thousandths calculated by day to pay the plaintiff overdue accreditation penalty.

Risk Warning: Chongqing City real estate market real estate warrants handled within the time limit is usually two months after the delivery of housing, usually by the purchase money paid for the base, ten thousandths of daily interest calculation overdue accreditation penalty, but the specific content to purchase the contract shall prevail, if the developer fails Rush, buyers should actively advocate their rights, according to the developer refused to pay liquidated damages, buyers can protect their interests through legal means.
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