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Boom in the property market caused by speculators is repeated breach
This year, the "11", 19 key cities nationwide-intensive publishing market "adjustment" policies, anecdotal comments on "history". Between the end of November last year before this regulation, two "high" prices in this regulatory policy was launched, the rapidly cooled, trading volume fell sharply.
In front of the regulatory policy, described by the media as the "jump" of real estate prices, in the middle of trading participants, have a big psychological impact, described as "step"-buyer "House stealing panic" seller "defaults".
Buy "step"
In Beijing, the chain of intermediary located in East Branch Manager Ren Jieyu told reporters outside the ring, and in August, the store received the seller calls, "I break" "so sue me" example, there are two. While prices are relatively stable in April-July, within four months, that number is zero.
The store manager said in Beijing, Suite 8, 92 months jumped million is quite a normal phenomenon. "All interests at stake, sellers feel that their house for sale cheap. "Ren Jieyu said.
Also in this month, in the prices of the hottest second-tier cities of Zhengzhou, is "change room" Ren Ying found their houses over households, is prepared to accept when you purchase verification, received mediation: "owners said that House is not for sale! ”
Two months ago, she signed a contract with the landlord, has now been broken. The "$literal" says indignantly: "contract with integrity, seconds in front of interest into slag. ”
As house prices jumped, Ren Ying Frank himself back selling has been unable to afford "new high" price, "instantly find themselves homeless! ”
"Homeless" Ren Ying, hired a lawyer and filed a lawsuit against home sellers. Only Ren Ying is one of many "breach victims" one.
With house prices "rose", breach of contract dispute occurred in the number of judicial cases increased significantly.
Leading real estate lawyers, law firm senior partner Sun Jianzhang, told reporters the capital, received from the September home sales disputes, including consultation, more than the number in the same period. And this month is the most rapidly rising prices in one or two cities one month. "In front of the interests, contracts can be trampled under social credit were a serious challenge. "Sun Jianzhang attorney said," this is not just a legal issue. ”
Investors "autumn harvest"
In the default list, had the city not only "indigenous", the urban middle class, there are celebrity CEOs.
Lee a is one. Born in 1983, Lee a, serving as a supply chain management company, Managing Director of Shenzhen City. She is the legal representative of the company.
Credit website to Shenzhen City, journalists: the supply chain management company invested by a-share listed companies--Qi bin shares.
Lee a break, took place thousands of miles of Beijing real estate management. Together with her broken, and her brother, Lee b.
On June 7 this year, 70-year old Li Mouzhong from the hometown in Henan to Beijing. His trip was to harvest 7 years ago "investments" results.
7 years ago, Li Mouzhong on behalf of himself and his son and daughter, a community outside the East third ring road, Beijing, bought five suites in one breath. One fell on his daughter Li, a name, a fallen son b Lee's name.
Li Mouzhong the purpose of the visit was in his capacity as agent, the two suites sold.
Li Mouzhong early in the home-run enterprises, becoming the first group of Denver. With money, choose to invest in first-tier cities to buy a House, sitting on Chinese real estate "diamond age".
Lee has become a listed company shares Chairman. His brother Lee b, a child in his father's footsteps, serving as machinery gongyi city, Henan province, China representative of the legal person, Board Chairman and General Manager.
Early this year, at the end of last year, house prices rose in first-tier cities such as Beijing, Shanghai, Shenzhen, Li Mouzhong Li's brother and sister, decided to move the two suites "rallies".
Change time
Not all people are as lucky as Li Li a, b.
No "family background" Mr Tong, in order to buy a House, accessible only by starting from scratch. University graduate, fight for 7 years, he has a "snail House". Earlier this year, children under three years old, existing housing stock has been unable to meet the "three generations under one roof" demands, he decided to change.
In mid-May, through an intermediary for the original house up for sale, shortly after the contract with the buyer. Meanwhile, he looked around the room.
Beijing at this time, "3·30 policy" was launched, the property market is "price stability" in the State. And in the "3·30 deal" before the introduction, one or two cities experienced a "boom".
After a boom market cooling policies, many of the "speculators", house prices peaked, now!
"The new deal was launched, the small room to negotiate prices in housing sales. "Wang Longyue chengshousi HomeLink real estate store manager said that in April-June, many houses have 100,000 ~20 million bargain space.
After 21 showing in late May or early June, Mr Tong by real estate agents in wheat fields, look at Middle East third ring road, a three-bedroom, through intermediary broker, he decided to sign up.
By Convention, on June 7, the owners of agents from Henan to Beijing ... ...
Contract start to look so pretty
The afternoon of June 8, the three parties meet to sign a formal contract.
Li Mouzhong as owners agent, and Mr Tong signed the contract of sale of existing homes in Beijing, they signed with real estate agents in wheat field of the intermediary service contract.
Contract showed that total housing fund of 5.5 million Yuan. Since the Housing Authority "not only five" buyers need to pay taxes of 360,000 yuan, meanwhile, needed to pay the intermediaries intermediary service fees 82,500 Yuan. In other words, Mr Tong for the House, pay 5.9425 million Yuan.
According to Beijing housing policy, children's name needs to be "only" housing for sale in order to "first set" eligible to purchase the suite.
Based on this, by mutual agreement, have agreed in the contract, "buying time": before June 17, House buyer to pay the seller a deposit of 500,000 yuan, and as part of the purchase; sellers to mortgagee upon before October 31, 2016 (CITIC) to pay off the loan early, and bid for the mortgage registration within 10 business days after cancellation.
Buyers and sellers before November 20, handling tax, fee payment procedures. Buyers and sellers to obtain the deed within 30 working days after the payment receipt of registration procedures for house ownership transfer.
According to real estate agents in wheat field staff memories Jin Shiyu, a tripartite contract is signed smoothly, buyers and sellers exchanging a mobile phone, a micro-and thought the other was trusted "trading partners", or even "about good execution of the contract is completed, celebrate."
Jin Shiyu told reporters that contract early performance was timely. Buyers deposit of 500,000 yuan, all account in three days: on June 8 in three batches of remittance is 100,000 yuan, 50,000 yuan and 100,000 yuan respectively on June 11, two remittances, is 200,000 yuan, 50,000 yuan, respectively.
The night of June 11, owners representative Li Mouzhong app to tell buyers: "Mr Tong, received 50,000 yuan for your remittance ... ... Has received 200,000, today received 250,000, received a total of 500,000 deposits ... Thank you for advance deposit remitted. ”
Soon after, Li Mouzhong Li b name his son's room, by real estate agents in wheat fields, signed a contract with another customer.
Start to seem perfect: good faith buyers meet honest sellers. However, two months later, the situation changes ... ...
Things are changing
From August to September, Zhengzhou, Nanjing, Hefei, Wuhan and other second-tier cities provoked a second wave of house price led the flag, and Beijing, Shanghai, Shenzhen and other cities continued to rise in price.
21:38 August 19, Mr Tong owners received a phone call from Lee. It's owners to communicate with buyers for the first time. According to Mr Tong memories, the phone, the owner questioned him, why not transfer as soon as possible, why can't I pay in advance?
The owners of "about face," said Mr Tong was very surprising. "The contract agreed by December 31 to complete the transfer, but at this time only in mid-August, far from the period. "He had a hunch that things are changing.
Sure enough, one day in September, Jin Shiyu conveyed to him the owner of real estate agents in wheat field staff "means":
First, ask the buyer to purchase the full amount into the Bank, fund supervision; second, buyers must advance the sale procedures; otherwise we will be considered in breach of contract.
Shuang Jing store manager, real estate agent Dong Zhiming in wheat fields have been tracking the deal, he told reporters that the owners claim, are contracts of the new claims.
"We told the owners to communicate face to face, we feel, the owners really wanted to to these new requirements, make excuses for defaulting. So far, only, the owner has not issued a written communication. "Jin Shiyu told reporters that prices rise too fast, they have received several" breach of contract notice. "
Not only that, the children learned from real estate agents in wheat fields, the owners sold the contract of this suite, another real estate agent while listed for sale.
On October 14, Mr Tong to the intermediary "allegedly sold" as its theme, and reported to the consumer network. On October 17, in the consumer network intervention, the intermediate site set aside the House "sold." Reporters from the website screenshots to see, the houses appear as "suspension of sale."
In response, senior real estate lawyers, law firm senior partner Sun Jianzhang, told reporters the capital, was signed by the seller and by the Beijing municipal construction Committee, the Beijing Municipal Administration for industry and commerce in December 2007, revised standard version.
"If the housing two sell becomes a reality, is suspected of fraudulent sales, more serious consequences, the parties will bear the loss. "Sun Jianzhang lawyer said.
Siblings chose "default"
From October 10, Mr estate agent Dong Zhiming in wheat fields, Jin Shiyu and customer child by telephone, text messaging, micro, contact owners and agents a Li Li Mouzhong, its on-time performance, but as of press time, have not been the actual response.
"In a phone call, Mr Li Mouzhong had promised to interview two weeks ago in Beijing, didn't come to me until now. He said he finished a housing case. "Jin Shiyu said, his son Li b also refused to perform after signing a contract, is currently dealing with buyers sued.
The end of October, reporters call the owner Li a, to further understanding of the situation, on the phone, she said, "this thing, I'm not sure", then hung up the phone. Children get in touch with owners agent Mr Li Mouzhong, Li Mouzhong on the phone said, "I have no matter the" same terminated the call.
On October 31, is a Mr Tong Li contract delivery date for the first time, the contract, here a few days ago, owners want to CITIC Bank to pay off the mortgage. According to real estate agents in wheat fields introduced late so far, owners are not in compliance with this provision.
According to the lawyer suggested, that afternoon, Mr Tong Li Mouzhong Li a, agent to the owner issued a "letter of publication" request within 7 business days, whether to continue performing, formal response and confirmation. If not answered, will be based on its formal default.
As of press time, Li Mouzhong and Li Li a, b did not respond to interview requests.
"Better than justice ' lawsuit ' more serious, is a burst of social credit. "For sale a large breach phenomenon, Zhang Wangcheng, a sociology professor at Beijing Normal University believes that social credit must be protected, respecting the spirit of contract.
"When credit is free to trample all cynical, social credit risks collapsing. Breach, once the common behavior of the tacit and want to rebuild the Foundation of trust is very difficult. "Net said.
"Optimistic that this year, two cases in cities such as Shenzhen, Zhengzhou, underlines the judicial protection for compliance. "Sun Jianzhang lawyers think.
Sun Jianzhang lawyers referred to two cases have in common is the House seller "break" eventually was ruled "the continued performance of the contract", but, due to the seller's refusal to fulfill the contract, the buyer damages caused, by the seller.
He said, it would discredit, a single breach of the contract, the relevant jurisprudence is a warning.
Boom in the property market caused by speculators is repeated breach
This year, the "11", 19 key cities nationwide-intensive publishing market "adjustment" policies, anecdotal comments on "history". Between the end of November last year before this regulation, two "high" prices in this regulatory policy was launched, the rapidly cooled, trading volume fell sharply.
In front of the regulatory policy, described by the media as the "jump" of real estate prices, in the middle of trading participants, have a big psychological impact, described as "step"-buyer "House stealing panic" seller "defaults".
Buy "step"
The store manager said in Beijing, Suite 8, 92 months jumped million is quite a normal phenomenon. "All interests at stake, sellers feel that their house for sale cheap. "Ren Jieyu said.
Also in this month, in the prices of the hottest second-tier cities of Zhengzhou, is "change room" Ren Ying found their houses over households, is prepared to accept when you purchase verification, received mediation: "owners said that House is not for sale! ”
Two months ago, she signed a contract with the landlord, has now been broken. The "$literal" says indignantly: "contract with integrity, seconds in front of interest into slag. ”
As house prices jumped, Ren Ying Frank himself back selling has been unable to afford "new high" price, "instantly find themselves homeless! ”
"Homeless" Ren Ying, hired a lawyer and filed a lawsuit against home sellers. Only Ren Ying is one of many "breach victims" one.
With house prices "rose", breach of contract dispute occurred in the number of judicial cases increased significantly.
Leading real estate lawyers, law firm senior partner Sun Jianzhang, told reporters the capital, received from the September home sales disputes, including consultation, more than the number in the same period. And this month is the most rapidly rising prices in one or two cities one month. "In front of the interests, contracts can be trampled under social credit were a serious challenge. "Sun Jianzhang attorney said," this is not just a legal issue. ”
Investors "autumn harvest"
In the default list, had the city not only "indigenous", the urban middle class, there are celebrity CEOs.
Lee a is one. Born in 1983, Lee a, serving as a supply chain management company, Managing Director of Shenzhen City. She is the legal representative of the company.
Credit website to Shenzhen City, journalists: the supply chain management company invested by a-share listed companies--Qi bin shares.
Lee a break, took place thousands of miles of Beijing real estate management. Together with her broken, and her brother, Lee b.
On June 7 this year, 70-year old Li Mouzhong from the hometown in Henan to Beijing. His trip was to harvest 7 years ago "investments" results.
7 years ago, Li Mouzhong on behalf of himself and his son and daughter, a community outside the East third ring road, Beijing, bought five suites in one breath. One fell on his daughter Li, a name, a fallen son b Lee's name.
Li Mouzhong the purpose of the visit was in his capacity as agent, the two suites sold.
Li Mouzhong early in the home-run enterprises, becoming the first group of Denver. With money, choose to invest in first-tier cities to buy a House, sitting on Chinese real estate "diamond age".
Lee has become a listed company shares Chairman. His brother Lee b, a child in his father's footsteps, serving as machinery gongyi city, Henan province, China representative of the legal person, Board Chairman and General Manager.
Early this year, at the end of last year, house prices rose in first-tier cities such as Beijing, Shanghai, Shenzhen, Li Mouzhong Li's brother and sister, decided to move the two suites "rallies".
Change time
Not all people are as lucky as Li Li a, b.
No "family background" Mr Tong, in order to buy a House, accessible only by starting from scratch. University graduate, fight for 7 years, he has a "snail House". Earlier this year, children under three years old, existing housing stock has been unable to meet the "three generations under one roof" demands, he decided to change.
In mid-May, through an intermediary for the original house up for sale, shortly after the contract with the buyer. Meanwhile, he looked around the room.
Beijing at this time, "3·30 policy" was launched, the property market is "price stability" in the State. And in the "3·30 deal" before the introduction, one or two cities experienced a "boom".
After a boom market cooling policies, many of the "speculators", house prices peaked, now!
"The new deal was launched, the small room to negotiate prices in housing sales. "Wang Longyue chengshousi HomeLink real estate store manager said that in April-June, many houses have 100,000 ~20 million bargain space.
After 21 showing in late May or early June, Mr Tong by real estate agents in wheat fields, look at Middle East third ring road, a three-bedroom, through intermediary broker, he decided to sign up.
By Convention, on June 7, the owners of agents from Henan to Beijing ... ...
Contract start to look so pretty
The afternoon of June 8, the three parties meet to sign a formal contract.
Li Mouzhong as owners agent, and Mr Tong signed the contract of sale of existing homes in Beijing, they signed with real estate agents in wheat field of the intermediary service contract.
Contract showed that total housing fund of 5.5 million Yuan. Since the Housing Authority "not only five" buyers need to pay taxes of 360,000 yuan, meanwhile, needed to pay the intermediaries intermediary service fees 82,500 Yuan. In other words, Mr Tong for the House, pay 5.9425 million Yuan.
According to Beijing housing policy, children's name needs to be "only" housing for sale in order to "first set" eligible to purchase the suite.
Based on this, by mutual agreement, have agreed in the contract, "buying time": before June 17, House buyer to pay the seller a deposit of 500,000 yuan, and as part of the purchase; sellers to mortgagee upon before October 31, 2016 (CITIC) to pay off the loan early, and bid for the mortgage registration within 10 business days after cancellation.
Buyers and sellers before November 20, handling tax, fee payment procedures. Buyers and sellers to obtain the deed within 30 working days after the payment receipt of registration procedures for house ownership transfer.
According to real estate agents in wheat field staff memories Jin Shiyu, a tripartite contract is signed smoothly, buyers and sellers exchanging a mobile phone, a micro-and thought the other was trusted "trading partners", or even "about good execution of the contract is completed, celebrate."
Jin Shiyu told reporters that contract early performance was timely. Buyers deposit of 500,000 yuan, all account in three days: on June 8 in three batches of remittance is 100,000 yuan, 50,000 yuan and 100,000 yuan respectively on June 11, two remittances, is 200,000 yuan, 50,000 yuan, respectively.
The night of June 11, owners representative Li Mouzhong app to tell buyers: "Mr Tong, received 50,000 yuan for your remittance ... ... Has received 200,000, today received 250,000, received a total of 500,000 deposits ... Thank you for advance deposit remitted. ”
Start to seem perfect: good faith buyers meet honest sellers. However, two months later, the situation changes ... ...
Things are changing
From August to September, Zhengzhou, Nanjing, Hefei, Wuhan and other second-tier cities provoked a second wave of house price led the flag, and Beijing, Shanghai, Shenzhen and other cities continued to rise in price.
21:38 August 19, Mr Tong owners received a phone call from Lee. It's owners to communicate with buyers for the first time. According to Mr Tong memories, the phone, the owner questioned him, why not transfer as soon as possible, why can't I pay in advance?
The owners of "about face," said Mr Tong was very surprising. "The contract agreed by December 31 to complete the transfer, but at this time only in mid-August, far from the period. "He had a hunch that things are changing.
Sure enough, one day in September, Jin Shiyu conveyed to him the owner of real estate agents in wheat field staff "means":
First, ask the buyer to purchase the full amount into the Bank, fund supervision; second, buyers must advance the sale procedures; otherwise we will be considered in breach of contract.
Shuang Jing store manager, real estate agent Dong Zhiming in wheat fields have been tracking the deal, he told reporters that the owners claim, are contracts of the new claims.
"We told the owners to communicate face to face, we feel, the owners really wanted to to these new requirements, make excuses for defaulting. So far, only, the owner has not issued a written communication. "Jin Shiyu told reporters that prices rise too fast, they have received several" breach of contract notice. "
Not only that, the children learned from real estate agents in wheat fields, the owners sold the contract of this suite, another real estate agent while listed for sale.
On October 14, Mr Tong to the intermediary "allegedly sold" as its theme, and reported to the consumer network. On October 17, in the consumer network intervention, the intermediate site set aside the House "sold." Reporters from the website screenshots to see, the houses appear as "suspension of sale."
In response, senior real estate lawyers, law firm senior partner Sun Jianzhang, told reporters the capital, was signed by the seller and by the Beijing municipal construction Committee, the Beijing Municipal Administration for industry and commerce in December 2007, revised standard version.
"If the housing two sell becomes a reality, is suspected of fraudulent sales, more serious consequences, the parties will bear the loss. "Sun Jianzhang lawyer said.
Siblings chose "default"
From October 10, Mr estate agent Dong Zhiming in wheat fields, Jin Shiyu and customer child by telephone, text messaging, micro, contact owners and agents a Li Li Mouzhong, its on-time performance, but as of press time, have not been the actual response.
"In a phone call, Mr Li Mouzhong had promised to interview two weeks ago in Beijing, didn't come to me until now. He said he finished a housing case. "Jin Shiyu said, his son Li b also refused to perform after signing a contract, is currently dealing with buyers sued.
The end of October, reporters call the owner Li a, to further understanding of the situation, on the phone, she said, "this thing, I'm not sure", then hung up the phone. Children get in touch with owners agent Mr Li Mouzhong, Li Mouzhong on the phone said, "I have no matter the" same terminated the call.
On October 31, is a Mr Tong Li contract delivery date for the first time, the contract, here a few days ago, owners want to CITIC Bank to pay off the mortgage. According to real estate agents in wheat fields introduced late so far, owners are not in compliance with this provision.
According to the lawyer suggested, that afternoon, Mr Tong Li Mouzhong Li a, agent to the owner issued a "letter of publication" request within 7 business days, whether to continue performing, formal response and confirmation. If not answered, will be based on its formal default.
As of press time, Li Mouzhong and Li Li a, b did not respond to interview requests.
"Better than justice ' lawsuit ' more serious, is a burst of social credit. "For sale a large breach phenomenon, Zhang Wangcheng, a sociology professor at Beijing Normal University believes that social credit must be protected, respecting the spirit of contract.
"When credit is free to trample all cynical, social credit risks collapsing. Breach, once the common behavior of the tacit and want to rebuild the Foundation of trust is very difficult. "Net said.
"Optimistic that this year, two cases in cities such as Shenzhen, Zhengzhou, underlines the judicial protection for compliance. "Sun Jianzhang lawyers think.
Sun Jianzhang lawyers referred to two cases have in common is the House seller "break" eventually was ruled "the continued performance of the contract", but, due to the seller's refusal to fulfill the contract, the buyer damages caused, by the seller.
He said, it would discredit, a single breach of the contract, the relevant jurisprudence is a warning.
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