they signed a contract and add a supplementary agreement

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they signed a contract and add a supplementary agreement

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Started 10 years ago by lpajv693406

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Plaintiff look helpless. Li Quanqing request yesterday to the court together and their counsel, the judge agreed. Sitting plaintiff gallery, he seemed nervous. His ignorance of the law, but the case is too important for him, playing the spirit of twelve he had to face, "80,000 hard-earned money of hard work, I can not say take it back Take it back . can not buy a house, not my fault. is the new national policy, I can do nothing. " he said. Yesterday in Hangzhou City People's Court of " case", because after the New Deal real estate since the first check-Hangzhou case, concern. Prior to that,http://bbs.tt919.com/read.php?tid-163889-page-1.html/read.php?tid-163889-page-1.html/post.php?fid=382?fid=382, although Hangzhou Check tide surging, but the main city of Hangzhou together through the court process is no check-out lawsuit. After two mediation failed, all walks of life " case" how the future will be judged more expectations. "If it becomes jurisprudence from Hangzhou first purchase of default, will have a strong guiding significance." Members of the judiciary, describes the significance of the case. It is understood that since the New Deal real estate dispute the complexity of the applicable law, the High Court today will hear specifically how such a lawsuit issued internal guidance to a judge as a legal basis for such cases. Bite bought the first suite Municipal Government will not encounter new loans 33-year-old is typical of the new Hangzhou, his nearly 10 years in Hangzhou from Henan. He has skills, usually working for other people engaged in the decoration,http://mizu-masa.sakura.ne.jp/yokkaichi/movie/sunbbs2/sunbbs.cgi?mode=form&no=2025&page=%, and occasionally a little live their contracted. My life is OK, basically based in Hangzhou. Last year, 8-year-old son at home, and to go to school age. In order to be able to amount to anything after the children, Li Quanqing bite the bullet and decided to buy a house in Hangzhou, so the account can be moved over the child, but also to find a good school. They see the city under a stone bridge road apartment building new village One of homeowners Cao and his wife soon became talk the deal. April 3 this year, the two sides through an intermediary company signed a transfer agreement intervening,woolrich outlet milano, house price 880,000 yuan,doudoune moncler pas cher, pay a 3 percent down payment, the rest of the housing fund to apply for bank mortgage. The same day,louboutin soldes pas cher, Li Quanqing paid according to the agreed 20,000 deposit. 10 days later, they signed a contract and add a supplementary agreement, the agreed total price of 880,000 yuan, the housing section of 800,000 yuan, 80,000 yuan decoration section. Li Quanqing has paid 60,000 yuan, 20,000 yuan together with the original, as all the renovation money. Everything is going well,http://store.shopping.yahoo.co.jp/ebest-dvd/0000001040432.html, both sides are trying to transfer the house as soon as possible, but no one would have thought, on April 17, the State Council issued the curb housing prices in the "ten countries", where one pair is a blow, "that can not provide more than 1 year local tax certificate or social insurance contributions that non-local residents suspend purchase housing loans. " "I work in Hangzhou, the account has been in my hometown in Henan. I could not get the relevant certificate, the bank will not Pixia this mortgage." Li Quanqing said, no loan, he could not afford a house. This led to his inability to perform again Transfer Contract for Housing. April 25, he informed Mr. Cao terminate the contract and return the 80,000 yuan to buy a house. But Cao did not agree. After repeated requests no fruit, he put Mr. Cao court. Accused Mr. Cao is also very helpless. In order to vacate his house, also in advance of the mortgage, and had rented a house for Li Quanqing of "breach of contract", he could not accept. Court Focus: Deal considered as a "change of circumstances" The focus of yesterday's hearing is the current hot topic in the real estate sector: Deal considered as a "change of circumstances"? Zheng Cao's lawyer denied the lawyer one up on changed circumstances saying, "mortgage business risk itself there, it was predictable. We all know that the rate is already very common topic, the media, government officials, experts In the appeal to curb housing prices, the macro-control policy might come out at any time, the risk index has been high, since the loan you should anticipate these risks, it should not apply the principle of changed circumstances. " "Supreme People's Court promulgated the" interpretation of applicable <People's Republic of China Contract Law> Issues (b) "Article 26 clearly, 'changed circumstance' refers to the contract established by law, there have been unforeseen,http://azumano.sakura.ne.jp, and can not return what the parties responsible to shake the foundation of the contract entered into. In this case, the parties should be allowed to change or terminate the contract. "Zheng lawyers repeatedly stressed that the Supreme Court has provided for the court to change the situation at the time of the adoption of the situation will be quite cautious , the application of the principle of changed circumstances require verification of the High Court. Zheng lawyers say the plaintiffs lawyers was immediately countered. "We are very sincere to buy this house, and not malicious want breach." the lawyer said, a week after the contract is signed,doudoune moncler pas cher, they will apply to the Industrial Bank mortgage loans,http://www.netoff.co.jp, but that is because the New Deal for outsiders credit limit, credit is not out of this money, they can not fulfill the contract is forced. "This is definitely applicable principle of changed circumstances. Li Quanqing as outsiders for the first time home buyers in Hangzhou, with or without commercial risk saying his loan does not exist, although there are many reports and signals before, may be introduced macro-control, but for loans, we can It is expected to raise lending rates at most. to outsiders limited credit policy is not able to think of how we talk about what can be expected? " The lawyer said, clearly written on the contract to pay the balance through commercial loans, banks now can not loans, the contract would not be able to continue, so the 80,000 yuan to buy a house should be refunded. "Of course, Care, we are willing to give them a little Cao compensation, it was around 5,000 yuan." The other shook his head, said it could not accept. Judge court then made a "back to back" (and their lawyers talk separately) mediation efforts, but because of the requirements of a large gap between the two sides, the mediation failed again. Public concern: Once the sentence down there demonstration significance All sectors of society, especially the judiciary to judge how the case really looking forward to the future. Mr. Cao's lawyer later told reporters, "I hope this lawsuit by the court referee can, which is to give us a relatively clear lawyering case, then you can reference for similar lawsuits." In fact,http://neetsha.jp, as early as in the real estate shortly after the New Deal, specializing in real estate law firm Zhejiang lawsuit it brought together many of these defaults disputes. For the case of termination of this second-hand housing transactions, taking into account factors that house prices are now falling, Zhejiang Union lawyer would advise wearing a peace cancellation parties as buyers appropriate subsidies that the landlord, usually 20% deposit, so you can save time, save costs promote mediation success rate. But now Mr. Dai hand is 8 cases already decided to go the legal way. Zhejiang University Guanghua School of Law Professor Fang Lixin said that since the New Deal, for all types of real estate defaults surging climax, Zhejiang Provincial High Court and the related Institute has also been discussion and study applicable law: "This will be particularly the case at the District Court careful, because once the sentence down, for the entire second-hand housing Hangzhou liquidated dispute will have an exemplary influence. " Ze big law firm,http://www.postyourasian.com,nike air max 90, director of construction and real estate business more than force the lawyer said: "The jurisprudence of the Court,http://www.shop-sapporo.com/member/profile/cgi/diary.cgi?d=44499, will provide informative on how to identify the conditions for termination of the contract Take this example case, the contract on the mortgage application. since the New Deal not apply to bank loans, the payment as a condition before termination. " 

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