Li Mou and A company, B company commercial housing pre-sale contract dispute

[Case classification] : Contract dispute

[Commissioned time] : May 2013

【 Brief introduction 】

The original and the defendant signed the Shanghai Commercial Housing Pre-Sale Contract on March 30, 2010, agreeing that the Plaintiff purchased a house in Shanghai from the Defendant for a total purchase price of RMB 2,149,811 (the same in the following currencies). Articles 10 to 14 of the contract stipulate the handling of the property certificate and the delivery of the house. The defendant promised to obtain the real estate title certificate of the new commercial housing before April 30, 2011, and within 30 days, the two parties signed the "Housing handover Letter" as a necessary document for handling the housing transfer procedures. Within 90 days after the signing of the "housing handover Letter", the two parties applied for the price declaration and transfer application procedures to the real estate trading center and applied for the housing miscarriage certificate. After the contract was signed, the plaintiff performed all contractual obligations in accordance with the contract, but the defendant failed to apply for the large birth certificate in accordance with the contract for its own reasons, resulting in the plaintiff failing to obtain the miscarriage certificate in time. In order to protect the legitimate rights and interests of the plaintiff, the plaintiff filed a lawsuit to demand compensation for liquidated damages.

【 Lawyer analysis 】

The "Shanghai Commercial Housing Pre-sale Contract" signed by the original and the defendant is the true intention of both parties, should be legal and effective, and both parties shall perform according to the agreement. After the contract is signed, the plaintiff has fulfilled the payment obligation, and the defendant shall also facilitate the plaintiff to handle the conditions for the transfer of housing property rights within a certain period of time in accordance with the provisions of the pre-sale contract. In view of the fact that the defendant did not apply for the real estate title certificate (big property certificate) of the new commercial housing until January 2012, which directly led to the plaintiff's failure to apply for the miscarriage certificate of the disputed house within the agreed time limit, the defendant's behavior constitutes a breach of contract, and the plaintiff therefore requires the defendant to bear the corresponding liability for breach of contract, which is legally based. If there is no liquidated damages stipulated in the pre-sale contract, the liquidated damages for overdue issuance of the certificate may be calculated according to the total amount paid for the house purchase and with reference to the standard for calculating overdue loan interest of financial institutions stipulated by the People's Bank of China, and the plaintiff's calculation standard is reasonable. According to the contract agreement between the two parties and the defendant's commitment, the two parties should go to the trading center to handle the relevant property certificate at the latest on October 28, 2011, so the plaintiff sued for liquidated damages since October 29, 2011.

【 Verdict 】

After lawyer Chen Zhijuan's representation, the court finally supported the plaintiff's claim and ordered the defendant to pay the plaintiff the liquidated damages for overdue processing of the certificate within 10 days from the effective date of this judgment.