Ren so-and-so and summer so-and-so house sale contract dispute

[Case classification] : housing sales contract disputes

[Commissioned time] : April 2017

【 Brief introduction 】

The original defendant and the defendant signed the Shanghai Real Estate Sale Contract on July 27, 2016, agreeing on the total house price of 2,180,000 yuan. After the plaintiff pays the defendant the first house purchase payment of 660,000 yuan, both parties shall apply to the Real estate Trading Center for the transfer of ownership before September 30, 2016. Subsequently, on the date of signing the contract, the plaintiff paid the defendant the purchase amount of $660,000 through bank transfer and cash, and the defendant issued a receipt to confirm receipt of the purchase amount. But so far, although the plaintiff repeatedly urged the defendant to go to the real estate trading center to handle the transfer procedures, the defendant has been prevaricated and refused, resulting in the transfer procedures can not be handled. The plaintiff believes that the defendant's delay in cooperating with the plaintiff in handling the transfer procedures obviously constitutes a breach of contract and damages the interests of the plaintiff. Now the plaintiff in order to protect their legitimate rights and interests, so filed a lawsuit.

【 Lawyer analysis 】

The "Shanghai Real Estate Sale Contract" signed by the plaintiff and the defendant is the true intention of both parties. The contract is established according to law and does not violate the mandatory provisions of the law and administrative regulations, and the contract shall be valid and binding on both parties. Both parties shall exercise their rights and perform their obligations in accordance with the contract.

The plaintiff paid $660,000 to the defendant on the date of signing the house sale contract, fulfilled the obligation to pay the down payment, and applied for a loan of $1,500,000 from the bank on August 17, 2016. In accordance with Article 6 of Supplementary Clause (I) b "Party B shall, within 20 days from the date of signing this Contract by both parties, prepare all necessary documents to apply for bank loan. If Party B fails to apply for bank loan in time as agreed, Party B shall be liable for breach of contract as agreed herein "and Supplementary Clauses (I) Article 15" If either party fails to fully perform its obligations as agreed in the Sales contract (except for Supplementary Clauses 3 and 4), then: If Party B breaches the contract, Party B shall pay Party A a penalty equal to 8% of the overdue payment for each day overdue. If the overdue payment exceeds 60 days, Party A shall have the right to unilaterally terminate this Contract and Party B shall pay Party A a penalty equal to 20% of the total house payment as agreed herein. The plaintiff's act does not constitute a fundamental breach, and the defendant shall not have the right to terminate this Contract accordingly. The loan applied by the plaintiff has been approved on September 1, 2016, and the contract has the conditions to continue to perform. According to the relevant provisions, the assignee who obtains the ownership of the mortgaged property can pay off all its debts on behalf of the debtor, so that the mortgage is extinguished.

【 Verdict 】

Through the attorney Ruth Guo's representation, the court finally supported the plaintiff's request, and ordered the Shanghai Real Estate Sale Contract signed in a house in Shanghai to continue to perform, and the defendant delivered the said house to the plaintiff within three days from the date of the effective date of this judgment; Within three days from the date of cancellation of the mortgage registration of the said house, the defendant assisted the plaintiff in transferring the property rights of the said house to the plaintiff's name.