Binhai New Area Network Feb. 24 hearing in order to spend less, through an intermediary to buy a house in the suburbs, in the delivery of the deposit fee and you only learned of the housing is a to recover costs associated with mediation, but was rejected.
case reproduce:
order to marry his son, not a lot of money on hand, Liu master two to worry broken. A year ago by acquaintances, Liu master finally get a room through an intermediary, namely a set of Xu Tianjin, a suburb near the home, signed a housing contract for the sale and delivery of the 30,000 yuan deposit and intermediary services. However, last month learned of an old married couple, Xu's house is the land collectively owned by peasants, that is, the so-called Master Liu had heard, does not allow sale of small property, they are not being So he rushed to find an intermediary company, ask for refund of deposit and agency fees, and compensation. But the agency said the price is so cheap, Liu master should be aware that this is It showings, Xu also told it was Intermediary company also said that they can transfer for free to help Master Liu out,
Court:
Court held that relationship between the two sides of the house sale is invalid. The agency knowingly permit any of the property rights in the nature of a Accordingly, the court Xu and intermediary companies held accountable, Xu returned to Master Liu deposit 3 million, the return of all the intermediary agency costs.
lawyers say:
coast looking for Tianjin Jing Jing attorney law firm in that, according to the shall not assign, transfer or lease for non-agricultural construction. The Rural Housing is a collective of all the villagers on the homestead right to use only the farmers will sell the house sale and purchase behavior of urban residents can not be recognized and protected by law, it can not apply for land use permits, housing permits, deed cards, etc. legal procedures. Thus, the room is not a member of the collective to non-transfer or sale of the third person. In the present perspective, Master Liu and Xu signed the contract did not expressly stated in this housing is a small property, leading to the purchase of Master Liu's misunderstanding. A contract like this contract is voidable. (Xinhua Zhang Wei)
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