Home » Why did she become the “worst house buyer” when the house with the down payment of 7.45 million was gone, and she had to pay back 5 million? | Down payment | Housing | Home buyers_Sina News

Why did she become the “worst house buyer” when the house with the down payment of 7.45 million was gone, and she had to pay back 5 million? | Down payment | Housing | Home buyers_Sina News

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Original title: The house bought with a down payment of 7.45 million is gone, and it has to pay 5 million. . . Why is she the “worst house buyer”?

In May 2020, Wu Tingying, who lives in Shanghai, plans to spend a total price of 15.5 million yuan to buy a 180.09-square-meter commercial house in Huangpu District. Unexpectedly, after the down payment of 7.45 million yuan, Wu Tingying, who was unable to pay the final payment within the time stipulated in the contract due to delays in bank loan approval, was sued by the seller in court.

The court finally ruled that Wu Tingying lost the lawsuit. She not only had to withdraw from the house, but also paid a total of 4.9732 million yuan in liquidated damages and house renovation fees. Many netizens called her the “worst house buyer”.

  Two payments overdue

According to the China Judgment Documents Network, Wu Tingying reached a house transfer agreement with the seller Fan Jun and others through an intermediary on May 17, 2020. Wu Tingying paid a deposit of 1 million yuan and a purchase price of 4 million yuan in advance.

On May 30, 2020, Wu Tingying and Fan Jun signed a supplementary clause, stipulating that the total price of the house was 15.5 million yuan, and the seller handed over the house in advance. Wu Tingying needed to complete the down payment of 7.45 million yuan before June 30, 2020.

However, Wu Tingying failed to make up the remaining 2.45 million yuan of the down payment on time. The two parties had to sign supplementary terms again on July 2. This time, they agreed on the penalty terms: from July 1, 2020 to the date of payment, With the principal of 2.45 million yuan, the interest loss will be paid at 2.73/10,000 per day. Wu Tingying must pay the above fees in one lump sum before July 31, 2020. If the payment is not made on time, the house sales contract will be automatically terminated, and Wu Tingying should pay liquidated damages (20% of the total contract price) and compensate Fan Jun and others for their original decoration losses of 1.8 million yuan.

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Wu Tingying paid the interest on the overdue payment on July 13, and completed the down payment of 7.45 million. The remaining balance of 7.45 million will be paid in full before the transfer on August 30.

Unexpectedly, Wu Tingying’s house purchase balance was overdue again due to delays in bank approval.

  nearly 5 million

On September 15, 2020, Fan Jun and others issued a lawyer’s letter, informing Wu Tingying to pay the balance within 3 days after receiving the letter. If they still do not pay, they have the right to terminate the contract and demand compensation for liquidated damages and decoration losses. On September 30, because Wu Tingying still did not pay, Fan Jun and others asked Wu Tingying to move out and return the house, and pay 20% of the total price of the house as liquidated damages and a loss of 1.8 million yuan for house decoration.

On October 29, 2020, Wu Tingying’s application for a loan of 7.45 million yuan in a bank in Shanghai was successfully approved and asked to continue to perform the contract, but at this time the seller was unwilling to sell and took Wu Tingying to court.

On June 25, 2021, the Shanghai Huangpu District People’s Court made a first-instance judgment: Wu Tingying’s housing transfer agreement was terminated; she must move out of the house within 10 days after the judgment takes effect. User fee; Wu Tingying will pay 3 million yuan in liquidated damages, 1.8 million yuan in house renovation fees, and 46,000 yuan in case acceptance fees.

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After the first instance, Wu Tingying and Fan Jun both appealed. The Shanghai No. 2 Intermediate People’s Court rejected the appeal and upheld the original judgment on December 1, 2021. Wu Tingying will bear the case acceptance fee of 27,200 yuan.

Regarding this dispute, Wu Jijun, deputy director of the Criminal and Civil Cross Professional Committee of Chongqing Lawyers Association and lawyer of Chongqing Haili Law Firm, said that the focus of this case is: “whether the seller has the right to unilaterally rescind the contract because of the buyer’s overdue payment; Whether the overdue loan processing is enough to cause the buyer to fundamentally breach the contract, thus leading to the termination of the contract between the two parties.”

According to the legal provisions of Article 563 of the Civil Code, lawyer Wu Jijun believes that the judgment of the Shanghai court is legal but unreasonable: in the absence of evidence to prove that the seller has actual losses, the institutional purpose of the contract law to encourage transactions should be achieved, So as to maintain the stability of market transactions. From the perspective of legal fairness, it is also possible not to rescind the contract and let the breaching party bear the responsibility for breach of contract. It is not recommended that the seller rescind the contract on this ground. “Judging from the similar cases I encountered in Chongqing, basically all of them are required to continue to perform the contract.” Lawyer Wu said.

Responsible editor: Zhang Yu

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