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The husband wife signature generation after selling back buyers to court by double compensation-dachiyouxiang

The husband wife signature generation after selling back buyers to court by double compensation in daily life, often need to sign, sometimes the couple not travel together, the other half will be signed. However, the spouse on behalf of the signing of a dispute, for this reason, Ms. Ma to the court. Things have to talk about the recent hot property market. Home more than a room Jia see the recent rise in property prices is good, want to sell more than taking advantage of real name, and Ms. Ma is preparing to buy a house, the two sides on a good price, they signed a contract for the transfer of real estate, Mr. Jia Ma also received 20 thousand yuan deposit. Because the transfer of the house is a common property of husband and wife, when signing the contract, mr.. Not a week, the house has not been transferred, Mr. Jia suddenly to his wife did not know, do not recognize the transfer contract on the grounds, to Ms. Ma issued a notice of termination of the contract, the lifting of the contract for the transfer of real estate contracts. This time, Ms. Ma Mongolia, has signed a contract to go back, go back. The recent price gradually rose, see cooked ducks fly, Ms. Ma nature is reluctant, so a paper petition, Mr. Jia will report to the Haiyan court, to double the return of deposit. So the problem is that the transfer of real estate contracts in the end there is no legal effect? Ma asked Mr. Jia double return deposit? Jiaxing Haiyan court after the trial, the decision to pay 40 thousand yuan deposit double return. The judge pointed out that the real estate transfer contract signed by Mr. Ma and Ma, is the true meaning of both parties, and does not violate the relevant laws, administrative regulations mandatory provisions shall be valid. Although the time of signing the contract, Mr. Jia did not get involved in housing co ownership is the wife of authorization, signed on behalf of his wife, after the wife has not ratified the "Supreme People’s Court on the legal issues of business contract dispute case applicable interpretation of" the provisions of article third, a party to the seller has at the time of signing the contract no matter the ownership or right of disposal on the grounds that the contract is invalid, the people’s court shall not support; the seller has not obtained the ownership or right of disposal which cannot transfer the ownership of the subject matter, the buyer ask the seller to bear the liability for breach of contract or request to terminate the contract and claim damages, the people’s court shall support. Visible, Mr. Jia did not fulfill the obligations of the contract has constituted a breach of contract, should be double the return of deposit. In fact, this period of time, like Ms. Ma encountered such a situation and a lot of people. The judge reminded: in the background of high prices, high profits, the principle of honesty and credit is particularly important; in the market activity, the parties must abide by the promise, honest; in the sale of housing, we should also comply with the statutory procedures, and actively prevent business risk; the signing of the contract, the contract. Should be more careful, give full consideration to the legal consequences of behavior.相关的主题文章: