Real estate owners do not move to account for 7 years, the defendant was sentenced to compensate for-caxa实体设计

Real estate owners do not move into account for 7 years, the defendant was sentenced to compensate for the breach of contract – Sohu news JINGWAH times after the sale of real estate for sale again in the past 7 years, Mr. found that the old house owners have not moved to account. Account for the move out of the dispute, the old and new owners to court. The reporter learned yesterday, Haidian court Dongsheng court has heard the case, sentenced to the old landlord to the New Owner liquidated damages 100 thousand yuan. Mr. Zhang claimed that he signed the contract for the sale of housing in 2009 and Mr. Wang, Mr. Wang agreed in a certain period of time after the completion of the transfer of housing, housing in the original accounts, but until this year he again to sell the house, only to find that Mr. Wang is not in the agreed period related accounts, so Mr. Wang asked the court in accordance with the contract, bear the overdue accounts 300 thousand yuan of liquidated damages, and asked Mr. Wang will move out of the account. Mr Wang argued that when Mr. Zhang signed housing contracts of sale, had a verbal agreement does not need to move out of the account, and for so many years, Mr. Zhang did not ask him to move out of the account, "my account is Mr. Zhang did not give out the cause of the actual loss, he is now suing for a high penalty, motivation impure." Haidian Dongsheng court after the court hearing that, because Mr. Wang does not have sufficient evidence to prove that the two sides reached a verbal agreement in the housing sales contracts signed, Mr. Wang agreed the relevant accounts can not move out of the housing, so according to the two sides signed the contract for the sale of housing, Mr. Wang did not move out of the original account within the term specified in the contract, it shall bear the liability for breach of contract. For a specific amount of liquidated damages, the court according to the fulfillment of the situation, the fault of the parties and the actual losses of the contract, Mr. Wang, Mr. Zhang ordered the discretionary compensation 100 thousand yuan. After the sentencing, both parties did not appeal. Case difficult to judge the case, said the judge, the first is difficult to move out of the account. Moving account does not belong to the scope of the court, the court can not support the requirements of the parties to move out of the account requirements. In other words, if the old owner refused to move out of the account, or indeed unable to move out of the account, the court will not be able to force the relevant accounts to move out of the decision. Second, the amount of liquidated damages is difficult to determine. The current Haidian District household registration policy is the same housing households can fall, so even if the old homeowners do not move out of the account, does not affect the new owners settled, household registration authorities are not usually take the initiative to inform the new owners household housing, so a lot of new homeowners again only in the sale of housing, will find the problem. On this basis, if both sides in accordance with the contract, breach of contract terms of routine, the corresponding penalty of up to hundreds of thousands or even millions, even more than prices, individual housing in this regard, the court will generally according to the contract law of the amount of liquidated damages adjustment, combined with the degree of contact with the parties, the account of default and default related losses, at the discretion of judge the amount of gold. The judge suggested that in order to avoid this kind of dispute, the judge recommended that: first, the selling party should take the initiative to bring the housing property permits to the corresponding household management departments to verify the housing registration, and truthfully inform the buyer, the buyer should require the seller to provide registration, can not believe verbal commitment to the seller and intermediary. In the understanding of the user.相关的主题文章:

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