Tianjin First judgment: the purchase contract for the purpose of “speculation and selling” houses is invalid

Real estate agents use their own advantages to buy houses from citizens, and then prepare to transfer the ownership to a third party when handling the housing formalities. After the seller found that the buyer was a real estate agent, he proposed to terminate the contract. A few days ago, the Tanggu trial district of the People’s Court of Binhai New Area (Tianjin) found that the sales contract signed by both parties was not established. It is reported that Tanggu trial district recently identified 17 cases of disputes over housing sales contracts as “the name of buying a house is actually real estate speculation”, and legally determined that the contract was not established and rejected the claim.

In March, 2016, you and Wu signed a house buying and selling intermediary contract, which agreed to buy one of Wu’s houses with 810000 yuan, and agreed to agree that the buyer transferred the ownership to a third party when handling the house formalities. Later, when Wu Moumou found out that Yu Moumou was engaged in real estate speculation, he clearly expressed the termination of the contract.

Youmoumou sued Wu Moumou to the court, demanding to continue to perform the contract and compensate for the loss. The court conducted a trial around the contract contracting and performance process, and agreed on the purpose of transferring the third party. It believed that the plaintiff youmou took advantage of its housing information advantages and familiar with the housing transaction process, the purpose of signing the sales contract is to resell others, not to buy the defendant’s house. The signing of the sales contract is not a real meaning, so the sales contract is not established. The plaintiff’s claim is not supported.

Judge’s statement

Li Guihua, vice president of the second court in Tanggu, Binhai New Area Court, said that most of these cases were real estate agents. Taking advantage of the advantages of housing information and being familiar with the housing transaction process, they signed a housing sales contract with the seller, then increase the price and resell it to others for profit. In order to ensure the smooth implementation of the House dumping behavior, such contracts generally stipulate to vacate and hand over the house after the deposit is delivered, which is to facilitate the actual buyers to see the house. At the same time, it will also be agreed to allow the transfer to a third party to ensure that the seller and the actual buyer handle the transfer. When the seller falls into the trap of the real estate speculators and refuses to perform the contract, he will be sued for breach of contract and ask for high liquidated damages.

Tanggu trial district of Binhai New Area Court believes that signing sales contracts in such cases only takes up the opportunity to purchase houses first, and at the same time, finds another buyer to resell the houses to others for profit. However, it is not really necessary to buy the house, and the signing of the sales contract is not a real meaning, so the sales contract is not established. In addition, the behavior of the real estate speculators will not only cause the actual buyers and sellers to understand each other, but also affect the contracting options of the actual buyers and sellers, it will also lead to the increase of housing transaction links and increase the transaction costs and default risks of actual buyers and sellers. In fact, it has affected the legitimate rights and interests of actual buyers and sellers and violated the principle of good faith, it interferes with the normal market transaction order, so it will not be protected according to law. (Daily News)

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Real estate agents use their own advantages to buy houses from citizens, and then prepare to transfer the ownership to a third party when handling the housing formalities. After the seller found that the buyer was a real estate agent, he proposed to terminate the contract. A few days ago, (Tianjin) Binhai New Area People’s Court Tanggu examined