Is it reliable whether the old residential trading "first hardcover and then selling a house" model? Note! Selling people may face greater risks

Recently, the "refurbished house" listing of many old houses has appeared in the second -hand housing market. When Ms. Wang was selling a house in an old community in Qinhuai District, Nanjing, she was introduced by the agency. Someone soon said that "willing to collect the house in full", but turned to ask for a supplementary agreement and agreed to "first first first "Selling a house after the hardcover" improved the selling appearance, and also proposed that the actual buyer will pay directly after selling.

Is this "new transaction" reliable? Recently, the Red Flower Court of the People's Court of Qinhuai District, Nanjing, tried the dispute cases caused by the "first hardcover and then sold houses", and finally decided that the seller had the right to terminate the contract at any time. The judge said that the second -hand housing trading model of the old residential houses of "hardcover and then selling a house first" has triggered a lot of disputes. This model still needs to be regulated. It is recommended that the householders sell it with caution.

To sell old houses, the "buyer" requires signing a special supplementary agreement

Jiang Jie has a house of more than 70 square meters in an old community in Qinhuai District, Nanjing. In the summer of 2021, she signed a contract with Huang Bin through the introduction of real estate agencies, agreed to sell this house for 2.15 million yuan, with a deposit of 50,000 yuan. Under normal circumstances, the two parties are urgently requested that "first -hand payments and one -handed delivery". In this second -hand housing sales contract, the two parties agreed to pay the payment time after one year, which is July this year.

The more "special" agreement is written in the supplementary agreement. The relevant terms stipulated that after Jiang Jie received a deposit of 50,000 yuan, he needed to hand over the house for Huang Bin to decorate. Huang Bin was sold for this "old -fashioned" house and sold it. After the house is sold, the actual buyer pays Jiang Jie, and Jiang Jie needs to directly transfer the house to the buyer according to Huang Bin's request.

The supplementary agreement states that the house decoration requires more than 260,000 yuan. The agreement also planned for the "future price" of this house: within one year of the house price of houses higher than 2.15 million yuan, all premiums belong to Huang Bin; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year a year; one year After more than 2.15 million yuan, the "cost price" and the total premium part of the "decoration fee" of more than 260,000 yuan were "four or six divided" by Jiang Jie and Huang Bin.

The lift agreement of the selling house, the intermediary prosecution requested 43,000 yuan for intermediary fees

On the same day, Huang Bin also signed a contract with the intermediary, agreed that the agency fee was 43,000 yuan. But according to later court investigations, he actually did not pay the money.

On the second day after the contract was signed, Jiang Jie proposed that the agreement in the supplementary agreement was not his true meaning. She believes that the other party cannot guarantee that the house is sold for 2.15 million yuan within one year, and after the house is handed over, the actual control of the house is lost. The house is not in their hands for a long time, which is obviously unfair.

After several parties communicated and called the police, Huang Bin and Jiang Jie lifted the agreement and returned a deposit of 50,000 yuan. But shortly after the agreement was lifted, the intermediary company sued Jiang Jie to the Red Flower Court of Qinhuai Court to ask for an intermediary fee of 43,000 yuan.

During the trial, Jiang Jie said that the intermediary and the buyer Huang Bin in the name of the intermediary were "colluded". Huang Bin did not want to buy a house at all, but just cheated his house to the renovation after his hand was cheated. In addition, she also questioned this transaction method: "The supplementary agreement does not mention when the full payment will be paid. After one year, the house cannot be sold.

Huang Bin said that he is involved in a house trading model. For houses that are not good at selling, you can first decorate and sell houses. The price of house selling houses has been benefited. He said that he had cooperated with the intermediary for more than half a year and had a few successful transactions. He believed that Jiang Jie should pay the agency fee.

Court: The intermediary has not promoted the establishment of a real trading contract, which can be lifted!

In response to the litigation request of the intermediary company, the Qinhuai court believed that the plaintiff, as a real estate agency, did not agree on the agency contract to promote the establishment of a real sale contract. Although there is a seemingly "establishment" contract between the three parties, from the perspective of the supplementary agreement, the "buyer" is not a real buyer, nor does it intend to buy a house. It is just a long -term engaged in the "decoration agency housing" business and earning the difference. s individual.

From the perspective of the results, the intermediary company's "promoted" is not a transaction for buying and selling second -hand housing, but a commission contract for "renovation and then selling houses first."

The court also believes that professional real estate intermediaries should seriously follow the principle of integrity, fulfill the prompt obligations on major transactions such as contract performance and transaction risks, and safeguard the interests of the client in accordance with the law.

However, in this case, the payment period of the supplementary agreement agreed that Huang Bin actually sold the house after sale. Such an agreement does not meet the reasonable performance period that Jiang Jie can accept as an ordinary house. In addition, Jiang Jie had to pay the house in less than two weeks, and there was a potential trading risk that the house had long been possessed by others for free and had no right to dispose of. These unreasonable conditions limit Jiang Jie's rights and increase the main terms of the contract liability for breach of contract. The intermediaries have no evidence to indicate that they clearly notify or risk prompts in advance, nor to coordinate the contract agreement in time.

Based on this, the court found that the intermediary company did not fulfill his loyal reporting obligations, and finally judged that Jiang Jie had the right to terminate the contract at any time.

Reminder: The people selling the houses are facing greater risks. This model needs to be regulated

The Yangtze Evening News reporter noticed that recently, many old communities in the second -hand housing market have launched a fixed renovation house in old communities. A considerable part of it looks like just finishing, it looks spacious and bright, and it is out of the impression of people's previous old houses.

The judge of the contractor told the Yangtze Evening News Zi Niu Journalist that after the second -hand housing trading model of "pre -hardcover and then selling a house" appeared, while the old houses appreciated and the buyers benefited, they also caused a lot of disputes. Among these disputes, sellers often face greater risks. The judge stated that although the supplementary agreement of "presence and then selling a house" stipulated that although it did not violate the mandatory provisions of laws and administrative regulations, there was potential trading risks during the performance. This type of "refined decoration" is different from ordinary home decoration. There are illegal demolition and modification, destroying the structure of the house, and affecting the normal use and sale of the house.

And even if the house has been completed, because the house's illegal demolition and reform and structural changes belong to the important information of the house sale. If the buyer is not informed during the transaction, if the buyer's decision to buy a house, the buyer will still have the right to terminate the contract and the seller shall bear the liability for breach of contract.

The judge also told the Yangtze Evening News Zi Niu Journalist that in some cases, the house had been renovated half, but the decoration team withdrew for no reason, making the house messy. Not only could they not sell it in the short term, but also brought a lot of follow -up annoyance to the householders. Therefore, this trading model still needs to be regulated, and it is recommended to sell it with caution. (The parties in the text are the name of the parties to the case)

Yangtze Evening News/Zi Niu Journalist Wan Chengyuan

Edit: Qin Xiaoyi

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