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

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, sometimes the spouse to sign on behalf of the dispute, therefore, Ms. Ma went to court. Things have to start from 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 house is the transfer of matrimonial property, when signing the contract, Mr. Jia wife signed instead. Less than a week, the house transfer yet, Mr. Jia suddenly to his wife did not know, nor does the transfer contract on the grounds, to Ms. Ma issued a notice to terminate the contract, request the termination of the contract for the transfer of real estate. 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 question is, the real estate transfer contract in the end there is no legal effect? Ms. Ma can ask Mr. Jia to double the return of deposit? Jiaxing Haiyan after hearing the court verdict Mr. Jia double the return of deposit 40 thousand yuan. The judge pointed out that Mr. Jia and the real estate transfer contract signed by Ms. Ma, is the true meaning of both parties, and did not violate the mandatory provisions of the relevant laws and administrative regulations, shall be lawful and 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. Therefore, Mr. Jia does not fulfill the contract obligations already constitutes a breach of contract, should be double the return of deposit. In fact, this time, encountered such a situation like Ms. Ma 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.

丈夫代妻签名卖房后反悔 买家告到法院获双倍赔偿日常生活中,常有需要签名的时候,有时夫妻俩不是共同出行,另一半便会代签。然而,配偶代签有时会起纠纷,为此,马女士就闹到了法院。事情还得从最近楼市火爆说起。家有余房的贾先生见近期房价涨势良好,想趁势出让名下的余房,而马女士正准备买房,双方谈好价格后,便签订了一份房产转让合同,贾先生还收了马女士2万元定金。因为转让的房子是夫妻共有财产,在签订合同时,贾先生代替妻子签了名。没过一周,房子还未过户,贾先生突然以妻子不知情、也不认可该转让合同为由,向马女士发了一份解除合同通知书,要求解除该房产转让合同。这下,马女士蒙了,都签好了合同,怎么说反悔就反悔啊。近期的房价渐涨,眼看煮熟的鸭子要飞,马女士自然是不情愿的,于是一纸诉状,将贾先生告到了海盐法院,要求双倍返还定金。那么问题来了,这份房产转让合同到底有没有法律效力?马女士能否要求贾先生双倍返还定金呢?嘉兴海盐法院经过审理,判决贾先生双倍返还定金4万元。法官指出,贾先生与马女士签订的房产转让合同,是双方当事人的真实意思,且不违反有关法律、行政法规的强制性规定,应为合法、有效。虽然合同签订时,贾先生未取得涉案房屋共有权人即妻子的授权委托,代妻签了名,事后妻子亦未追认,但《最高人民法院关于审理买卖合同纠纷案件适用法律问题的解释》第三条规定,当事人一方以出卖人在缔约时对标的物没有所有权或者处分权为由主张合同无效的,人民法院不予支持;出卖人因未取得所有权或者处分权致使标的物所有权不能转移,买受人要求出卖人承担违约责任或者要求解除合同并主张损害赔偿的,人民法院应予支持。可见,贾先生不履行合同义务的行为已经构成了违约,是应当双倍返还定金的。事实上,这段时间,像马女士一样遇到这种情况的市民并不少。法官提醒:在高房价、高利益的大背景下,诚实信用原则显得尤为重要;在市场活动中,各方当事人都要恪守诺言、诚实不欺;在买卖房屋时,大家也应当遵照法定程序进行,积极防范各种商业风险;在签订合同、履行合同时,更应做到谨慎处事,充分考虑到行为的法律后果。相关的主题文章: