Purchase offers an agreement for the return of the court decision to return the deposit

The review of

March 2015, Mr. Dong and a Information Company signed a purchase agreement by the developers of housing, agreed to pay 8000 yuan to buy yuan to buy, enjoy a total of 8% of the purchase offer, and with the purchase of the site offers.

On the same day, Mr Tung and developers signed housing subscription book, the purchase of a house in the District, and agreed to buy, will enjoy the purchase discount and cost reduction, interpretation rights in the developer. After the signing of an agreement, Mr Tung had promised to pay 8000 yuan fee to the Information Company group purchase, subscription deposit 50000 yuan. In the housing sales contracts signed in the process, Mr. Tung and the developers on the housing prices in the calculation of the dispute. Mr Tung believes that the purchase of preferential treatment should be added to the purchase of the cumulative calculation. Developers believe that the purchase is a prerequisite for the enjoyment of the purchase, the purchase price has been included in the purchase price, then lead to litigation.

Times reporter Liu pure

The court review of

The plaintiff said: live information company commissioned the defendant, the defendant, development of commercial community organizations to buy the implicit participate in group purchase can enjoy the preferential buy 8% of the total 1629, can also enjoy the purchase offer, so two preferential shall calculate the cumulative, now the accused to explain purchase concessions have been included within the buy discount. Because of the conditions of the change, so that the plaintiff is not real situation of the temptation, it is required to terminate the agreement, 50000 yuan deposit refund.

The defendant argued that: the purchase is the purchase of concessions, the purchase is another kind of favorable conditions, both has enjoyed a favorable, can not repeat enjoy, and the agreement is agreed to explain the defendant.

Court after the hearing to identify: Housing sales contracts signed, the two sides due to the calculation of housing prices in different ways. As the form contract is provided by the Department of the defendant, the plaintiff shall be interpreted as the plaintiff in the interpretation of the contract. The defendant believes that the purchase is a prerequisite for the enjoyment of the purchase, the purchase price has been included in the purchase price concessions, the two can not overlap, and the agreement is to explain the defendant. So the two sides eventually entered into a commercial housing sales contracts.

The court held that the defendant committed in the housing subscription book is not clear whether it has included the previous buy concessions, the two sides can not agree on the price of the actual price, and ultimately led to the two sides failed to sign housing sales contracts, the legal provisions of the two sides can not be attributed to the purchase price should be returned.

Lawyer commented In this case, due to the agreement is unknown, the original, the defendant both parties due to the purchase of preferential relations and understanding of the use of a difference, so that the house price can not reach an agreement, so that both parties failed to enter into a purchase contract. The sale of housing purposes can not be achieved, are not attributable to the parties to the parties to the cause, leading to the housing sales contract is not entered into the case, the two sides to return.

In fact, in today's society can not be attributed to the parties to the cause of the parties, leading to the housing sale contract is not entered into the situation, not limited to the above situation. To this end, the lawyer reminded, housing subscription book, the intermediary contract and other substantive as an appointment contract, breach of contract will assume the corresponding liability of breach of contract, resulting in non attribution of behavior, the two sides return. Therefore, the housing price, payment terms, the amount of loans, the establishment of the conditions, should be a clear agreement, so as to ensure the smooth progress of housing sales, while the liability for breach of contract.

Related links:
Forty-fourth "contract law" Article 1, the contract established according to law, since the founding of the force. The ninety-fourth rule, one of the following circumstances, the parties may terminate the contract: (a) due to force majeure causes can not achieve the contract; (two) before the expiration of the period, the parties expressly stated or their own behavior shows that the main debt; (three) the parties to the main debt, after the expiration of a period of time, (four) party a delay in the performance of the debt or other default.

Twenty-third "the Supreme People's Court on the trial of commercial housing sale contract dispute cases applicable to the interpretation of a number of issues," the 2 provisions of the commercial housing sales contracts, the buyer to guarantee payment, due to the failure of the parties to enter into commercial housing collateral loan contract and lead to commercial housing sales contracts can not continue to perform, the other party may request to terminate the contract and compensation. Because of the reasons not to be responsible for the failure of the parties to enter into commercial housing collateral loan contract and lead to commercial housing sales contracts can not continue to perform, the parties may request the termination of the contract, the seller should receive the purchase payment of the principal and interest or deposit return to buy.