Women's Fake Marriage to Buy Houses

Oriental Network reporter Liu Li and correspondent Hu Mingdong reported on July 10 that since the implementation of Shanghai's purchase restriction policy, some irregular intermediaries have taken the opportunity to introduce "fake marriage" services to customers to circumvent the purchase restriction policy. However, after "false marriage", will it be possible to obtain the housing qualification smoothly?gay massage
Ms. Chen in Shanghai is ready to cry without tears. "Fake marriage" not only did not buy the desired house, 50,000 yuan intermediary fee was collected by the court according to law, but also paid 400,000 yuan housing differential compensation fee, which can be said to be "lost his wife and lost his army".
According to the court, at the end of October 2016, in order to purchase a second-hand house located in Baoshan, Ms. Chen signed a Real Estate Sales Agreement with Mr. Liu, the seller, and agreed that the total price of the house would be 4.55 million yuan, and that Ms. Chen would guarantee that she would be qualified to buy a house when signing the agreement.male massage
On the second day, the buyer and seller signed the Real Estate Sale Contract, which specified the relevant purchase restriction policies and agreed that the party who did not meet the purchase restriction provisions should bear all legal responsibilities. On the same day, Ms. Chen signed the Special Agreement on Packing Transfer with the intermediary company, which stipulated that Ms. Chen should pay the intermediary company 180,000 yuan for the "packing fee", and the intermediary company should be responsible for the transfer of Ms. Chen's packaging and bear all the consequences of unsuccessful transfer due to the failure of packaging.
After the signing of the agreement, Ms. Chen actually paid Mr. Liu, the seller, 1.37 million yuan for the first purchase and 50,000 yuan for the packing fee of the intermediary company.gay spa
Since then, the intermediary company has dutifully found Mr. Jin, a single resident with Shanghai household registration and no house in his name. In March 2017, Mr. King registered to marry Ms. Chen for the purpose of obtaining remuneration. So far, Ms. Chen has acquired the formal qualification to buy a house.
"Married" Ms. Chen was satisfied that with these conditions, now she can buy a house in Shanghai in her own name, and began to actively handle loans and other matters. Unexpectedly, she was told by the relevant departments that because Ms. Chen could not provide her personal social security certificate for five years or tax certificate for five years, the real estate certificate of the house purchased must have the name of Mr. Jin, the "spouse".
Add the name of a strange man to your property certificate? Ms. Chen couldn't accept this. Considering the huge risk, she finally decided to give up the continuation of the transaction.
After the failure of the house purchase, Ms. Chen sued Mr. Liu, the seller, and the intermediary company successively in court, demanding that all the agreements signed in the course of the transaction be cancelled, that the down payment of 1.37 million yuan and the packing fee of 50,000 yuan be recovered, and that Mr. Liu and the intermediary company compensate Ms. Chen for the loss of the house purchase and the liquidated damages. In the course of the lawsuit, the court entrusted the evaluation agency to evaluate the housing price, confirming that the current price reduction in the housing market is 4.01 million yuan.boy massage
Mr. Liu, the seller, argued that when signing the contract, she did not know that Ms. Chen was the target of the purchase restriction. Both contracts clearly stipulated the matter of the purchase restriction and related responsibilities. Ms. Chen concealed the fact that Ms. Chen breached the contract and should bear the corresponding consequences on her own. In addition, Mr. Liu also filed a counterclaim, asking Ms. Chen to compensate Mr. Liu for the loss of 540,000 Yuan due to his default.
In another case, the intermediary company argued that the transfer of packaging was an agreement reached between Ms. Chen and the intermediary company, and the intermediary company had actually helped Ms. Chen obtain the qualification to buy a house. As for the registration of property owners, the intermediary company also explained to Ms. Chen that it could not be directly registered under Ms. Chen's name. The failure of the final sale contract was due to the decline in house prices, and Ms. Chen was reluctant to continue buying.
The Shanghai Baoshan Court held public hearings in two cases. After hearing, she believed that Ms. Chen signed a house sale contract knowing that she did not have the qualification to buy a house, and ultimately the purpose of the sale contract could not be realized because of the restriction of purchase and other factors. She should bear all the losses caused to herself.gay sex massage
Not only that, as a breaching party, Ms. Chen should also bear the responsibility of breach of contract that can not be fulfilled, and compensate Mr. Liu for the actual losses caused by it. Accordingly, the Shanghai Baoshan Court decided to cancel the real estate sales agreement between the two parties and the real estate sales contract in Shanghai. It also decided that Mr. Liu should return Ms. Chen's purchase price of 1.37 million yuan and Ms. Chen should compensate Mr. Liu for the loss of housing price difference of 400,000 yuan.
The purpose of the special agreement between Ms. Chen and the intermediary company is to circumvent the policy of restricting the purchase of housing in Shanghai, so that Ms. Chen who does not have the qualifications of buying a house can obtain the qualifications of buying a house. Its content hinders the management of the real estate industry by the state, disrupts the order of the real estate market and damages the public interest. It should be invalid. The 50,000 yuan packaging fee collected by the intermediary company shall be regarded as illegal income for illegal purposes. In order to safeguard public interests and promote the regulation of real estate market management order, Shanghai Baoshan Court decided to collect 50,000 yuan packaging fee collected by the intermediary company.
So far, the "fake marriage" house purchase case of "losing his wife and losing his army" has finally come to an end, and Ms. Chen and the intermediary company have paid a painful price. In addition to the losses specified in the court judgment, the other costs incurred by the parties in the whole transaction and litigation process, and the opportunity costs incurred by the time and energy, all require the parties to pay their own bills.