Shenzhen Home Purchase Deposit Dispute – Successful Deposit Refund Case by Non-Litigation Lawyer

📅 2017-02-10 📂 Non-litigation Cases Non-litigation Cases 🏷️ # Purchase deposit # Purchase dispute # Non litigation

In August 2011, Ms. Fu learned through an advertisement that a property in Bao'an was about to be put up for pre-sale. She visited the sales office to inquire about the project and was warmly received by the sales representative. After viewing the specific layout of a unit on a certain floor, she paid a deposit of 150,000 yuan for the property that same day. After calming down a few days later, she conducted an on-site inspection and gathered more information, and came to realize that her decision to buy the property had been made hastily and that the development did not actually meet her requirements. She then developed the intention to cancel the purchase and have the deposit refunded. When Ms. Fu communicated her intention to withdraw from the purchase to the sales representative, she was met with a cold and dismissive refusal. Ms. Fu then sought legal assistance. After consulting several lawyers who all told her that getting the deposit back was hopeless, she was introduced through a friend to the director of our law firm.LawyersAfter learning about the subscription agreement and detailed information about the property development.LawyersWith keen insight, we identified the decisive core point in resolving the dispute: the subscription agreement was signed one day before the pre-sale of the property, and the agreement explicitly stipulated that the sales office was obligated to provide the buyer with access to and explanations of the formal real estate sales contract and its supplementary agreements, the land use rights grant contract and its supplementary agreements, the "Real Estate Pre-sale Permit," the "Construction Land Planning Permit," the "Construction Engineering Planning Permit," the "Construction Permit," and other relevant documents. In this case, since the subscription agreement was signed prior to the pre-sale date, the aforementioned documents were neither displayed at the sales office nor provided to Miss Wang for review or explanation, which constitutes suspected fraud. Therefore, our firm successfully took on this case, andLawyersUnder the guidance of [the relevant authority], our firm's lawyers Yang Lirong, Chen Qingxu (trainee lawyer), and Ren Guo (trainee lawyer) formed a legal team to handle the case specifically. Through arduous mediation and negotiation with leaders at various levels, including the sales office and the property developer, a settlement agreement was reached: the full deposit of 150,000 yuan was refunded to Miss Wang! The case concluded smoothly as originally anticipated, sparing the time-consuming and laborious litigation process.

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