Shenzhen home purchase deposit dispute – Non-litigation lawyer successfully refunded deposit case

📅 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 certain property in Bao'an was about to be pre-sold. She visited the sales office to inquire about the property and was warmly and thoughtfully received by the saleswoman. After viewing the specific layout of a floor, she paid a house purchase deposit of 150,000 yuan that same day. Later, after calming down and conducting on-site inspections and extensive inquiries, she felt that her decision to buy the house was very hasty and that the property did not actually meet her requirements. She then developed the intention to cancel the purchase and get her deposit back. When Ms. Wang informed the saleswoman of her intention to withdraw the deposit, she was met with a cold refusal. Ms. Wang considered seeking legal help. After consulting several lawyers who all told her that getting the deposit back was hopeless, Ms. Wang was introduced through a friend to our firm's director, lawyer Wang Tengfeng. After understanding the subscription agreement and the detailed situation of the property, lawyer Wang Tengfeng keenly identified the key point to resolve the dispute: the subscription agreement was signed one day before the property's pre-sale date, and the agreement clearly stipulated that the sales office had the obligation to provide the formal real estate sales contract text and supplementary agreements, the land use right transfer contract and its supplementary agreements, the "Real Estate Pre-Sale Permit," the "Construction Land Planning Permit," the "Construction Project Planning Permit," the "Construction Permit," and other materials for the buyer to review and explain. Since the subscription agreement was signed before the property's pre-sale date, the above materials were not displayed at the sales office, nor were they provided to Ms. Wang for review or explanation, which constituted suspected fraud. Therefore, our firm smoothly took on this case. Under the guidance of Director Wang Tengfeng, our firm's lawyers Yang Lirong, Chen Qingxu (intern lawyer), and Ren Guo (intern lawyer) formed a legal team to handle the case. Through difficult negotiations with the sales office, property developer, and other leaders at various levels, a mediation agreement was reached: the full deposit of 150,000 yuan was refunded to Ms. Wang! This case concluded smoothly as initially planned, avoiding a time-consuming and laborious litigation process.

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