Previously

Recently, the Intermediate People's Court of Changzhou City, Jiangsu Province, heard a dispute over a housing sales contract. The appellant (original defendant) Jiang Mouping, represented by Zhiming Law Firm, successfully had the penalty reduced and recovered significant financial losses. This victory not only demonstrated the lawyers' professional competence and exquisite skills but also provided substantial legal protection for Jiang Mouping.

Case Background

[4] Jiang Mouping and the appellee (original plaintiff) Zhou Moujuan were involved in a dispute over a housing sales contract. Zhou Moujuan purchased a property under Jiang Mouping's name through an intermediary, but the parties disagreed on issues such as the property price and ownership nature during the transaction. Zhou Moujuan claimed that Jiang Mouping had maliciously breached the contract and demanded its termination and compensation. Meanwhile, Jiang Mouping argued that due to a misunderstanding of the property's ownership nature, the contract price was far below market value, and requested the court to rescind the contract and reduce the penalty.

[1] In the first-instance judgment, the court found that the reason the contract could not be performed was Jiang Mouping's refusal to perform, determined Jiang Mouping as the breaching party, and then ruled for double the return of the received deposit.

Lawyers intervened and prepared meticulously.

After accepting Jiang Mouping's case, Zhiming Law Firm assigned two lawyers to quickly intervene and conduct a comprehensive and detailed analysis of the case. They found that the key to the case was proving that Jiang Mouping had a major misunderstanding regarding the nature of the property's ownership when signing the contract. To this end, the lawyers meticulously prepared relevant evidence, including screen recordings of explanations from the Changzhou Housing Official Live Broadcast, results of real estate registration inquiries, and records of judicial auction transactions for the same property complex, to fully substantiate Jiang Mouping's claims.

The court trial was intense, and the lawyers argued vigorously.

During the trial, the two lawyers from Zhiming Law Firm fully leveraged their professional expertise and argumentation skills. They effectively refuted the accusations from Zhou Moujuan's side and elaborated on the fact that Jiang Mouping signed the low-price contract due to a misunderstanding of the property's ownership nature. The lawyers pointed out that, according to relevant laws, regulations, and judicial interpretations, a party who performs a civil legal act based on a major misunderstanding has the right to request the people's court or arbitration institution to revoke it. They also emphasized that Jiang Mouping did not fully understand the property's ownership nature when signing the contract, and the contract price was far below the market value, causing significant losses.

The court adopted the lawyers' opinion and ruled to revoke the contract.

After intense courtroom debate, the Changzhou Intermediate People's Court ultimately adopted the opinions of two lawyers from Zhiming Law Firm. The court held that Jiang Mouping had a significant misunderstanding regarding the nature of the property's ownership rights when signing the contract, leading to an underestimation of the property's actual value. In accordance with relevant laws, regulations, and judicial interpretations, the court accepted Jiang Mouping's claim to rescind the property sale contract. Additionally, the court ordered Jiang Mouping to return the deposit already received from Zhou Moujuan for the property purchase and reduced the corresponding liquidated damages.

The significance of the victory is profound.

The victory in this case was of great significance to Jiang Mouping. Not only did she successfully avoid substantial economic losses caused by selling the property at a low price, but she also received a fair judgment from the law. At the same time, the victory in this case highlighted the important role of lawyers in safeguarding the legitimate rights and interests of their clients. The two lawyers from Zhiming Law Firm, with their professional competence and exquisite skills, provided Jiang Mouping with high-quality legal services, earning high praise from the client.

[6] Furthermore, the trial and judgment of this case also have important guiding significance for handling similar cases. It reminds us that when signing contracts, we should fully understand the terms and the nature of the subject matter to avoid disputes arising from misunderstandings. At the same time, when encountering similar disputes, one should promptly seek the help of professional lawyers to protect their legitimate rights and interests.

In summary, this case is a typical example of a lawyer successfully reducing liquidated damages for the seller and recovering significant economic losses. It fully demonstrates the important role of lawyers in safeguarding the legitimate rights and interests of their clients, and also provides valuable experience and inspiration for us.