Previously

Recently, the Changzhou Intermediate People's Court of Jiangsu Province heard a dispute over a housing sales contract. The appellant (original defendant) Jiang Mouping, represented by lawyers Wang Tengfeng and Zhang Qingping, successfully reduced the penalty and recovered significant economic losses. The victory in this case not only highlighted the lawyers' professional competence and exquisite skills but also provided substantial legal protection for the client Jiang Mouping.

Case Background

A dispute arose between Jiang Mouping and the appellee (original plaintiff) Zhou Moujuan over a housing sales contract. Zhou Moujuan purchased a property under Jiang Mouping's name through an intermediary, but the parties disagreed during the transaction over issues such as the property price and the nature of the property rights. Zhou Moujuan believed that Jiang Mouping had maliciously breached the contract and demanded its termination and compensation. Jiang Mouping, on the other hand, argued that due to a misunderstanding of the property's rights nature, the contract price was far below the market value, and requested the court to rescind the contract and reduce the penalty.

The court of first instance held that the reason the contract could not be performed was Jiang Mouping's refusal to perform, finding Jiang Mouping to be the breaching party, and accordingly ordered the return of double the deposit received.

　Lawyers intervened and prepared meticulously.

After accepting Jiang Mouping's entrustment, lawyers Wang Tengfeng and Zhang Qingping quickly intervened in the case and conducted a comprehensive and detailed analysis of the facts. They found that the key to this case was proving that Jiang Mouping had a significant misunderstanding at the time of signing the contract due to a misconception about the nature of the property's ownership. To this end, the lawyers carefully prepared relevant evidence, including screen recordings of explanations from the Changzhou Housing official livestream, results from the real estate registration inquiry, and records of judicial auction transactions for the same building complex, to fully substantiate Jiang Mouping's claims.

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

During the trial, lawyers Wang Tengfeng and Zhang Qingping fully demonstrated their professional competence and debating skills. They effectively rebutted 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, for civil legal acts performed based on a significant misunderstanding, the actor has the right to request the people's court or arbitration institution to revoke them. At the same time, they emphasized that Jiang Mouping did not fully understand the nature of the property's ownership when signing the contract, and the contract price was far below the market price, causing her 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 lawyers Wang Tengfeng and Zhang Qingping. The court held that Jiang Mouping had a significant misunderstanding of the nature of the property 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 house sale contract. At the same time, the court ruled that Jiang Mouping must return the deposit already received from Zhou Moujuan and reduced the corresponding penalty.

The significance of the victory is profound.

The victory in this case was of great importance to Jiang Mouping. Not only did she successfully avoid substantial economic losses from selling the house at a low price, but she also received a fair ruling from the law. Moreover, this victory highlighted the crucial role of lawyers in safeguarding the legitimate rights and interests of their clients. Lawyers Wang Tengfeng and Zhang Qingping, with their professional competence and exquisite skills, provided Jiang Mouping with high-quality legal services, earning high praise from the client.

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 help from professional lawyers to protect their legitimate rights and interests.

In summary, this case is a typical example of a successful lawsuit where lawyers reduced penalties for the seller and recovered significant economic losses. It fully demonstrates the important role of lawyers in safeguarding the legitimate rights and interests of their clients and provides us with valuable experience and inspiration.
 

Lawyer Zhang Qingping.

Practicing Certificate No.: 14403201010540065. Graduated from Zhongnan University of Economics and Law, obtained the Legal Professional Qualification Certificate in 2008, entered Guangdong Zhiming Law Firm as an intern in 2009, obtained the lawyer's license in October 2010, and is now a core member of Wang Tengfeng's legal team at Guangdong Zhiming Law Firm, as well as a member of the All China Lawyers Association. With nearly a decade of practice, he has handled hundreds of cases including real estate construction disputes, tort contract disputes, divorce disputes, labor disputes, administrative disputes, corporate matters, and criminal defenses, accumulating rich experience and skills. He has a comprehensive, pragmatic, and thorough understanding of legal issues, and can use flexible litigation and non-litigation methods to maximize the legitimate interests of clients from a practical legal effect perspective, earning high recognition from clients.