House seller colluded with property management to fabricate evidence; court imposed a fine according to law.
Case details:
During the National Day holiday in 2016, more than 20 cities across the country successively introduced new real estate policies, and in an instant, the situation took a dramatic turn. The once arrogant seller's market began to shift into a buyer's market. These regulatory measures have touched the "nerves" of the housing market! Under the new policies, disputes between buyers and sellers are set to surge once again. As both sides vie for their own interests, the tactics in this game are bound to become even more intense. Attorney Zhiming offers an example here for everyone's reference and consideration.
Looking back, in early 2015, citizen Cao XX signed the "Shenzhen Second-hand Housing Reservation Purchase and Intermediary Service Contract" with property owner Deng X on March 21. However, on March 30, 2015, a real estate regulation policy was introduced, and Deng X insisted on breaching the contract by refusing to sell. Outraged, Cao XX, as a returning client, once again retained Zhiming Law Firm.LawyersThe team helped him seek justice, and Lawyer Zhang Qingping was assigned to represent him in filing the lawsuit.
During the litigation, the defendant, in an attempt to resist performance of the contract, submitted a certificate from the property management company to the court, claiming that his sister-in-law lived there and should have the right of first refusal. Lawyer Zhang Qingping raised an objection. After investigation, the court confirmed that the defendant's sister-in-law was not a resident and was even unaware of the situation of the property in question. At the second hearing, the defendant, with the cooperation of the property management company, put forward a claim and certificate that the property was now occupied by his mother-in-law, emphasizing that it was objectively impossible to continue fulfilling the sale obligation, in an attempt to continue resisting the performance of the house sale contract. Accompanied by the plaintiff, Zhiming Lawyer went to the scene to take photos and confirmed that the property in question was cluttered with debris, covered in dust, and uninhabited, and submitted this evidence to the court for determination.
Thanks to the effective legal aid provided by Attorney Zhiming, Cao XX won the case in both the first and second instance trials: not only was the housing sales contract ordered to continue to be performed, but the defendant was also ordered to bear 20% of the liquidated damages.
Additionally, given that the defendant, in collusion with the property management company, repeatedly submitted false evidence to obstruct the trial and disrupted courtroom order, the circumstances are egregious. The court accepted the opinion of the plaintiff's attorney and, pursuant to Article 111 of China's Civil Procedure Law, imposed a fine of RMB 50,000 on Deng XX, the party responsible for the false evidence, and a separate fine of RMB 50,000 on the property management company that cooperated in the fabrication of evidence. The defendant, dissatisfied with the ruling, applied for reconsideration, which was rejected, and the fine decision was upheld.
Case closure notice:
This case involves a dispute over a housing sales contract, which is a relatively common type of civil and commercial litigation. The facts of the defendant's breach of contract are clear, and the evidence is sufficient. The defendant had no legitimate reason for the intentional breach. During the litigation, in order to evade legal liability, the defendant twice maliciously colluded with the property management company to submit false statements to the court, seriously obstructing the trial of the case. Ultimately, the court issued a fine decision, imposing civil penalties! This also serves as a warning to those involved: facts must be respected, the law must be obeyed. Skills may be played with, but the law cannot be trifled with; otherwise, punishment will follow, as demonstrated in this case. (All names mentioned above are pseudonyms.)
