[4] The original owner left a "mess," and the buyer was unable to move in. They went to court and successfully defended their rights.
After going through immense hardship to buy a house, Zhu Mouyong, a resident of Shenzhen, found himself unable to move in as planned due to the "mess" left behind by the previous owner. In a fit of anger, he took the original owner, the tenant, and the real estate agency to court.
At the end of 2015, a Shenzhen resident named Zhu Mouyong signed a "Second-hand Housing Sales Contract" with the owner of a property in Futian District (Chen Mouhui) through an intermediary company. The contract stipulated that the seller (Chen Mouhui) was to terminate the lease agreement with the tenant and complete the handover of the property within five working days after receiving the full payment. However, after the full payment was made, the seller Chen Mouhui failed to terminate the lease agreement with the original tenant, Geng Mouping, causing Zhu Mouyong to be unable to move in as planned. What surprised Zhu Mouyong even more was that Chen Mouhui refused to fulfill his contractual obligations, citing plans to go abroad as the reason.
Every time he thought about the new house he had poured all his savings into but could not move into, Zhu Mouyong, living in a shabby rental, felt deeply upset. His heart was like a overturned bottle of mixed flavors, and tears kept welling up in his eyes.LawyersThe team lawyer helped with the prosecution.
In court, the defendant Chen Mouhui argued that it was his daughter, Chen Mou, who signed the lease agreement with the tenant, and since Chen Mou is not the property owner, the tenant's refusal to vacate is unrelated to the contract and does not constitute a breach. In response, Guangdong Zhiming Law Firm...LawyersThe rebuttal states: It is an ironclad fact that the defendant, Chen Mouhui, failed to terminate the lease agreement with the tenant, Geng Mou, in advance as stipulated in the "Second-hand Housing Sales Contract." Legally, this constitutes a violation of relevant laws (referencing the Contract Law of the People's Republic of China); morally, it breaches the spirit of social contract. Both in law and in reason, it has infringed upon the lawful rights and interests of our plaintiff, Zhu Mouyong, and compensation should be made accordingly. After intense debate and argumentation, the court ultimately adopted this position.LawyersThe ruling is made in accordance with the view that the defendant, Chen Mouhui, shall pay the plaintiff, Zhu Mouyong, liquidated damages for the delayed delivery of the house.
After receiving the judgment from Attorney Zhi Ming, Zhu Mouyong was overjoyed and repeatedly expressed his gratitude.LawyersThe team lawyers expressed their gratitude, marveling at how fortunate they were to have Zhiming lawyers assist in defending their rights!
