A woman in Shenzhen encountered a "trap" set by a shady intermediary, and a Zhiming lawyer skillfully recovered a deposit loss of 100,000 yuan.
Image source: Internet
From the moment she received the judgment from Senior Lawyer Zhang Qingping of Guangdong Zhiming Law Firm, Yang Mouting's heavy burden was finally lifted, and tears uncontrollably burst forth like a dam breaking.
[5] Case Review
On September 19, 2016, Yang Mouting, introduced by the real estate agency Hongmou Company, signed a "Second-hand House Sales Contract" with the homeowner Wu Mouxiang and transferred a deposit of 100,000 RMB to the personal bank account of Feng Mou, an employee of the agency. On October 4, 2016, a new round of real estate policies was introduced in Shenzhen. However, because the method of paying the deposit through the agency did not comply with the new policy details, Yang Mouting was unable to complete the registration procedures for the second-hand house transaction. In response, Yang Mouting proposed to the agency Hongmou Company and the homeowner Wu Mouxiang to negotiate the termination of the contract, but was met with unreasonable refusal. To recover losses, Yang Mouting sought out Guangdong Zhiming Law Firm and entrusted the legal team of Wang Tengfeng to handle the lawsuit.
After accepting the case, the legal team of Wang Tengfeng carefully studied the case materials and believed that the sudden change in government policy led to the failure of the contract's purpose. Their client, Yang Mouting, notified the other party to terminate the contract in accordance with Articles 94 and 96 of the Contract Law, which was reasonable and lawful. The other party's refusal to return the deposit infringed upon their client's lawful property rights.
In court, the judge heard the arguments from both sides and found the plaintiff's lawyer's reasoning clear, reasonable, and lawful. The judge dismissed the counterclaim of the defendant Wu Mouxiang and ultimately ruled to terminate the "Second-hand House Sales Contract" signed between the defendant Wu Mouxiang and the plaintiff Yang Mouting, ordering the defendant Wu Mouxiang to return the 100,000 RMB deposit to the plaintiff Yang Mouting.
