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.
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, through the introduction of the real estate agency Hongmou Company, signed a "Second-hand House Sales Contract" with the property owner Wu Mouxiang, and transferred a deposit of 100,000 RMB to the personal bank account of Feng, an employee of the intermediary company. On October 4, 2016, a new round of real estate policies was introduced in Shenzhen. However, Yang Mouting was unable to complete the registration procedures for the transfer of the second-hand house ownership because the method of paying the deposit of 100,000 RMB through the intermediary company did not comply with the detailed rules of the new policy. In response, Yang Mouting proposed to the real estate agency Hongmou Company and the property owner Wu Mouxiang to negotiate the termination of the contract, but was rudely and unreasonably rejected by the other parties. In order to recover the losses, Yang Mouting approached Guangdong Zhiming Law Firm and entrusted Zhiming lawyers to represent the litigation.
After accepting the engagement, the Zhiming legal team carefully studied the case materials and concluded that the sudden change in government policy had frustrated the purpose of the contract. Our client, Yang Mou-ting, notified the other party to terminate the contract in accordance with Articles 94 and 96 of the Contract Law, which is justified, reasonable, and lawful. The other party's refusal to return the deposit constitutes an infringement of our client's lawful property rights and interests.
In court, the judge heard the arguments from both parties' representatives and found that the reasoning presented by the plaintiff's attorney was clear, reasonable, and lawful. The judge then dismissed the counterclaim filed by the defendant, Wu Mouxiang, and ultimately ruled to rescind the "Second-hand Housing Sales Contract" signed between the defendant, Wu Mouxiang, and our client, Yang MouTing. The defendant, Wu Mouxiang, was ordered to return the 100,000 RMB deposit paid by our plaintiff, Yang MouTing.
