Scrambled tenant trapped landlord

The report (reporter Wang Qiuxi) homeowner Mr. Li negligence, did not find the sale of the contract is also hidden in the provisions of the notary, originally this is a buyer to avoid speculation in the house of the risk, deliberately set the contract trap.　　Yesterday, the city of a Chinese court judge in this typical case to remind the owner in the selling House should pay attention to the contents of the contract, do not give an opportunity to fry tenants. Mr. Li in Haidian District Cheng Fu Road near a set of 60 square meters of housing to sell, last April 10, he through the real estate intermediary and Wei signed a house sale contract, agreed that the house price of 1.5 million yuan.　　Because Mr. Li's house temporarily cannot transfer, the two sides agreed to sign the contract within two months to deal with the real estate notarization formalities, Wei MoU in the same day to pay all the room, Mr. Li will house and property card, notarized book original delivered to Wei. After the signing of the contract, the two sides together to the notary Office for the commission of Notarization, but Mr.　　The two sides failed to transact notarization formalities. Mr. Li then sued the court to ask Wei to continue with his contract.　　In the case of a counterclaim, Mr. Lee issued a notarial letter of attorney, bear the delay to deal with the liquidated damages. The court holds that since the purpose of the two parties ' signing of the sale and purchase contract is for the transfer and not for notarization, the notarization does not affect the realization of the purpose of the contract. Because both sides agreed to continue to perform the contract and deal with the transfer of the House, so Wei should be on both sides of their own transfer procedures, the remaining housing payments to Mr. Li.　　The final court decided that the parties would continue to perform the contract. The judge uncovered the tenant: the judge who bought and sold the case, said that in the recent dispute over the house sale contract in the city, a Chinese court, the number of cases in which the buyer defaulted was significantly increased, including the case that the tenant was not willing to continue to fulfill the contract due to the increased risk of speculation after the new deal. The judges ' investigation found that there were similarities in such cases, when the landlord and the owner sign the house sale and purchase contract, the contract often contains the notary clause, the purpose is to obtain the house sale, transfer and other related matters ' agent right from the owner, so that in the next sale, the house will be transferred directly from the owner to the new house buyer.　　In order to achieve the purpose of the difference. On the surface, fried tenant is to buy a house from living, and according to the contract agreed to pay most of the room, but this is only a step to cheat the owner trust.　　Some owners do not identify the "conspiracy" of the tenant, and directly cooperate with it for notarization formalities; some owners have scruples, but worry about their default, and think that the tenants have paid the house, the end is often helpless to cooperate, and thus into a dilemma of the passive situation. Landlord: The risk of two selling a room for a house owner, although there is no economic loss on the surface, but there is a big risk, if the house to fry tenants to resell others, fried tenants are only nominally the sale of the house, the form of the original owner of the sale, if the contract to perform the process of dispute, the original owner will be directly listed as the defendant. And if the tenant resell a dispute, the original owners will bear a room two sell even a room to sell more lawLegal responsibility.　　Because the house does not transfer, if the tenant destroyed the structure of the house, the new buyer will direct to the original owner of the repair or compensation; Before the tenant finds the next purchaser, if he leases the house to another person, or carries out other irregularities in the room, the original owner may assume heavier liability for the property. Therefore, the owner in the sale of the house should avoid the traps, the choice of formal intermediary agencies to provide intermediary services, pay attention to the sale of the contract in the notary clause, or notarized content in the contract clearly, do not give fried tenants leave further operation space.