It's hard to get a deal out of a house that's booked under new deals.

This reporter Lou Wei our correspondent Jin Jiejie "real estate under the new deal, a bleak property, but today to listen to lectures of the public's enthusiasm is as hot as the weather." "Yesterday, in the Zhejiang Library on" The sale of contracts under the new deal on the issue of breach of contract, "the special Report, Zhejiang University, Guanghua Law School, professor of civil law, Dr. Zhang Gu use this sentence as a prologue.　　Indeed, the number of people attending lectures is far exceeding expectations, and some members of the public do not care if there is a chair, as long as they can squeeze into the classroom, even standing or sitting, squatting, and almost everyone is careful to remember notes.　　And the next door to the lawyer answer office is also a hot atmosphere.　　April 17, the State Council issued the "about resolutely curb the rapid rise in the prices of some cities," (referred to as "the new Country 10"), the real estate transactions brought a huge impact on the changes in bank mortgage policy, so that the real estate buyers and sellers have produced such a dispute. Can the deal continue? Can the contract be lifted? What is the legal risk of default? And how to safeguard their legitimate rights and interests?　　Experts and lawyers from Zhejiang University Lawyers ' practice Research center yesterday gave us all a nudge. Focus of a new government is not "force majeure", whether the contract can be terminated to see small LU sweating, holding a briefcase, and listen to lectures and counseling. He is Wenzhou Cangnan people, work in Hangzhou, optimistic about Sunset village a house, 47.3 square meters, the total price of more than 910,000, "deliberately choose and parents live in a community, after a good care." Lu said, April 12 signed a contract, prepaid 20,000 Yuan tax, the request was 30% down payment. But a few days later, the intermediary told him to raise the down payment to 50%, because the small LV before working in Shaoxing through a loan has bought a house, according to the New deal, he belongs to the loan to buy a second suite, down payment must not be less than 50%. It made him a bit too much, he wanted to cancel the contract, "the contract is written clearly, encounter force majeure or changes in circumstances, can terminate the contract, the new deal should belong to this situation?" "Lawyer resolving: The 1th that Professor Zhang Gu told you, let LV this kind of" a little understand "the law of the people died heart," real estate New deal does not belong to ' force majeure ', force majeure refers to unforeseeable, unavoidable and can not overcome the objective situation, the State to curb the determination of house prices repeatedly performance, and bank lending policy has been changing, How can it be unpredictable and unavoidable? A down payment does not mean that the situation can not be overcome, it is possible to borrow money to pay down the payment to continue to perform the contract, so "force majeure" as the reason for the termination of the contract this road is not workable. "However, Professor Zhang also points out that there is a case where a contract can be legally dissolved-" if the contract is clearly defined, after the down payment of the subsequent housing is to be paid through bank loans, then the bank's loan policy has changed, and must prove that buyers do not have other payment channels, it can be attributed to: no way to overcome the situation, That can be allowed to terminate. "So if you want to terminate the contract, you have to see if there was any agreement on whether the room money was made by silverBank loans to pay, if there can be released from the contract to return money, if not written, there is no way.　　Focus on the second, whether or not to terminate, intermediary fees or to pay for Mr. Yao in the triumphal road to buy a set of more than 50 square meters of the house, the total price of more than 1.05 million, April 13 signed a contract, paid a decoration fee of 20,000, intermediary costs 17,000 and a down payment of more than 320,000. 15th, the bank told me that the mortgage could not be done, because I am a foreigner, can not provide more than one year's tax card or social insurance certificate. These days I am anxious to die, buy a house to see to yellow off not to say, also paid the intermediary fee in vain, can I terminate? Can we get the agency fee back? "Lawyer resolving: Yao Master can be terminated, and small Lu, the key to see whether the contract at that time expressly agreed to pay by the bank." As for the agency fee, the lawyer made it clear that it should be paid.　　To make an analogy best to say: Intermediary is like a matchmaker, to help set up the new, married, but even if the new people after the divorce is not related to the matchmaker, the introduction fee must be given. Focus on the three developers did not obtain pre-sale certificate, "subscription" is not a valid site to listen to lectures, there are a lot of the booking of the auction. For example, Mr. Zhang, "a period of time before the house price rise, the mind of a hot to follow others to order a set of faster, to the next year to pay the house, now look at this momentum, house prices are afraid to fall, so this House does not want." But at that time signed a thing, do not know can not regret?　　Lawyer resolving: If the developer did not obtain pre-sale license for commercial housing, the so-called "appointment", "subscription", "intention" can be considered invalid, Mr. Zhang can ask the developer to refund the payment of the room or deposit.　　But if the developer has taken the pre-sale license, whether to terminate, or to see whether the contract agreed to the payment of the room by the bank. All kinds of circumstances, counsel suggested that, whether second-hand housing or new house sales, the contract on the form of payment and the risk of the agreement to meet the more detailed, the more can reduce transaction risk, protect their interests.