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If be opposite,engage a person room dissatisfactory whether does refus autograph

From;  Author:Stand originally

When signing subscribe book, development business offers big house only normally model room graph, arrive when autograph contract, if be opposite room dissatisfactory, engage a person whether because of this refus autograph buys room contract, ask to return return deposit?   

  Brief introduction of details of a case:

Mr Zhao and some development business at signing " subscribe book " , the agreement is signed separately before Yu Mou day " commodity house opens to booking a contract " . With day, mr Zhao made 50 thousand yuan of deposit. But, when Mr Zhao signs subscribe book, the propagandist data of house property company has big house only model room graph, did not offer this housing to design the relevant data such as ichnography and room graph, did not let Mr Zhao see a room, also did not offer " commodity house opens to booking a contract " demonstrative text, excuse says the person that buy a house is much, urgent Mr Zhao is signed " subscribe book " .

Mr Zhao is headed for according to conventional deadline after conclude " commodity house opens to booking a contract " , discover this building house model very not ideal, those who hand in room date to also compare subscribe book commitment became late 5 months. Mr Zhao puts forward to return a house, demand the other side is returned return deposit. House property company thinks Mr Zhao is being signed " subscribe book " when to the room model know perfectly well, its also understand a room to Mr Zhao explain model, house price, pay, the circumstance such as the time that make a room, because this does not agree,return deposit.

Bargaining is not had if really, mr Zhao entrusts a lawyer to tell company of this house property then to the court.   

  The lawyer reviews analyse:

Book of commodity house subscribe is to show buyers and sellers is in commodity house the document that before signing commodity house to open to booking contract or commodity house to show house business contract, signs, it is right both sides trades what the building concerns matters concerned is preliminary affirm. If the clause of master contract of this deal house had had an agreement in subscribe book, bilateral party ought to be accepted; The master contract clause that is like party to talk things over does not have an agreement in subscribe book, criterion party does not talk things over, cannot consider as any one party party to violate the agreement of subscribe book, because this refuses,conclude master contract criterion cannot applicable deposit is punished criterion. With respect to this case character, because house property company publicizes a data to have big house only model room graph, see this building house graph and building design the relevant data such as ichnography impossibly when Mr Zhao signs subscribe book accordingly, also did not make Mr Zhao on-the-spot look carefully at a building, cause Mr Zhao not to understand building circumstance. House property company also was not offerred to Mr Zhao " commodity house opens to booking a contract " clausal sample book, both sides is in " subscribe book " in also did not make definite agreement with respect to the time that make a room. In the contract main provision and house property company cannot reach consistent circumstance to fall, the judicatory according to top people court explains, "Because cannot return duty the main content at party both sides, bring about contract of commodity house business to fail to conclude, betray a person to ought to return deposit return vendee. " accordingly, house property company cannot applicable deposit is punished criterion, should return deposit the gentleman that return Zhao. Final, house property company is chaired in the judge fall to be mediated with Mr Zhao, 50 thousand yuan of sum return deposit to still give Zhao the gentleman.
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