Joke Collection Website - Blessing messages - Does it count as contract fraud for developers to sell more than one room and collect more deposits and prepayments?
Does it count as contract fraud for developers to sell more than one room and collect more deposits and prepayments?
Two, the real estate development company shall bear the liability for breach of contract. Property buyers can ask double indemnity to pay the house price. You can also bring a lawsuit to the court to terminate the contract and let it bear the responsibility for breach of contract. You should be prepared to answer the lawsuit.
3. Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that if the purpose of the commercial housing sales contract cannot be achieved under any of the following circumstances, the buyer who cannot obtain the house may request to terminate the contract, return the paid house purchase price and interest, and compensate for the losses, and may request the seller to bear the compensation liability not exceeding twice the paid house purchase price:
(1) After the commercial house sales contract is concluded, the seller mortgages the house to a third party without informing the buyer;
(2) After the commercial housing sales contract is concluded, the seller sells the house to a third party.
The sale of multiple houses cannot be considered as contract fraud or civil fraud, so it should be analyzed in detail. The most important thing is to see whether the actor has the purpose of illegal possession. If it can be concluded that the actor has the purpose of illegal possession, he should be convicted of contract fraud; If it cannot be determined, even if the defendant adopts deception, it should be punished as civil fraud.
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