Ningbo men buy ten million villa contract signed after the mortgage can not do

Ningbo man bought ten million villa contract but after the mortgage Banbuxialai Ningbo Chen (a pseudonym) 6 years ago bought a villa worth tens of millions, but unfortunately, not long after signing the contract, the purchase of the policy on the introduction. Villa mortgage finally failed to do down, the contract has not been fulfilled. Things deadlocked for more than 4 years, the developer will be Mr. Chen to court, asked him to continue to perform the contract, and pay the corresponding liquidated damages. After the first instance of the case, the Ningbo intermediate people’s court recently ruled the case. After the contract is not signed up to do the mortgage in 2010, Mr. Chen took a fancy in Jiangbei villa, worth more than ten million yuan. In April of the same year, he signed the contract, pay about 4000000 yuan down payment, the remaining $about 10000000 of the purchase plan to pay off in the form of mortgage. Sign the contract at the same time, Mr. Chen to the developers issued a letter of commitment, commitment to this villa is his "first suite", for a 30% down payment for the mortgage, but if Shoufu cannot lend, he will make up the down payment, the bank loan in a timely manner. But in fact, this villa is not Mr. Chen’s first house, then his name has another two sets of real estate. Developers said that because of this commitment, the two sides negotiated down payment, down to 30%. In the same year the property market continued to boom. July 2010, the introduction of the Ningbo, the five countries, the purchase of the policy, requiring banks to increase the amount of the first payment of two suites to 50%, the three suites can be suspended for mortgage loans or a substantial increase in down payment and interest. In October of the same year, the policy stopped lending to the third suite. Mr. Chen mortgage finally failed to do. Although the contract, the remaining 1629 should be paid before November 5, 2010, otherwise it shall be the day to pay 5/10000 of the total housing fund liquidated damages, but Mr. Chen has not paid the balance. Developers have written notice, are not the result of things, stood there. During this period, prices rise and fall, is no longer high in 2010. Developers continue to perform the contract at the end of 2014, developers will be Mr. Chen to court, requesting the court to order Mr. Chen to pay more than 1000 yuan to buy a house and more than 800 yuan of liquidated damages. Mr. Chen said, do not mortgage the responsibility is not in him, "according to the sale of commercial housing trading habits, identify and contact mortgage banks by the developers responsible for the purchase, as long as the availability of information to the developers, banks do not accept buyers personal mortgage loan procedures." He paid down payment, mortgage information submitted after the completion of the purchase contract has been agreed obligations, the remaining mortgage matters should be completed by the developer. Originally in five countries before the introduction, he can handle the mortgage, the developer has not completed mortgage loan procedures for him, until the "country of five", which leads him to be included in the "control", in breach of contract developers. To this end, Mr. Chen counterfiled, for the lifting of the purchase contract, paid about 4000000 yuan to return the purchase of the first payment. To Mr. Chen’s counterclaim, developers said that the mortgage obligation is the buyers, not the developers, developers only build houses and the obligation to provide security for the buyers, they have already completed the two. The mortgage is not entirely down to Mr. Chen’s responsibility, first of all.相关的主题文章: