After handing in 10 thousand yuan of subscription, mr Zhang discovers what he buys a building to be ” of “ miscarriage authority, cannot change the name of owner in a register. To want to answer subscription, he tells house-owner the court. Recently, suitable justice the court adjudicates bilateral deal contract is invalid, house-owner is returned return subscription, mr Zhang also needs 650 yuan to compensate for house-owner to hire room loss.
Mr Zhang appeals to say, this year on March 2, he bought Mr Yan to be located in through estate intermediary suitable justice the two bedrooms building of one village, conventional money paid for something purchased or received for something sold is 330 thousand yuan. That day, both sides signs building business contract, conventional Mr Yan must make sure this building is old property right, can deal with formalities of property right change the name of owner in a register. Subsequently, his consign subscription 10 thousand yuan. But after the event, mr Zhang is informed this building to do not have property right card at all, and cannot deal with formalities of change the name of owner in a register. Because Mr Yan rejects to return subscription, he sues a requirement to remove contract of bilateral building business, ask Mr Yan times doubler return return subscription 20 thousand yuan.
When open a court session, mr Yan does not agree to withdraw fund, argue says he already told Mr Zhang house is small property right. In addition, after signing a contract, he vacates the building, outer rent a house, mr Zhang should recoup loss of his this share.
The court thinks, according to legal provision, the building of property of rural collective land does not have a house all, make over, the right such as punish, accrual, do not possess the qualification that do business then. Mr Zhang and contract of business of building of autograph of Mr Yan place should be belonged to invalid. To this, both sides all has fault. Mr Yan should return 10 thousand yuan of subscription still, mr Zhang also answers the loss of reasonable compensation Mr Yan.
