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You don't need to be too anxious about this question, legally speaking, your money should still be recoverable, mainly pay attention to the following points:
1. Your act of privately depositing money into his account cannot be regarded as a gift, because the relevant laws of civil law and contract law stipulate that in order to establish a gift relationship, the donor should express his intention to give in an express way, that is, only if you clearly indicate that you will give the money to him, your gift can be considered to be established, otherwise it should be regarded as a kind of lending, and you certainly have the right to ask him to return the money, but the interest is gone, because the loan contract without the agreed interest is considered an interest-free loan contract. Even if you have indicated that you have made a gift to him, the gift contract can be revoked under certain circumstances even if it has been performed.
2. The transfer records found by the bank, as well as the email he wrote when he chatted with you, and other evidence is acceptable to the court, because electronic evidence is also a legal form of evidence. You should take care to preserve this evidence and, if a lawsuit is filed, provide it to the court at the time of exchange of evidence or within the period of presentation of evidence.
3. As for fraud, it is impossible to say, because fraud must be that he conceals true information from you or fabricates false information to make you do wrong things in order to be recognized as fraud. You should claim restitution on the grounds that his actions constituted unjust enrichment under civil law.
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You can get it back, but it's more troublesome, if you ask him for what he doesn't give, you have to sue, you have to prove that what you said is the truth before you can get it back, and it depends on whether he has the ability to pay it back, maybe the money has been spent, and he can't pay it back, it's better to solve it early, so much money can't be put in the bank all the time.
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This is not a scam!
Because it's your own free will!
The money should be able to be returned, and you can use the email he wrote to you as evidence to demand that he pay it back!
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My dear girl, I sympathize with you for your misfortune, and you can do the following things first: First, ask the bank to print out the account as evidence. Second, use some evidence as the basis for reporting the case.
Third, tell your ex-boyfriend about the stakes of the public security organ's case through chat. If they can negotiate, there is no need to alarm the public security organs, after all, the two are in love with each other.
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If he does not deliberately deceive as a subjective premise, it is generally not considered to be fraud. What you have to do now is to quickly collect relevant evidence to prove that you once gave him this money for some reason, and now it does not exist because of that objective reason, and you are not doing this out of a gift, but on the premise that you have made an appointment with the other party. I suggest that you don't say that it is better to use it for his development prospects, so there is a tendency to give it away.
It is to let the other party come to the house smoothly to propose, such a reason is enough. This is important to determine whether you are giving a gift or not. Gather more evidence to prove that you did give him that money for some reason.
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It looks like you didn't remortgage. Generally, the transfer of real estate without repayment of the loan will be remortgaged, so as to avoid the consequences of affecting your credit history due to the default of the other party. Of course, it is more troublesome to apply for a remortgage, and you may have your own ideas.
But if you don't remortgage, will the bank agree to transfer the ownership of the house to the buyer? Because your house was purchased with a mortgage loan, the mortgage should be registered, and you have not repaid the loan and have not remortgaged, how can the bank agree to you to transfer the mortgage? If the mortgagee does not agree, the transfer of the collateral is invalid.
For the breach of contract of the other party as stated by you, if the contract is signed and the contract is legal and valid, you can pursue the liability of the other party for breach of contract in accordance with the contract or the law. If you have agreed in your contract for a penalty for late payment.
If you do not stipulate in the contract the calculation method of compensation for the damage caused to your bad credit record, then it will be difficult to achieve such a compensation method for the damage result. Generally speaking, it is difficult for a natural person to change the bank's bad credit history with you.
It is better for you to ensure that you have enough money on your card to prevent you from irreversibly damaging your credit history due to the other party's default.
I suggest that you sign a supplementary agreement with the other party, stipulating that the other party shall pay liquidated damages for late payment if the other party delays payment. The amount of the liquidated damages is generally based on the amount to be paid, and the calculation standard is determined on a daily basis according to the agreed percentage.
At the same time, it is recommended that you ask the other party to provide a guarantee to avoid the loss caused by the other party's inability to pay the house payment.
Of course, you can also agree with the other party on the calculation method of the loss caused to you by the other party's breach.
Finally, it is advisable to confirm the legal validity of the contract you have signed for the sale and purchase of the house. In order to avoid losses to you due to the invalidity of the contract.
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Did you have a contract when you sold your house? Are these terms clearly listed in the contract? If not, you will suffer yourself, and there is no way. If so, you can sue
Then you can refer to the terms of the contract and ask him to perform the contract, otherwise you will pay for the loss, either mediate or sue yourself
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