Difficult cases of real estate buying and selling I hope that professional legal professionals will

Hello landlord, talk about my opinion, the words of the family are for reference only: first of all, it is necessary to see whether the salesperson is legal to cut the price for the buyer, if the two parties maliciously collude to damage the interests of the sales company, theoretically speaking, the purchase contract is invalid, so the "kickback" obtained by the sales staff is naturally unjust enrichment and should be returned.

If the price cut by the salesperson for the buyer is legitimate, it depends on the agreement between the parties, i.e., how to characterize the money....However, according to the principles of civil law, a refund of the price will generally be awarded in the case of request.

If there is no clear agreement, the salesperson will not be able to keep the money, but given that this case is a verbal agreement, evidence collection is the key.

The key to specific issues is evidence. It is best to consult a lawyer in person.

I think it is important to first sort out the several legal relationships that exist in this case:

1.Relationship between the buyer and the developer:

1) The parties are parties to the contractual relationship of sale;

2) is also a party to the termination of the sales contract;

2.Relationship between the buyer of the house and the salesperson:

I believe that the formation of a disciplinary contractual relationship between the two is independent of the contractual relationship of sales and purchase for the following reasons:

The salesman used his special relationship with the developer to purchase the house for the buyer at a price lower than the list price, and the "benefit fee" he received could be regarded as the consideration paid for the disciplinary act.

3.The buyer's act of vacating is a claim made to the developer on the basis of the contractual relationship between the buyer and the seller, and according to the principle of privity of contract, this act has nothing to do with the salesperson.

4.All acts between the salesman and the buyer were verbal and unfounded, and the buyer had no basis for asserting rights.

1 is valid because there is no violation of the provisions of Article 52 of the Contract Law.

2. Claims that the house is one's own cannot be supported, nor can the housing arrangement be supported (except for local special provisions on demolition and resettlement).

3. Require Li to transfer or return the purchase price.

At first glance, this kind of question is the examination question of the legal profession.

Contract Law. Real Estate Act

Go back and read the book yourself.

There are also such questions that can be asked of the teacher.

According to Article 10 of the Inheritance Law, the estate shall be inherited in the following order:

First order: spouse, children, parents.

Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents.

The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

According to the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the Inheritance Law of the People's Republic of China? 2 If several persons who are related to each other die in the same event, if the order of death cannot be determined, it is presumed that the person without heirs dies first. If the deceased has heirs, if several deceased persons are of different generations, it is presumed that the elders died first; Several deceased persons of the same generation, presumed to have died at the same time, and do not inherit each other, but are inherited separately by their respective heirs.

Lawyer Zhang Yi.

Analysis of Typical Cases of Real Estate Transactions and Related Latest Regulations" takes the most typical real estate cases as the object of analysis, and the content is detailed. The main contents are: disputes over commercial housing pre-sale contracts, disputes over housing sales contracts, disputes over housing secured loans, disputes over housing area, disputes over housing leases, and disputes over housing quality, which are generally representative and highly targeted.

Zhang Dong's sale of Chen Xin's house belongs to the ** legal relationship. The parties to the contract are Chen Xin and Gao Sheng, and Article 63 of the General Principles of the Civil Law stipulates that the **person shall carry out civil juristic acts in the name of the ** person within the scope of his authority. The person being subjected to the act of the person shall bear civil liability.

Chen Xin can find Gao Sheng and Zhang Dong or any of them to bear full responsibility, and Article 66 of the General Principles of the Civil Law stipulates that if the ** and the third party collude to damage the interests of the ** person, the ** and the third party shall be jointly and severally liable.

If Chen Xin only entrusted Zhang Dong to take care of his house temporarily, then Zhang Dong's act is a legal act that disposes of other people's property without the right of disposition, and its effect is to be determined.

Chen Xin has the right of retroactive recognition.

If Chen Xin did not let Zhang Dong sell the house, Zhang Dong sold the house in Chen Xin's name, which is beyond the authority of **, and the effect is to be determined, and Chen Xin's recognition is required.