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Recently, a news broke out that more than 100 owners encountered a series of scams when selling houses, not only did not get the money, but also owed money, what is the situation? Let's take one of the examples!
Now in this housing market, selling houses is basically profitable, and many people who speculate on houses rely on this to make money and get rich, but today this thing is selling houses but not making a penny and losing themselves, what is going on? Ms. Yang, a property owner from Zhengzhou, said that her house has now been transferred to someone else's name, but she only got the down payment, and the agent is too unreliable, and now the agent cannot be contacted, and the buyer cannot be contacted. Before, we heard that people were deceived by buying houses, and now there are people who are deceived by selling houses.
Ms. Yang said that she wanted to sell the house at that time, so she posted the relevant information of the house on the Internet, and immediately a sales manager named Fangkai Real Estate contacted her, saying that there was a buyer who wanted to buy a house, so that Ms. Yang never expected that the intermediary and the buyer would join forces to defraud, and the buyer immediately took the house book to mortgage after the house was transferred, and then took the house money without Ms. Yang's knowledge.
Now those owners are now repentant, but since the matter has happened, there must be a solution, how can these victims recover their losses? Let's take a look!
One. Call the police immediately.
If you encounter this incident, you should immediately go to the local public security bureau to report to the police, and let the police set up a team about this case to recover the loss.
Two. Use legal means to recover losses.
The best way to recover is to use the law, China has a very complete legal system, so there are corresponding means to crack this kind of fraud to help us recover losses.
Three. National laws are our strong umbrella.
When our rights and interests are harmed, we must not forget to take up the law to protect ourselves, and the laws of the country will always be our strongest protective umbrella. I wonder what you think about this? Feel free to leave a message below the comment area.
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1.Call the police to catch the fraudster and ask him to compensate for the damages.
2.Buyer collusion fraud, demanding that the buyer bear part of the loss.
Multiple people jointly go through the **** procedure to recover losses.
4.Jointly go through legal procedures to recover losses.
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These victims should report to the police to recover their losses, because the amount of money sold by more than 100 people is huge, and it is completely possible to report to the police that they have been deceived and blackmailed, and at the same time, they can also go to court to sue.
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If these victims want to recover their losses, they can only recover their losses by calling the police, although the recovery period is relatively long, but it should be the safest way.
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Keep the transaction voucher as evidence and report to the police in time. Therefore, when buying a house, you must go to a regular large real estate company, and do not buy through a small intermediary company.
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If we usually receive such a **, we must keep the evidence, and then go to the relevant departments to report, so that you can recover your own losses.
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These victims should go to the police and use the law to protect their legitimate rights and interests, which is the fastest way.
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Timely alarm processing. Take the relevant evidence to the court to prosecute, recover justice, and severely punish the behavior of the lawbreakers.
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Summary. Hello dear, I'm glad to answer for you! If you buy or sell a house and transfer it by fraud, you can protect your rights and interests by following the following operations:
1. Write a lawsuit and file a lawsuit at the court where the defendant is domiciled, as long as the court files the case and the defendant cannot find it, the court can announce the service of legal documents; 2. If the loan is an outstanding loan from the seller, the seller needs to pay off the balance of the bank loan before the transfer, and the mortgage certificate will be released before the transfer can be carried out.
Hello dear, I'm glad to answer for you! If the house is sold and transferred by fraud, the rights and interests can be protected according to the following operations: 1. Write a lawsuit and file a lawsuit in the court where the defendant is domiciled. 2. If the loan is the unsettled loan of the seller Qingqi returnee, the seller needs to pay off the balance of the bank loan before the transfer, and the mortgage of the real estate certificate is released before the transfer can be carried out.
According to the provisions of the Civil Code, if the other party uses fraudulent means to make the other party carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it. Article 52 of the Contract Law of the People's Republic of China [Statutory Circumstances for the Invalidity of Contracts] In any of the following circumstances, the contract shall be invalid: (1) - the party concludes the contract by means of fraud or coercion, harming the interests of the state; (2) Maliciously colluding to harm the interests of the state, the collective, or a third party; (3) Concealing illegal purposes in a lawful form; (4) harming the public interest; (5) Violating mandatory provisions of laws and administrative regulations.
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Summary. Hello, you can file a lawsuit with the people's court to revoke the transfer.
Hello, you can file a lawsuit with the people's court to revoke the transfer.
The court prosecution process is as follows: 1. When the parties file a lawsuit, they should first submit the indictment, and submit the corresponding number of copies according to the number of the opposing party, and if the parties are citizens, the names, genders, ages, places of origin, and addresses of both parties should be indicated; If the party is a unit, the name and address of the unit, and the name of the legal representative or responsible person shall be indicated; 2. According to the principle of who asserts and who presents evidence, the plaintiff shall submit the corresponding materials to the court; 3. Within seven days after the parties have completed the necessary formalities and submitted all the relevant evidence, the case filing division shall handle the case filing formalities if they meet the requirements for filing the case; 4. The parties shall pay the case acceptance fee and other litigation fees in advance within seven days from the date of receipt of the notice of acceptance; 5. After the case filing formalities, the case will be scheduled by the court for trial.
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If you are deceived by selling the house and transferring the ownership first, you should go to the court to sue the other party, request to revoke the contract, and at the same time apply for litigation preservation of the house, and if necessary, you can choose to call the police. Due to the large value of the real estate transaction, it is necessary to be cautious in the purchase and sale of the house, and it is necessary to invite professionals to accompany the formalities, sign the contract, and carry out the transaction.
[Legal basis].
Article 148 of the Civil Code.
Where one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
Article 149.
Where a third party commits a fraudulent act, causing one party to carry out a civil juristic act contrary to its true intentions, and the other party knows or should know about the fraudulent act, the defrauded party has the right to request the people's court or arbitration institution to revoke it.
Article 151.
Where one party takes advantage of the other party's distress or lack of judgment ability, resulting in the establishment of a civil juristic act that is obviously unfair, the injured party has the right to request the people's court or arbitration institution to revoke it.
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If the circumstances are serious and constitute the crime of contract fraud, the party may report the case to the public security organ and request that their criminal responsibility be investigated in accordance with law.
[Legal basis].Article 224 of the Criminal Law.
In any of the following circumstances, in the course of signing or performing a contract, the other party's property is obtained by fraud for the purpose of illegal possession, and the amount is relatively large, a sentence of up to three years imprisonment or short-term detention is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property
1) Signing a contract with a fictitious unit or fraudulently using the name of another person;
2) Secured by forged, altered, or invalidated bills or other false property rights certificates;
3) Where there is no actual ability to perform, and the other party is induced to continue to sign and perform the contract by first performing a small contract or partially performing the contract;
4) Fleeing after receiving goods, payment, advance payment or secured property from the other party;
5) Obtaining the property of the other party by other means.
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