A Comment Of Mr Li V.R Company By A Real Estate Sales Contract Dispute

The current real estate transaction, there are many a house two selling behavior that much because developers seek to maximize access to benefits due in the transaction. In the real estate transaction relationship, the buyer is usually due to a weak position in the face of a housing developer sold two trading often cause damage to the interests, therefore, the Supreme Court in "to hear a number of Contract applicable law interpretation issues " VIII, IX in one room for two Sell behavior made punitive damages provision that the buyer, under certain conditions can require developers to pay him no more than double the compensation paid back the principal paragraph. The initiative powerful protection of the interests of buyers, the developer of a room two to sell a certain deterrent effect. But because the law only stipulates a room two to sell the results, did not make room for the contents of the agreement to sell two acts, therefore, finds a room for two selling acts prone controversy. Coupled with the current real estate transaction, there are transactions with "renamed" form, ie, before the housing ownership change has not occurred, to recover from the sale of housing developers signed with the first buyer, and then signed with the second buyer The new contract, which is kind of similar transactions in the form of a room with two selling behavior, especially when dealing with the current contract is not in place, and a house sold in the form of two basic elements coincide, therefore, there is a buyer on the use of this, combined with "interpretation on the trial of Contract applicable law a number of issues," the eighth or Article 9 requires developers to pay compensation payments. This case is such a case situations.Through the analysis on the merits, the Court finds that a room two sell behavior, it should be combined with the actual situation to carry out, in particular, the behavior of other associated with the transaction between the buyer. For the "Issues Concerning the Trial of Contract applicable interpretation of the law," the VIII, IX applies in punitive damages, it should take into account the terms of the establishment of such punitive, compensatory legislative purpose, whether from the seller deliberately concealing(ie subjective malignant) intent and objective consideration of the loss results to determine whether the need for punitive damages and the amount of compensation size.