2024-08-19
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Buying a house is a major event in every family's life. Especially when choosing a second-hand house, buyers should be more careful and pay attention to related risks.
In June this year, Mr. Ji, a citizen, bought a second-hand house in Baoshan District. However, a few days after the house was delivered, a man suddenly brought people to pry open the lock and move into Mr. Ji’s house. The real owner, Mr. Ji, was unable to return home. What was going on?
In early June, Mr. Ji saw a second-hand house in the residential area where he rented a house. He was satisfied with its size, location, and room type. The most attractive thing was that the house was several tens of thousands of yuan lower than the market price.
The reason why the house price is so cheap is that this house with a total price of 1.85 million yuan has two mortgages totaling 1.7 million yuan, and there are tenants in the house, making it inconvenient to view the house.
Although he had not seen the house in person, Mr. Ji was very familiar with the house type and environment in the community because he had lived there for five years. Therefore, he immediately expressed his intention to buy the house to the agent. The agent also assured Mr. Ji that they would definitely be able to arrange the mortgage and tenants, and guarantee that the house could be delivered within three days after obtaining the property ownership certificate.
In this way, on July 4, Mr. Ji, who had never seen the house, successfully transferred the ownership with the help of the agent and obtained the property certificate. Thinking that there were still tenants in the house, Mr. Ji could not wait for the house to be handed over and went to the house to understand the situation. At this time, he learned from the tenant that the house actually had a sub-landlord who signed a ten-year lease! However, at this time, the agent comforted Mr. Ji and said that this so-called ten-year lease was invalid.
On July 8, the original tenant moved out as agreed, and Mr. Ji and the previous tenant completed the house handover process smoothly. Mr. Ji had just breathed a sigh of relief after getting the key to the new house, but something unexpected happened again. Just three days after the house was handed over, the "second landlord" mentioned by the original tenant brought people to the house to pry open the lock. After Mr. Ji called the police, the police stopped the second landlord from prying the lock in time.
However, the sub-landlord who failed to break into the house that day came again two days later while Mr. Ji was away at work, pried open the door lock, arranged for someone to move in, and changed the lock directly. Mr. Ji called the police again, and the police said that there was a lease dispute in the house, and Mr. Ji could only resolve it through prosecution or negotiation.
On July 18, the reporter accompanied Mr. Ji to his door. After knocking on the door, no one answered. Mr. Ji said that although no one answered, there was always someone in the house. He often went to the new house to check, and the lights were on every night.
Faced with the dilemma of having a home but not being able to return, Mr. Ji had no choice but to contact the sub-landlord through the original tenant, who presented him with a 10-year lease. The sub-landlord also said that the agent was clearly aware of the 10-year lease on the house, and Mr. Ji should also look for the agent if he wanted to hold the person responsible.
In order to find out what this so-called 10-year lease is all about, the reporter accompanied Mr. Ji to the agency Qianding Real Estate.
Manager Zhu of the company said that they had indeed heard of the existence of a second landlord during the real estate transaction, but they went to the real estate transaction center to check the rental record of this house and found that it did not exist, and the original owner of the house, Aunt Dong, also clearly stated that there was no lease for the house. Therefore, based on these investigations, they believed that this so-called lease was not established.
Manager Zhu also said that the 10-year lease presented by the second landlord itself had problems. The original owner of the house purchased by Mr. Ji was Aunt Dong, but the lessor column of the lease had both Aunt Dong and her daughter, Ms. Wu, signed by her daughter. Ms. Wu had previously cheated her mother of money.
During the communication process, Mr. Ji believed that the agent was negligent in not checking the major hidden dangers in the house in advance. However, the agent said that their work had been completed on the day of handover and they could provide the contact information of the original owner and his daughter to assist Mr. Ji in handling subsequent matters.
In order to further clarify the facts, the reporter took Mr. Ji to find the backup lawyer Zhang Xu, and called the original owner Aunt Dong on the spot, but the person who answered the phone was not her, but Aunt Dong's daughter.
On the phone, Aunt Dong's daughter readily admitted that she had rented out the house without telling her mother. The lawyer said that combined with the video evidence that Aunt Dong had clearly denied the existence of a lease on the day of handover, it can be preliminarily determined that the lease is invalid.
Now that Mr. Ji has the relevant evidence, his backup lawyer suggests that he can inform the sub-landlord and negotiate a solution, or he can file a lawsuit to apply for removal of the obstruction and require him to move out.
At present, after negotiations, Mr. Ji and the second landlord have reached an agreement, and Mr. Ji will move into his new home soon.
Source: Case Focus