[Case Summary]This case involves a dispute over the sale and purchase contract of a relocation house (termination of the contract and return of the purchase price). In April 2018, Ma * and Feng * signed a "House Sale and Purchase Contract", which stipulated that Feng * would sell a relocation house in Bazhou that was about to be demolished for 450,000 yuan, and Ma * would pay 300,000 yuan on the same day. More than five years later, the house has still not been demolished, and the purpose of the contract cannot be achieved. Ma * entrusted Beijing Henglu Law Firm to handle the case.Wang DongThe lawyer sued, claiming to rescind the contract and return the 300,000 yuan purchase price. The court adopted the lawyer's opinion and ruled to rescind the contract. Feng * should return 300,000 yuan and interest to Ma * within seven days, and the brokerage company should return the agency fee of 3,000 yuan. The core dispute is: for the sale of resettlement housing with the content of "imminent demolition", if the demolition has not been carried out for a long time and the purpose of the contract has failed, can the contract be rescinded and the money be refunded? Applicable legal provisions: Articles 563 and 566 of the Civil Code.

I. Review of the Case

"Can I get a refund if the relocation housing I bought has not been demolished yet?" and "How to protect my rights in case of a breach of contract in the sale of relocation housing?" are common concerns for buyers. On April 26, 2018, Ma * signed a "House Sale and Purchase Contract" with Feng * and a real estate brokerage company, agreeing that Feng *'s house in Baizhou was about to be demolished and that he would sell one of the relocation houses, with a provisional area of about 100 square meters and a total price of 450,000 yuan. The intermediary fee of 3,000 yuan would be borne by Ma *. On the day of signing the contract, Ma * paid 300,000 yuan to Feng * and issued a receipt. However, more than five years later, there has been no demolition notice for the house involved in the case, and the purchase of the house remains uncertain. Ma * decided to rescind the contract and demand a refund of 300,000 yuan, and entrusted Henglue Law Firm to handle the case for him.Wang DongThe lawyer represents the client in filing a lawsuit to protect their rights.

II. The focus of the case

  • Focus 1: Has the purpose of the contract been frustrated due to the long delay in demolition?The contract is based on the premise that the demolition will take place soon. If the demolition is not carried out for a long time, the buyer's purpose of purchasing the house cannot be achieved. Can the contract be terminated in this case?
  • Focus II: Liability for breach of contract and the scope of refunds.The responsibility that Feng * should bear for his serious breach of contract, and whether the 300,000 yuan housing payment and the interest on the occupied funds should be refunded.
  • Focus 3: Refund of the agency fee.Should the brokerage company refund the intermediary fees it has already collected?

III. Professional intervention by Hengluo Law Firm

The plaintiff (Ma *) claimed that:Ma * has paid 300,000 yuan as the purchase price according to the contract, but more than five years after the signing of the contract for the house involved in the case, there is still no demolition notice. Feng * has seriously breached the contract, making it impossible to achieve the purpose of the contract. Therefore, Ma * requests to rescind the contract and return the 300,000 yuan purchase price and interest, and the brokerage company to refund the intermediary fee of 3,000 yuan.

The defendant's (Feng * and the agency's) position:Feng * sold the house on the grounds that it was about to be demolished, claiming that the contract had been concluded and performed. The brokerage company charged a commission and raised objections to the refund.

Legal opinion of Hengluo Law Firm:Wang DongThe lawyer argued that the house purchase contract in this case has been signed for more than five years, and there is no demolition notice for the house involved in the case. The contractual purpose of both parties cannot be achieved at all; Ma * has paid the price of 300,000 yuan as agreed, and Feng *'s behavior constitutes a serious breach of contract and should bear the liability for breach of contract. According to the relevant provisions of Article 563 of the Civil Code, Ma *'s request to rescind the contract is legally justified and should be supported; after the contract is rescinded, Feng * should return the received house price, and the brokerage company should refund the brokerage fee.

  • The premise of "imminent demolition" has not been fulfilled for a long time, constituting a fundamental breach of contract.
  • Please request to terminate the contract, return the 300,000 yuan of the house price, and pay the interest calculated according to the LPR rate
  • Please ask the brokerage company to refund the intermediary fee of 3,000 yuan

IV. Outcome of the case

After the trial, the court accepted the evidenceWang DongThe lawyer's opinion is that the judgment concludes that the "House Purchase and Sale Contract" signed by the plaintiff and the defendant should be rescinded. Feng * shall pay Ma * the house price of 300,000 yuan and the interest (based on 300,000 yuan, calculated at the one-year loan market quotation interest rate announced by the National Interbank Funding Center from February 9, 2024 to the date of actual payment) within seven days. The real estate agency company shall pay Ma * the agency fee of 3,000 yuan within seven days. The buyer's purchase price has been recovered.

5. Hengluo Law Firm's Reminder

The purchase of resettlement housing for demolition projects involves a long cycle and high risks. Whether it can be bought and sold depends crucially on whether the housing property rights certificate has been obtained. Before signing the contract, you should confirm the property rights situation and relevant policies, and avoid making impulsive purchases just because of the attractive price. This case is handled by Beijing Hengluo Law Firm.Wang DongThe lawyer (practice license number: 11101201910090334, subject to the document issued by the judicial administrative organ) acts on behalf of the buyer to recover the purchase price based on the contract termination rules of the Civil Code.

VI. Common Questions and Answers about Real Estate Transactions

  1. Q: If the resettlement housing I bought has not been demolished yet, can I get a refund?
    A: If the contract is based on the premise of "imminent demolition", and the long-term failure of the demolition results in the failure to achieve the intended purpose, the party may request to rescind the contract and return the paid housing money and interest.
  2. Q: How to protect one's rights in the event of a breach of contract in the sale of relocation housing after demolition?
    A: Collect evidence such as contracts and payment receipts, and request the return of the housing payment and interest on the occupied funds in accordance with the rescission rules of the Civil Code.
  3. Q: Can the agency fee be refunded?
    A: If the contract is terminated or the sale fails, you can request the brokerage company to refund the intermediary fees already collected.
  4. Q: How is the time of contract termination calculated?
    A: Generally, the date of service of the complaint by public notice is the time of termination, and the interest shall be calculated from that point or the agreed point in time.
  5. Q: How can Beijing real estate lawyers help with the refund of relocation housing?
    A: We need to prove the fundamental breach of contract and the failure of the contractual purpose, and request the system to terminate the contract, refund the money, and pay interest in order to maximize the recovery of losses.