Mr. Liu Successfully Defended Buyer’s Rights in Housing Contract Dispute‌

Mr. Liu represented a client in a second instance court proceeding concerning a dispute arising from a commercial housing ready-to-move-in sales contract. The contract stipulated the transfer of a house from the seller to the buyer, with the buyer paying the agreed purchase price shortly after signing.

Due to reasons attributed to the seller, the buyer faced difficulties in applying for the property certificate. The situation escalated when the seller subsequently locked the house, hindering the buyer’s use of it. The buyer initiated legal action, demanding the seller to adhere to the contract and assist in obtaining the property certificate, along with the request for the seller to cover litigation costs. Supporting documents included the sales contract, transfer vouchers, purchase invoices, move-in handover forms, and utility and property fee receipts.

The court of first instance sided with the buyer, acknowledging the contract’s legality and the buyer’s fulfillment of obligations. The court ordered the seller to continue performing the contract and assist with the property certificate application within a specified timeframe. The seller was also liable for the case acceptance fee.

Aggrieved by the ruling, the seller appealed, contending erroneous factual findings and legal application by the original court. The seller asserted that the buyer was not the legitimate purchaser of the house, thereby invalidating the house sale. However, the seller failed to provide relevant evidence to support these claims.

Mr. Liu, advocating for the buyer in the second instance, effectively countered the seller’s arguments by emphasizing the contract’s validity and the buyer’s adherence to it. Lawyer L also highlighted the seller’s inability to present countervailing evidence.

Upon review, the appellate court upheld the first instance’s judgment. The appellate court dismissed the seller’s appeal, confirming the contract’s validity and reiterating the seller’s obligation to fulfill the contract and assist with the property certificate application within a reasonable period. The appellate court also ordered the seller to bear acceptance fees for both instances.

In summary, Lawyer L successfully safeguarded the buyer’s rights by proving the contract’s validity and the buyer’s fulfillment of obligations, leading to the appellate court’s affirmation of the first instance’s judgment in favor of the buyer‌.