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The mother buys a room to belong to invalid court support to get back house mone
From;    Author:Stand originally

Ms. Wang with the daughter the name of Miss Zhang is bought secondhand room, the mother grouses to act too hastily after the daughter is informed unexpectedly, do not approbate this to have business, the requirement gets back house money. Jing Anfa courtyard adjudicated contract termination of this building business to fulfill recently, the home is returned on still buy house fund 93 thousand yuan, intermediary business returns house property to still buy house fund 15 thousand yuan.

October 2007, via Shanghai of house property intermediary the estate that send the home invests advisory limited company between two parties, ms. Wang with 24 years old of daughters the name of Miss Zhang, signed with Zhan Mou " contract of Shanghai estate business " , the agreement buys Kang Dinglu of Zhan Mou under one's name by Miss Zhang house of some 501 rooms, floor area 48.53 square metre, total house price 900 thousand yuan, the equipment that transfers along with the building and decorate charge to include in transfer cost inside. Ms. Wang pays a room the money with daughter name at the same time 110 thousand yuan give the company that send the home, the company that send the home gives Zhan Mou 95 thousand yuan of among them pass on, more than 15 thousand yuan not pass on.

After more than 10 days, miss Zhang accuses the company that send the home and Zhan Mou court, think the mother buys a room to agree without her, contract of this building business is not her herself of true meaning express. Ms. Wang also counterpoises with having independent request portion of the 3rd person attends this to have contentious case, after saying to pay deposit and part to buy house fund, object stoutly by the daughter, the requirement affirms building business contract is invalid, return by the company that send the home and Zhan Mou return 110 thousand yuan.

On the court, lady of lord of argue of the company that send the home is the mother of Miss Zhang, the company is signed in the contract in the accredit that ever enquired Ms. Wang acting daughter buys a room to whether get Miss Zhang repeatedly agrees, ms. Wang gave affirmative answer, and paid 110 thousand yuan to buy house fund with the name of Miss Zhang again after the contract is signed, the company has reason to believe Ms. Wang has legal acting limits of authority accordingly, order room contract truly on behalf of Miss Zhang. Domestic Zhan some argue says he does not have fault on, the effectiveness of business contract is maintained by the court.

In cognizance, ms. Wang and Zhan Mou all choose to continue to fulfil building business contract no longer, compensate Zhan Mou by Ms. Wang 2000 yuan, deduct directly from inside returning the returned money that buy a house.

The court thinks, although Miss Zhang and king lady are relation of mother and daughter, but Miss Zhang is adult, enjoy complete civil action competence. Ms. Wang carries out civil law action with daughter name, answer to be asked for so that the daughter's accredit agrees beforehand. Ms. Wang is in did not obtain dealership circumstance to fall, sign with the name of Miss Zhang and Zhan Mou " contract of Shanghai estate business " behavior is belonged to have no right to act as agent. In course of whole house business, ms. Wang never provides the accredit a power of attorney of Miss Zhang, the contradictory basis that passes a company to reason believes Ms. Wang has dealership is insufficient.
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