Cancellation of contract by buyer on misleading grounds
If all of the following five elements are met, the buyer may unilaterally cancel the contract on misleading grounds and seek compensation from the seller.
1.
When the seller sells the product, he has a claim to the product sold; the claim is a claim to the facts, not a personal opinion; For example, the seller claims that the quality of his property has met a specific sound insulation standard, rather than the fact that he personally believes that the quality of his property has met a specific sound insulation standard.
2.
3.
The claim is untrue; the property, for example, is not designed to meet the claimed sound insulation standards.
4.
5.
The claim is made directly or indirectly by the seller; for example, the claim is told to the buyer directly or indirectly by the developer or agent, rather than by a person who has nothing to do with the seller.
6.
7.
The claim is intended to attract buyers to contracts; the property, for example, is close to noisy places and could allay buyers' concerns if it has a good sound insulation effect.
8.
9.
The buyer did enter the contract because of the claim; for example, the buyer entered the property sales contract considering that the noise problem had been resolved.
10.
If the claim is part of the contract and the seller fails to do so, the buyer may, in accordance with the terms of the contract,
1.
Cancel the contract, o
2.
3.
The contract will not be cancelled, but the seller will be asked for compensation.
4.
If the claim is not part of the contract and the seller fails to do so, the buyer may adopt case law or written law,
1.
Cancel the contract, o
2.
3.
The contract will not be cancelled, but the seller will be asked for compensation.
4.
finish
Wang Gang, lawer, Herald Legal, law Consulting vx: heraldlegal3 for Chinese in Australia