Unauthorized agency caseNo. 1: 1997 10 In October, a painting and calligraphy mounting shop signed a contract with the famous calligrapher Zhao to entrust the creation of calligraphy works. It is agreed that Zhao will deliver 20 couplets to the mounting shop before February 1998, and the mounting shop will pay Zhao 5000 yuan. 199765438+In February, Zhao accidentally injured his right arm, and entrusted his son to write all the couplets, which were sent to the hotel and paid by the mounting shop. However, the hotel soon felt that the style of the work was different from Zhao's, so it asked experts to make an appraisal and found that it belonged to someone else's work.
Unauthorized agency case 2: On125 October 2007, 10, Wang signed a life insurance contract with an insurance company. The applicant is Wang, the insured is Zhang, the wife of Wang, and the beneficiary is the son of both parties. The insured amount is long-term life insurance, and the insured amount is 654.38+10,000 yuan. The insured Wang pays the insurance premium according to the insurance contract, and the insurance company underwrites it. In July 2008, Wang complained to the insurance company that the insurance company changed the insured to his wife Zhang without his consent and asked the insurance company to restore Wang as the insured. When the insurance company asked Zhang about the situation and asked Zhang about Wang's ID card and power of attorney when going through the change procedures, Zhang did not directly answer the insurance company's question, only said that this matter was a private matter between her and Wang, and did not want the insurance company to introduce people. After verification by the insurance company, it was found that Wang and Zhang were going through divorce procedures, and there were serious differences on the issue of property division between the two sides. Zhang holds the ID card and power of attorney of himself and the original insured Wang to handle the formalities of changing the insured. The insurance company has issued a letter of approval, but the insured and the insurance company have not signed a contract amendment agreement. In addition, Wang has two valid ID cards. Wang's ID card presented by Zhang to the insurance company was issued by the public security organ and was legal and valid. As for the signature on the power of attorney, according to the handwriting appraisal department, Wang's signature on the power of attorney was not written by himself.
The third case of unauthorized agency: 20 12 Mr. Zhang wanted to buy a wedding room and met Shimou under the introduction of a real estate agent. Shimou said that her cousin, Ms. Lan, has a house in Haidian District, Beijing that needs to be sold urgently, with an area of 78.25 square meters and a price of 2.9 million yuan.
Accompanied by the intermediary, Mr. Zhang has seen the house and expressed his willingness to buy it. 20 12 12, Shimou said that his cousin, Ms. Lan, couldn't come because of her busy work, and specially entrusted me with full authority to handle the sale of the property. Shimou provided the original ID cards of him and Ms. Lan, the original real estate license of Ms. Lan and the original power of attorney on the spot. Under the witness of the employees of the real estate agency, Shimou signed a house sales contract with Mr. Zhang in the name of Ms. Lan. According to the contract, the transaction price of the house is 2.9 million yuan, and the buyer, Mr. Zhang, needs to pay a deposit of 654.38 million yuan as part of the purchase price when signing this contract. The buyer and the seller shall go through the loan application procedures before 20 13 65438+ 10/0/,and the loan amount of the buyer, Mr. Zhang, is 1.77 million yuan.
After Shimou signed the Declaration of the Absence of the Property Owner at the request of the real estate agent, Mr. Zhang paid Shimou a house purchase deposit of 654.38 million yuan and a commission of 78,300 yuan to the real estate agent.
Unexpectedly, after the contract was signed, Shimou and Ms. Lan failed to fulfill their contractual obligations. Mr. Zhang had no choice but to take Ms. Lan, Shimou and the real estate agent to court, demanding the return of the house purchase deposit, agency fee and compensation as agreed.
Case 4: The taxi driver Sun and his wife * * have a 60-square-meter old building in the early 1980s (registered in their names). Their husband and wife have long discussed selling the old building and buying a spacious new one. At the beginning of March this year, when Sun's wife was on a business trip, a buyer, Zhang, came to the door. After seeing the house, Sun and Zhang successfully signed a house sales contract. The main contents of the contract are: house price 102000 yuan, 20000 yuan in advance, and 70000 yuan before May/kloc-0. On the day of payment, Sun handed over the house to Zhang for possession and use, and completed all the transfer procedures before the end of May, and then Zhang paid off the balance 12000 yuan.
However, on April 20 this year, Zhang informed Sun that because he learned that the house was owned by Sun and his wife, only Sun signed it and was not authorized to act as an agent. He wants to cancel the house sales contract and ask Sun for the 20,000 yuan he has paid. However, Sun did not agree to terminate the contract. Sun's wife thought that the sale of the house was discussed by the husband and wife long ago, and also made it clear to Zhang that the ratification contract was valid. In the case of fruitless negotiation between the two parties, Zhang filed a lawsuit with the court, requesting the court to confirm that the house sales contract concluded between the plaintiff and the defendant was invalid, and Sun Xianxian returned 20,000 yuan. After the court heard the case, the judgment supported the plaintiff Zhang's above claim.
No right to represent the case Article 5: