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What's wrong with this lawyer?!-Chapter 621 - 197: Dug a Hole, and You Really Jumped In!_3
While speaking, Old Niu scrutinized the pale-faced young man, who appeared like a comet. After a few years,it was clear to any discerning person that the young man was breaking some of the industry’s established rules.
Old Tang across the table naturally didn’t know what the other person was thinking. In fact, he really did hope someone was engaging in trickery...
Yet now, when greeted, he responded with a smile, "Good to see you, President Niu, I’ve heard a lot about you."
Afterward, both parties fell silent. Old Niu couldn’t help but sigh; when he was about the same age as the young man across from him, he was still worrying about how to survive...
It’s maddening to compare people, especially in the face of such talent.
Soon, both parties entered the civil court, took their respective seats for the plaintiff and the defendant, and began court preparations as the clerk called to order.
At the same time, a figure wearing a mask and sunglasses quietly entered and sat in the gallery.
Since Lv Ziyang’s family members were already in the gallery, it wasn’t strange that an additional person had arrived.
However, Lv Ziyang’s wife took a look and, trusting her intuition, felt that this person seemed familiar...
The man was naturally Wang Dengfeng, and he simply wanted to find out how Tang Fangjing would handle the case.
As the clerk called "All rise," the members of the judicial panel entered, and the Judgment Chief declared the court in session.
After the necessary procedures, the court’s examination phase began, and Old Tang started to read the indictment.
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Wang Dengfeng listened intently, and then he heard the plaintiff’s demand.
"Double the return?"
When he heard the claim, he thought he had misheard. The demand seemed exaggerated; it was normally difficult to even get the deposit back!
Then, he heard the presented facts and reasoning.
"False advertising? Prestigious schools? Does this count?" Wang Dengfeng listened and suddenly felt confused. Surely such a case wouldn’t be supported by the court, right?
Apart from Wang Dengfeng, Lv Ziyang’s family in the gallery was also stunned upon hearing the demands.
"Xiaojuan, I didn’t mishear, did I? The lawyer said... said they want a refund of 400,000?" Lv Jianshe whispered nearby.
Of course, his idea of whispering was quite different; his voice was loud enough for the Judgment Chief to look over.
Lv Ziyang’s wife quickly indicated she would be quiet, after which the Judgment Chief said, "Alright, plaintiff, please continue."
Once the proceedings resumed, Xiaojuan said, "Dad, you heard right, it’s 400,000."
Everyone was bewildered. Initially, they had hoped to get back a 200,000 deposit, but now the claim was for double the return, which came as a pleasant surprise.
Lv Ziyang’s mother kept silent beside them but thought to herself that if they had agreed with the company earlier, they would have settled for 200,000. It seemed it was better to take the advice of others.
Soon the trial reached the evidence examination phase, and Old Tang began to present evidence first.
"Evidence one, Ya Shi Company’s promotional flyer for... the project, which prominently displays in artistic font the signing of prestigious schools, proving Ya Shi Company had made the offer regarding the signing of prestigious schools."
Old Niu from the other side contested, "We have no objection to the authenticity and objectivity of the evidence, but we dispute its relevancy. This flyer is just an advertisement aimed at an unspecified audience and should be considered an invitation for offers, not an offer itself."
"Evidence two, an official response from the Changyi district education system, which clearly states that both the primary and middle schools in the residential project are newly established, proving the existence of false advertising by Ya Shi Company."
"We have no objection to the authenticity, objectivity, or relevancy of the evidence..."
There was no room for dispute; could you say that the education system’s official response was fake? Or that the company’s flyer was fake? Neither could be the case, so one must admit the existence of false advertising.
Not much to fear here—false advertising isn’t a capital offense. Old Niu never intended to pursue this angle from the start.
After both sides completed their evidence presentation and cross-examination, the court debate phase began.
Old Tang was the first to express his views, "According to the Civil Code’s Article 473, if the content of commercial advertising and promotion meets the conditions of an offer, it constitutes an offer."
"Similarly, according to ’The Supreme People’s Court Interpretations on Several Issues Concerning the Application of Law for the Trial of Cases Involving the Sale of Commodities Dispute’ Article 3:
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"The promotional advertisements and materials for commodity housing are invitations for offers, but if the seller’s explanations and promises regarding the housing and related facilities within the development planning scope are concrete and clear, and have a significant impact on the conclusion of the commodity housing sale contract and the determination of the housing price, it shall be regarded as an offer."
"In this case, the signing of prestigious schools can be determined to have a significant impact on the conclusion of the contract, so it should be regarded as an offer..."
You steadfastly claim it’s not an offer, merely an invitation for offers, then let me cite the legal regulations for you, and let’s see how you refute that.
Old Niu’s expression didn’t change, or perhaps he knew from the start that the path of the invitation for offers wouldn’t hold. Unless the judge was out of his mind, he would surely rule it as an offer.
Claiming "the signing of schools in the residential area doesn’t affect the purchase and price of the house"—if a judge dares say that, they might as well become the second Judge Wang, because that plainly defies logical reasoning.
So he had to choose another path!
Old Niu started, "Firstly, before signing the commodity house presale contract, both parties signed a subscription agreement, which is also a contract."
"Now, since the plaintiff party has not yet signed the commodity house presale contract with my company, can we assume that after seeing our promotional flyer, the plaintiff decided to sign the subscription agreement with us!"