In the house transaction, if the seller unilaterally breaches the contract, it shall compensate the buyer twice the house purchase deposit (except that the buyer breaches the contract at the same time).
Several reasons and legal countermeasures of seller's breach of contract
1. If the seller breaches the contract, can the buyer request to continue to perform the contract? 2. How many kinds of deposits are there? 3. Under several circumstances, the house cannot be transferred? Lawyer's interpretation: 1, the seller has to bear three consequences for breach of contract. The seller refuses to sell the house after seeing the house price rise, which is a civil breach of contract. According to the provisions of the contract law, he has to bear three consequences of breach of contract: first, continue to perform the contract; The second is to take measures to remedy; The third is insufficient compensation. These three default results are all selected by the buyer himself. Therefore, the buyer can ask the other party to continue to perform the contract without returning the seller's deposit. 2. There are three types of deposits. There are usually three kinds of "termination deposit" that cannot be signed: agreement deposit, performance deposit and termination deposit. Agreement deposit is the deposit paid to urge both parties to sign the contract, and performance deposit is the deposit paid to ensure the buyer's performance. These two deposit methods are more common. Termination deposit means that both parties agree in the contract that as long as the seller returns the deposit twice, the contract can be terminated, because this ratio is relatively rare, so it is beneficial to the seller. If the agreement understands the agreed payment, the buyer can no longer demand to continue to perform the contract. 3. In two cases, the court cannot force the transfer. First, we should see if the house is mortgaged. A mortgaged house can only be transferred with the consent of the mortgagee (usually a bank). Secondly, houses restricted from listing, such as affordable housing and central delivery rooms, cannot be transferred. Therefore, if you buy these two types of houses, you can't realize the transfer objectively, and the court can't pay the request to continue to transform the contract, that is, you can't force the transfer. The judge suggested 1 to deal with the "excuse" of the seller's breach of contract. A. When accusing the buyer of not paying the down payment on time, the judge should first verify it and then measure whether this breach of contract will lead to the seller's breach of contract. If the buyer is only one or two days late in paying the house price, it is only a slight defect, which is not enough to make the seller refuse to perform the contract. On the other hand, if the buyer does delay payment for more than 10 days, it may cause great losses to the seller, and the seller's breach of contract is understandable. Here, the buyer is reminded to pay attention to the timely performance of the contract and leave recorded evidence during the negotiation with the other party. B excuse that the second spouse doesn't know about selling the house. Some houses belong to the joint property of husband and wife. If the spouse doesn't know about selling the house, the contract may be invalid, so there are many cases where the seller uses this as an excuse to break the contract. Furthermore, the buyer can also provide evidence that the seller's spouse is present when the house is inspected or the contract is signed, including witness testimony, audio and video recordings, etc. In this way, the court can check the facts and make a judgment.
I sold my house and now I want to break my contract. What loss do I need to compensate the buyer?
At that time, there was a penalty in the contract, and you will know that it was usually twice the deposit.
Compensation for breach of contract in house selling agreement
Question 1: The maximum amount of deposit compensation is 20% of the total amount. In other words, even if the total amount of liquidated damages is 1.6 million, the deposit contract is the upper limit! It is difficult to get court support beyond the upper limit! (The total amount of compensation exceeds the total value of the subject matter, and the court will not support it.)
Question 2: Small defects in the contract as long as they do not affect the original intention of the contract.
Regarding the validity of the contract, the party that caused the defect has tried its best to remedy it and has not caused losses to the other party, so it is not liable for compensation!
Question 3: the effectiveness of the deposit contract is limited to the compensation deposit (the upper limit has been listed), and the sales contract will be liable for compensation!
I hope it helps you!
How to deal with the seller's breach of contract to buy a house and minimize the loss
Keep relevant evidence and demand compensation.
If negotiation fails, the preserved evidence can be used in litigation to safeguard their own rights and interests, maximize rights and interests and minimize losses.
How can the defaulting buyer get the compensation for the house price difference when the seller transfers the ownership?
First, the seller's breach of contract when transferring ownership.
In the process of buying and selling second-hand houses, due to the sharp rise in house prices in a short period of time, the seller, driven by interests, took advantage of the opportunity of the house not being transferred, broke the contract by various means, and maliciously breached the contract, thus causing disputes over the sale of second-hand houses. When buying a house, the buyer should pay attention to whether the seller has the following conditions to protect his legitimate rights and interests.
1, using proper legal means, according to the contract loopholes, request the court to confirm that the house sales contract is invalid.
(1) The house as the subject matter does not have the transaction conditions; Such as public houses, houses with unclear property rights, and affordable housing that does not have the conditions for listing and trading.
(2) The buyer is not qualified to buy a house; For example, urban residents buy rural houses, which is the case of the most famous painter village house sale dispute.
(3) The lessee who has the preemptive right fails to exercise the preemptive right.
(4)*** Someone doesn't know or get the consent.
(5) The mortgagee was not informed of the sale of the mortgaged house.
In the above situation, if the buyer did not pay enough attention when signing the contract, but signed an invalid house sales contract, the court will consider whether to let the seller compensate the buyer for the house price difference loss according to the fault of both parties when making a judgment.
In order to terminate the contract, the seller uses various means to make the buyer breach the contract. If you delay or refuse to pay the house payment for various reasons, which leads to the buyer's delay in payment, you are claiming breach of contract. In this case, the best way is to go to the notary office to handle the deposit of the house payment.
3. The seller directly sells the house to a third party at a high price, or transfers the house to a third party in the form of debt repayment and goes through the house transfer procedures, resulting in the house being unable to be delivered and the contract being unable to be performed. In this case, when the court decides to terminate the house sales contract, it will require the seller to make compensation according to the difference between the actual appraisal price and the contract price of the house.
Second, how do buyers get compensation for housing price difference losses?
The compensation for the difference is based on the principle of damages stipulated in the contract law, that is, the principle of total damages, that is, compensation for all the losses actually suffered by the parties. After one party breaches the contract, the other party will not only suffer the loss of existing property, but also the loss of available benefits, and these losses should be compensated. Article 1 13 of the Contract Law stipulates that if one party fails to perform its contractual obligations or fails to perform its contractual obligations, causing losses to the other party, the amount of damages shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract. For the second-hand housing sales contract, the difference between the contract price and the current house price at the time of termination of the contract (the value-added part of the house) is the benefit that the buyer deserves because of the performance of the contract. In the case that the contract cannot be actually performed and the seller actually breaches the contract, the seller can only compensate.
I sell houses. What if I break the contract?
If your receipt says "down payment", according to the law, it is double compensation, but it depends on your own negotiation, and the money will be refunded after negotiation. If you write "deposit", you don't have to pay double, just return it directly to others.
What if the seller repents and doesn't want to sell the house? How to calculate the penalty for buying a house?
The seller repented and didn't want to sell the house. Can buyers still get the house? Case: One House and Two Selling Lawsuit Ms. Sun signed a house sale agreement with Mr. Gao, stipulating that Mr. Gao would sell a house he owned to Ms. Sun at a price of 6.5438+0.6 million. It is also agreed that Ms. Sun will pay 200,000 yuan in advance on the date of signing the contract. As it will take some time for Mr. Gao to move, both parties agreed to hand over the house within five months after the signing of the contract, and at the same time, Ms. Sun paid the house price of 6.5438+0 million yuan, and then went through the online signing, and the remaining 400,000 yuan was paid when both parties went through the transfer formalities. Three months later, because the new regulations near the house drew a road leading to the urban area, the house price in this area began to rise, and soon the house has appreciated to more than 6.5438+0.8 million yuan in the second-hand housing market, and it is still rising. So Mr. Gao proposed to adjust the house payment, but Ms. Sun disagreed. Mr. Hou made it clear that the house was not for sale, so Ms. Sun sued the house sales contract to the court and asked Mr. Gao to continue to perform the contract, deliver the house and handle the transfer procedures. After being sued, Mr. Gao went to consult a lawyer and asked whether he could bear the liability for breach of contract in exchange for the opportunity of not performing the contract, because the two sides did not clearly stipulate the terms of deposit or liquidated damages. Mr. Gao believes that breach of contract is nothing more than proper compensation for Ms. Sun's interests, which is obviously appropriate compared with the benefits brought by breach of contract. However, the lawyer told Mr. Gao that according to the law, Mr. Gao breached the contract, and Ms. Sun requested to continue to perform the contract. The contract can be performed, and the court should support Ms. Sun's claim for performance. Seeing that this road was impassable, Mr. Gao came up with a "brilliant idea". The lawyer said that if it can be fulfilled, it must be fulfilled. Can you not cash it? He quickly contacted a buyer, clinched a deal at the price of 6.5438+0.8 million, and then went through the formalities of house delivery, payment and transfer. At the hearing, Mr. Gao said that the house had been sold to others, and the contract could no longer be performed, and he was willing to bear the liability for breach of contract. This caught Ms. Sun off guard, and the court also asked Mr. Gao to provide evidence of the transfer of the house, which is scheduled to reopen in two weeks. Ms. Sun herself only advocates the performance of the contract, and the case should be very simple. I didn't expect to encounter such a situation, so I quickly contacted a lawyer for help. The lawyer told Ms. Sun that their sales contract was not filed online. If she wants a house, she should apply for the preservation of the house when suing, so that the house cannot be transferred. Because we didn't apply for preservation early, we must first find out whether the house is still under Mr. Gao's name. If so, you should apply for preservation as soon as possible. If not, we basically can't get the house back. The litigation request shall be changed and the other party shall be required to bear the liability for breach of contract. After verification, the house was indeed transferred, so Ms. Sun changed her litigation request and asked Mr. Gao to bear the liability for breach of contract, and compensated her for the loss with the increase in the price of the transaction house during this period. Mr. Gao agrees to bear the liability for breach of contract, but thinks that the compensation standard proposed by Ms. Sun on the grounds of rising house prices is too high, and only agrees to pay the interest on the paid house price. After trial, the court held that Mr. Gao's sale of one room and two halls in this case constituted a breach of contract, but it could not be fulfilled because the house had been transferred to others. Appraised by the entrusted appraisal agency, the market value of the house at the time of the dispute was 6,543,800 yuan, and the house price agreed by both parties at the time of the transaction was 6,543,800 yuan+6,000 yuan. The difference should be regarded as Ms. Sun's loss, so Mr. Gao was sentenced to refund the 200,000 yuan received and compensate Ms. Liu for the loss of 200,000 yuan. In this case, Mr. Gao, who was dishonest, didn't get the benefits he expected, and Ms. Sun, who was law-abiding and inexperienced, found herself a lot of trouble and didn't get the house she wanted. In the second-hand housing transaction, because the house price rises during the transaction, the seller often defaults. For this phenomenon, we need to analyze two problems: according to the relevant provisions of the contract law, if one party breaches the contract and the observant party requests to continue to perform the contract, it should continue to perform the contract, even if the breaching party bears the liability for breach of contract, it cannot be exempted from its obligations. Unless the contract cannot be performed or the performance is meaningless. The seller doesn't want to sell the house because of breach of contract, usually by transferring the house to others, which leads to the situation that the house no longer belongs to the seller, and it is basically impossible to perform at this time. 1. Both parties shall apply for online signing as soon as possible after the contract is signed. After the online signing is completed, the seller can no longer sell the house at will. Second, after a dispute, apply to the court for property preservation as appropriate. If it is a commercial house, the developer sells one room and two halls. According to the judicial interpretation of the Supreme Court, buyers have the right to claim compensation within twice the amount paid. However, this judicial interpretation does not apply to the sale of second-hand housing, and the liability for breach of contract in second-hand housing transactions still applies. ......
How to calculate the penalty for selling a house?
The liquidated damages shall be calculated according to the amount or calculation method of liquidated damages agreed by both parties in the contract.
If there is no liquidated damages in the contract, you can't ask for liquidated damages, but you can ask the breaching party to compensate for the losses.
How to deal with the breach of contract in selling houses
Judging from what you said, the other party must have breached the contract.
The law stipulates that there are always * * ways to bear the liability for breach of contract (suitable for your situation):
1. Termination of the contract, liquidated damages+single deposit return+down payment return, 1.3 million.
2. Termination of the contract, double deposit+down payment, 654.38+0.05 million yuan.
3. Ask the other party to actually perform the contract.
4. Compensation for losses: If the liquidated damages are insufficient to compensate for the losses, the insufficient losses shall still be compensated. The amount of damages shall be equivalent to the losses caused to the other party by the breach of contract-including the benefits that could have been obtained after the performance of the contract, but shall not exceed the maximum losses foreseen or should have been foreseen by the breaching party when concluding the contract.
Prove:
1, house sales contract
2. Prove that you paid a down payment of 50,000 yuan and 950,000 yuan.
3. Proof of house value
These should be necessary. You can ask a lawyer for details. Generally, lawyers with minor problems do not charge.