1. What if the buyer fails the qualification examination and doesn't buy?
The result of qualification examination is generally before signing the contract. If the relevant contract is not signed, then the buyer will not bear the responsibility. However, if the contract has been signed before the verification results come out, then the seller may ask the buyer to bear the liability for breach of contract.
1. Reason for default:
The buyer is unable to continue to perform the contract due to negligence or deliberate concealment of the property under his name.
2. What should the seller do after the buyer breaches the contract?
After the buyer breaches the contract, the seller shall do the following two things:
1) Both parties negotiate to clarify the liability for breach of contract and claim compensation.
The deposit agreement and the agreement in the house sales contract:
On the content of liability for breach of contract
If the buyer defaults, the seller may not refund the deposit.
2) Sign the termination agreement.
If the contract between the buyer and the seller is terminated, the seller shall sign a termination agreement before re-selling.
Necessity:
If you sell the house directly to a third party without signing a termination agreement, it may involve the seller's breach of contract, which is not worth the loss.
Take the chain home as an example.
Attachment is the template for terminating the agreement:
Termination agreement
For example:
The seller Xiao Zhang and the buyer Xiao Wang reached a trading intention. Xiao Wang bought Xiao Zhang's second-hand house at a price of 3 million yuan. Before signing the contract, Xiao Wang confirmed that he was qualified to buy a house, signed a letter of guarantee and paid a deposit of 654.38 million yuan. After signing the house purchase contract and supplementary agreement, Xiao Wang failed the qualification examination and had to terminate the sales contract.
Results:
Through negotiation between both parties, Xiao Wang compensated Xiao Zhang for breach of contract by paying a deposit of 654.38+10,000 yuan.
Second, after the online signing, the other party repented and did not buy it. What should I do?
Online signing means that buyers and sellers sign contracts online. After this link, the buyer repented. In addition to claiming compensation, the buyer needs to cooperate with the seller to cancel the online signing in order to sell the house in the brokerage company again. If you don't cancel it, you can't pass the house verification if you sell it again! Whether it is online signing or canceling online signing, it is carried out in the local housing construction Committee.
Logout steps:
1. The party concerned fills in the cancellation application.
(1) If the contract is signed through the service window, the parties concerned shall fill in the application form for cancellation of the information of the stock house sales contract (self-closing).
(2) If the contract is signed by a real estate brokerage institution or a transaction guarantee institution, the real estate brokerage institution or transaction guarantee institution shall fill in the cancellation application in the system and print the application form for cancellation of the contract information of the stock house (brokerage transaction).
2. The parties, brokerage institutions or transaction guarantee institutions shall submit the following materials to the service window:
(1) Fill in a complete application form (signed or sealed by the parties concerned) for canceling the information of the stock house sales contract.
(2) The original and photocopy of the identity certificate of the party concerned; Entrust, also need to provide a power of attorney.
3. After checking the cancellation materials, the service window staff will cancel the online information of the contract in the online signing system.
note:
The cancellation of online signing needs the mutual consent of both parties. If negotiation fails, the party who wants to cancel the contract can only bring a lawsuit to the court.
3. What should I do if the buyer who paid the tax goes back on his word and doesn't buy it?
After paying the tax, if the buyer does not want to buy or cancel the contract, in addition to the above steps, he still needs to apply for tax refund. Before handling the tax refund, the buyer and the seller need to negotiate first, then sign the house termination contract (tax refund is required, but not if the contract is terminated before paying taxes), fill in the written application materials for tax refund, and prepare all the materials needed for tax refund.
Required information:
1. Sign the house termination transaction contract.
Anyone who reneges after signing a house sales contract and needs to terminate the transaction must sign a house termination contract, which is an important proof to avoid future disputes.
2. Fill in 2 written tax refund applications.
The contents include the contents of the original contract, the tax payment, the reason for returning the house, the reason for dissolution, the signing time, time, date and signatures of both parties, whether handwritten or printed;
3. Prepare the following materials:
1) Two written tax refund applications of the applicant.
2) The original house termination contract signed by the Buyer and the Seller and two copies of A4 paper; ?
3) Online signing of the original contract and 2 copies of A4 paper; ?
4) The original house ownership certificate and two copies of A4 paper; ?
5) The tax authorities shall issue two original copies of the first invoice (invoice copy) and the second invoice (bookkeeping copy), and one copy of A4 paper (the two original invoices shall be recovered by the tax authorities); ?
6) The original ID card of the buyer's deed tax taxpayer and four copies of A4 paper (the front and back of the ID card are printed on the same page); ?
7) The original deed tax payment certificate or payment letter of the buyer and 4 copies of A4 paper;
8) Original real-name registration system passbook, current account and personal settlement account (deposit balance not less than 50 yuan) of ICBC with the same name as the buyer's deed tax taxpayer and 4 copies of A4 paper; ?
9) 4 copies of the original taxpayer ID card and A4 paper (the front and back of the ID card are printed on the same page);
You can save the following pictures:
How to apply for tax refund after paying taxes?
How can I check out if I don't want to buy a house?
note:
Some urban areas need to make an appointment in advance for tax refund, which takes a long time and usually takes several months. Specific provisions of the local tax authorities shall prevail.
Therefore, in the process of housing transaction, if the buyer's remorse involves breach of contract, in addition to investigating the liability for breach of contract, don't forget to cancel the online signing and sign an agreement to terminate the contract!
Source: Beijing Municipal Commission of Housing and Urban-Rural Development.
Chain brokers also contributed to this article.
This content only applies to Beijing.