What if the seller defaults when the house price rises?
Recently, house prices have risen so fast that some house sales contracts have not been fulfilled and house prices have risen a lot. Therefore, some sellers of second-hand housing sales contracts have begun to refuse to perform the signed contracts for various reasons. I have received many inquiries about second-hand housing transactions in the past two days, most of which are about rising house prices and sellers breaking contracts. In this kind of dispute, the buyer and the seller signed a second-hand house sales contract or tripartite contract under the auspices of the intermediary, which stipulated the main terms of the house sales in detail, and the buyer paid a certain deposit or purchase price. However, due to rising house prices, the seller said that he would either increase the price or not sell it. Faced with this situation, the buyer is most concerned about "what measures should be taken and what compensation can be demanded from the seller?" In fact, the seller is driven by the interest of skyrocketing housing prices, and the real breach of contract is beyond the control of the buyer. Although the contract will generally stipulate the default clause, if the cost of default is less than the seller's income, the seller will not hesitate to tear up the agreement. At this time, sellers often avoid passively and are unwilling to meet at all, which is basically impossible to solve through negotiation. So I think the buyer should take some measures to protect his own interests to the maximum extent. 1. Obtain the evidence of the fact that the seller requests price increase or refuses to continue to perform the contract. It mainly includes: negotiations under the auspices of intermediaries, with intermediaries as third-party witnesses; Record the communication process; Get the information of the other party's breach of contract through SMS; Apply to the notary office for evidence preservation, etc. Second, at this stage, the seller will often avoid negotiations or find various reasons not to accept the buyer's purchase price. At this time, the buyer shall send a written letter to the seller in time, demanding that the obligations of both parties be fulfilled according to the contract. Including the requirement of voluntary performance of payment obligations, in order to prevent the seller from saying that the buyer failed to perform on time in the future. The letter should be sent by express delivery, and it is recommended that the buyer entrust a lawyer to send a "lawyer's letter". Therefore, when signing a sales contract, we should pay attention to clearly stipulate the service addresses of both parties in the contract. Third, the seller's breach of contract is divided into two situations. One is that he refuses to continue to perform the contract, but does not sell the house to others. In this case, the seller often obstructs the performance of the contract by family members opposing or not going to the bank to cancel the mortgage; In another case, the seller directly sells the house to a buyer with a higher bid and handles the transfer procedures. In both cases, the buyer can claim the liability for breach of contract from the seller, and its losses mainly include: double deposit or liquidated damages (note: the deposit and liquidated damages cannot be used together, and only one can be chosen, and the intermediary fee paid by the buyer is often the highest), and the price difference loss of the house. The difference between these two situations is that the way to determine the price difference loss is different. The former is not clear and specific, and the court may determine it through price evaluation and take the middle value; Because the price of the latter is clear, the court will directly determine the price difference before and after the transaction to determine the buyer's loss. In other words, the buyer can make up for the losses suffered by the seller through litigation, and the difference earned by the seller after half a day's busy work will eventually come to nothing.