Keywords: house sale, contract performance, breach of contract, damages
1. Typical case:
On 20 16, Lao Huang signed a house sales contract with Xiao Liu, stipulating that Lao Huang would sell all his houses to Xiao Liu at a price of 860,000 yuan. Both parties agree to go through the property right transfer formalities at the property right department before 20 17 10, and the overdue period will be regarded as a breach of contract. On the day of signing the contract, Xiao Liu paid a deposit of 50,000 yuan to Lao Huang and failed to pay the corresponding agency fee. Later, due to rising house prices, Lao Huang wanted to raise the price, but the two sides failed to negotiate. Lao Huang made it clear that he would not sell the house again. Therefore, Xiao Liu sued Lao Huang to the court, demanding to terminate the contract and compensate for the losses. In the lawsuit, the current value of the house involved in the case was appraised as1190,000 yuan.
2. The Court ruled that:
After trial, the court held that Xiao Liu's claim to terminate the contract according to law should be supported when Lao Huang made it clear that he would not perform the price terms agreed in the original contract. After the termination of the contract, if the contract has not been fulfilled or has been fulfilled, Xiao Liu may request the payment to be returned according to the performance. If Lao Huang fails to perform his contractual obligations and causes 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, but shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract. After identification, the loss of value-added housing advocated by Xiao Liu is more than 330,000 yuan. In summary, Lao Huang was sentenced to return Xiao Liu's deposit of 50,000 yuan and compensate for the loss of 330,000 yuan.
Second, the main points of understanding the law:
1. Both parties shall be honest and trustworthy to avoid disputes.
Honesty and trustworthiness and keeping promises are the basic principles that civil subjects should abide by when implementing various civil acts. The contract compilation of the civil code also establishes the legal binding force of contracts established according to law. Buying and selling houses is a major event in life, involving huge interests. Both parties should be honest and trustworthy to avoid disputes and unnecessary losses.
2. How to defend rights when encountering disputes?
If there is any dispute, don't worry. After the conclusion of the sales contract, in case of breach of contract, you can safeguard your legitimate rights and interests through legal channels. First, you should carefully search the contract agreement and seek the basis of the contract. Secondly, you should pay attention to the preservation of evidence. Evidence sufficient to prove the other party's breach of contract during the performance of the contract shall be properly kept; Finally, protect rights in time. "The law does not protect people who lie on their rights and sleep", and the limitation of action stipulated in the Civil Code also requires the obligee to seek public relief in time.
3. How to calculate the default loss?
Article 584 of the Civil Code stipulates that if one party fails to perform its contractual obligations or fails to perform its contractual obligations as agreed, 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; However, it shall not exceed the losses that the breaching party foresaw or should have foreseen when concluding the contract. In the sale of houses, if the house price rises and the seller breaches the contract, the buyer can claim the compensation amount as the value-added part of the house according to the appraisal opinion. When the house price falls and the buyer defaults, the seller can also claim losses accordingly.