At the end of 20 15, Mr. Wang from Shanghai booked a second-hand house for Ms. Ye through an intermediary, and both parties agreed to complete the transaction after the Spring Festival on 20 16. After the Spring Festival, Mr. Wang paid a down payment and signed a house sales contract. Both parties agree to complete the registration of house property right transfer within 15 days after the bank loan comes down.
Half a month later, Mr. Wang's loan came down, but when the house property transfer registration was completed, Ms. Ye did not appear. Until later, the intermediary came forward to let the two sides meet. Ms. Ye said that if her house is not for sale, she can refund the deposit and down payment of 654.38 million yuan paid by Mr. Wang in advance. Later, I learned that after 20 16, Shanghai's housing prices rose rapidly, and Ms. Ye's house has risen by hundreds of thousands, and there are no buyers.
Although Mr. Wang wanted to complete the transaction, Ms. Ye chose to break the contract. After that, Mr. Wang had to choose to defend his rights.
In the eyes of the industry, when house prices fluctuate, there will be more disputes in second-hand housing transactions, usually when the seller defaults, while the decline in house prices increases the number of buyers defaulting. In this case, the lawyer suggested that the buyer can file a civil lawsuit and ask the seller to continue to perform the contract. If the seller insists on not performing the contract, he can ask the seller to compensate for the economic losses caused by the rise in house prices.
Because both parties clearly stated in the contract that they need to wait for the bank loan before they can continue to perform the contract. In this case, Mr. Wang got the loan on time, and Ms. Ye was obviously at fault for the breach of contract. Mr. Wang's claim will be supported by the court.
But in reality, our housing loan involves the management of banks or provident funds. If the loan is not approved, the bank can't ask them to lend on time. If you want to get this suite, the buyer has to pay the full amount first, and then apply to the court for compulsory transfer.