What if the mortgage can't be done? Whose liability for breach of contract is it? Look at these points

Netizen Xiao Li recently encountered problems in buying a house. There is nothing wrong with my income and credit information, but I still can't do it within the specified time. The reason is that the developer paid less when submitting the materials. Xiao Li is very dissatisfied with this. He originally wanted to terminate the contract and let the developer bear the responsibility for breach of contract. Later, he was worried about the cost of time, so he considered to make up the materials quickly and let the developers compensate for the liquidated damages. At first, developers shirked their responsibilities. Later, Xiao Li negotiated with the developer with the contract. The contract says that if the loan is not done because of the developer, the developer should bear the responsibility for breach of contract, so that the other party has to be soft-hearted.

In addition to the breach of contract caused by developers, there are also reasons for sellers, buyers themselves and non-buyers and sellers.

1. Seller's reasons

There are also many potential problems in buying second-hand houses. For example, in addition to verifying the above information, it is best to specify the proportion of liability for breach of contract and liquidated damages when signing a house purchase contract. If there is a problem, it can be justified to make the other party unable to defend.

2. There is something wrong with the buyer's personal credit information or submitted materials.

There is also a situation where the buyer has problems, such as submitting incorrect materials, providing false information, and failing to pass personal credit investigation. The most common problem is credit investigation. If the bad personal credit record is caused by non-malice, you can negotiate with the bank or try to go to other banks, and the bank with loose requirements may approve the loan. However, if the overdue period is serious, for example, the credit card is overdue for three consecutive times, with a total of six times, and the amount is large, it is hopeless to apply for a loan.

3. There is no problem with materials and credit information, but the bank approves loans slowly.

There is nothing wrong with the buyer's materials and credit information. After the materials were handed in, the loan was delayed. Especially with the tightening of credit policy this year, it is normal for the loan approval cycle to become longer. Buyers and sellers can only wait patiently for bank loans. If the bank fails to lend money on time within the prescribed time limit, the purchaser may claim that the bank shall bear the liability for breach of contract in accordance with the contract. In addition, if the government or bank loan policy changes and the bank stops the mortgage business, the buyer and the seller can solve it through consultation. If negotiation fails, it can only be settled through the court.

In actual cases, when the court makes a judgment, it will first take the contract agreement as the standard. Therefore, when signing a contract, everyone will write clauses such as liability for breach of contract into the contract. Once there is a problem, there will be enough evidence to protect rights and minimize losses.

No matter who caused the mortgage failure, it was the prospective house slaves who suffered the most. I finally took a fancy to a house, but I couldn't get a loan. You should know that time is money. If you delay for a few more months, the house price will go up. If you catch up with the new policy, you may even lose the qualification to buy a house. Therefore, when buying a house, everyone should pay more attention, carefully check the information of the house and the owner, provide materials as required, and try not to make mistakes.

(The above answers were published on 20 17-03-06. Please refer to the actual situation for the current purchase policy. )

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