For example:
Ms. Qian signed a house sale agreement with Mr. Zhang, stipulating that Mr. Zhang would sell a house he owned to Ms. Sun at a price of 6,543,800+6,000. It is also agreed that Ms. Sun will pay 200,000 yuan in advance on the date of signing the contract.
Both parties agreed to hand over the house within five months after the signing of the contract, and at the same time, Ms. Sun paid the house price of 6,543,800 yuan, and then went through the online signing, and the remaining 400,000 yuan was paid when both parties completed the transfer procedures. ?
During the move, the house rose to 2 million. Mr. Zhang regretted it and didn't want to sell the house. He saved the house by breaking the contract. If Ms. Qian appeals, the court will order Mr. Gao to refund the 200,000 yuan he has collected and compensate Ms. Liu for the loss of 400,000 yuan.
Ms. Qian paid 200,000 yuan on the day of signing the contract, so the house sale and purchase agreement has been established, which means that the transfer is only a matter of time.
According to Article 1 10 of the Contract Law, the liability for breach of contract for non-monetary debts:
If one party fails to perform the non-monetary debt or the performance of the non-monetary debt does not conform to the agreement, the other party may demand performance, except in any of the following circumstances:
(a) It is legally or practically impossible to perform; ?
(2) The subject matter of the debt is not suitable for compulsory performance or the cost of performance is too high; ?
(3) The creditor fails to demand performance within a reasonable time limit.
The seller doesn't want to sell the house because of breach of contract, usually by transferring the house to others, which leads to the situation that the house no longer belongs to the seller, and it is basically impossible to perform at this time.
If it is a commercial house, the developer sells one room and two halls. According to the judicial interpretation of the Supreme Court, buyers have the right to claim compensation within twice the amount paid. However, this judicial interpretation does not apply to the liability for breach of contract in the sale and transaction of second-hand houses, or the principle of applying the general contract law is that there is an agreement to follow it, and if there is no agreement, it is calculated according to the actual loss; If the actual loss is higher than the agreed standard, you can claim the actual loss.
According to Article 1 13 of the Contract Law, the scope of damages is:
If one party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the agreement, thus causing losses to the other party, the amount of compensation 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.
Operators who provide commodities or services to consumers are fraudulent shall be liable for damages in accordance with the provisions of the Law of People's Republic of China (PRC) on the Protection of Consumer Rights and Interests.
Extended data:
Real estate transfer process
1. If the transfer of the real estate license has not gone through a real estate agent, the contract terms and breach clauses must be clearly written, and the party with the name on the seller's real estate license must be present when signing the contract (if married, both husband and wife need to be present to sign, even if there is only one name on the real estate license).
2. Materials required by the seller: original ID card and copy of ID card. If you are married, you need the original and photocopy of the marriage certificate and the original real estate license; If one of the husband and wife can't be present, they should first write a power of attorney and then go to the judicial bureau for notarization, and a copy of the household registration book.
3. Materials required by buyers: original and photocopy of ID card, household registration book and photocopy. If you are single, you need to go to the Civil Affairs Bureau to issue a single certificate.
If there is no problem with the materials, you must go to the real estate bureau to fill out some forms and a stock house contract. The amount on the stock contract must be the same as that on the contract.
If all the materials are submitted to the real estate bureau, there will be a receipt, and the tax must be paid on the date mentioned above, which usually takes about 15 working days.
After paying the tax, I'll wait in line there to get a new real estate license.
References:
Baidu Encyclopedia-People's Republic of China (PRC) Contract Law