Recently, such things are not uncommon in the second-hand housing market in first-tier cities. Let's take a look at the following case:
At the beginning of 20 15, Mr. Wu bought a second-hand house of Ms. Jiang through an intermediary. The house purchase and sales contract stipulates that the total house price is 3.8 million yuan, the down payment is/kloc-0.6 million yuan, and the loan is 2.2 million yuan. On the day of signing the contract, the buyer Mr. Wu paid a down payment of RMB 6,543,800+0.5 million, and paid another RMB 6,543,800+0.5 million within 30 days. After the loan is approved, the registration formalities of house property right transfer shall be completed within 654.38+05 days. After that, the buyer, the seller and the intermediary signed a supplementary agreement, stipulating that if the loan failed, the seller would cooperate with the buyer until the loan passed.
After that, the buyer Mr. Wu applied for a loan from the bank, but it was not approved. Mr. Wu believes that if the second loan cannot be approved, it is better to terminate the contract if the second loan cannot be obtained. Mr. Wu told Ms. Jiang what he thought, and Ms. Jiang also thought it was better to cancel, so they wrote a "Cancellation Agreement" on their own, and agreed to cancel the house sales contract and supplementary agreement signed by both parties without going through an intermediary company.
The bank approved the loan for the second time. Mr. Wu immediately called Ms. Jiang and said that the loan had been approved and we had an appointment to transfer the ownership together. However, Ms. Jiang made it clear that the house is not for sale and the down payment and deposit should be returned to Mr. Wu. Because during the loan approval period, Ms. Jiang's house has risen by hundreds of thousands, and some buyers have expressed their willingness to pay more than 500,000 yuan.
How to solve it?
The buyer can bring a lawsuit to the court and request to continue to perform the contract, but the contract between the two parties has not been terminated. Although the house sales contract is signed by the buyer and the seller, the supplementary agreement is signed by the buyer and the seller and the intermediary. The contract is relative and only valid if the three parties agree to terminate it. In addition, both parties agreed to terminate conditionally. Only when the second loan is not approved, both parties will terminate the contract. Now that the loan has been approved, the premise of termination no longer exists. Therefore, only the termination agreement signed by the buyer and the seller does not have the effect of terminating the contract, and the house sales contract is still valid.
According to the stipulations in the House Purchase and Sales Contract and the supplementary agreement of both parties, the seller shall cooperate with the buyer to handle the registration procedures of house ownership transfer within 15 days after the loan is granted. If it is not handled within the time limit, Ms. Jiang, the seller, constitutes a breach of contract. Mr. Wu Can brought a lawsuit to the court, demanding to continue to perform the contract.
There is a common obstacle in litigation to continue to perform the contract. At present, most people buy houses by loans, which involves the interests of banks or provident fund departments, and the court cannot forcibly approve loans. If the loan cannot be approved, the buyer may have to pay the full amount if he wants to continue to perform the contract, and the court may decide to continue to perform the contract and cooperate with the transfer procedures. If the buyer insists on loan payment, the court will reject the lawsuit that requires the seller to cooperate with the transfer. In this case, Mr. Wu has obtained the loan approval, which makes it easier to get support.
In the above example, "If the agreed loan fails, the seller shall cooperate with the buyer until the loan passes" and "Go through the registration formalities of house property right transfer within 15 days after the loan passes", which very well avoids the situation that the seller does not cooperate with the loan approval and handle the transfer, so it is necessary to sign the house purchase contract and related agreements in time. There are many reasons why the mortgage can't be approved, such as bank loan policy, national policy and personal reasons of the lender. Before buying a house loan, go to the bank in advance to understand the relevant policies and inquire about personal credit records to find out whether and when the mortgage can be approved. Signing a house purchase contract as soon as possible and approving the loan is king.
(The above answers were published on 20 16-03- 17. Please refer to the actual situation for the current purchase policy. )
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