Consequences of reneging: double deposit.
The buyer has just paid a deposit and has not signed a formal sales contract. In this case, the legal relationship is relatively clear, which is equivalent to the pre-purchase contract, and the main body of the contract is the purchase right of the target house. If the seller is unwilling to sell the house due to breach of contract, the buyer may demand double refund of the deposit or compensation for liquidated damages.
Can you go back on your word after signing the deposit agreement and the sales contract?
Xiaoming is going to sell the house to Xiaohong. After the two sides signed the house sales contract, the house price soared, and Xiao Ming went back on his word. What legal responsibility should Xiaoming bear at this time?
Consequences of breach of contract
1. The buyer's court of appeal may make a compulsory transfer to the buyer.
When the buyer meets the following five conditions, he can claim compulsory transfer:
(1) The signed sales contract is valid;
(2) The purchaser is qualified to purchase a house;
(3) The purchaser has the ability to pay in full. If a loan approval letter has been issued, some courts will also support the transfer;
(4) The seller constitutes a fundamental breach of contract, that is, the evidence materials that the seller explicitly stated not to sell and the evidence materials whose obligations stipulated in the contract are overdue for more than fifteen days;
(5) Trading houses are not subject to restrictions such as seizure;
However, whether the court will decide the compulsory transfer depends on the specific case. If the court supports the buyer's lawsuit, the buyer can also ask the seller to pay liquidated damages. Although the liquidated damages will be borne as appropriate, it will not be worth the loss at that time.
What I want to pay attention to here is:
(1) Continued performance must be based on actual performance. If the seller has sold the house to a third party (in good faith) and completed the transfer, the seller can no longer actually deliver the house. In this case, the buyer can only ask the seller to compensate for losses such as liquidated damages.
(2) The court can only make a judgment of compulsory transfer, and cannot make a judgment or ruling on account transfer.
2. The buyer has the right to terminate the contract, and requires the seller to bear the fundamental liability for breach of contract.
In specific litigation, the judge will comprehensively judge the specific amount of liquidated damages according to the following factors (but not limited to):
(1) Actual loss of observant party (core);
(2) The degree of malice of the breaching party;
(3) Degree of performance of the contract;
In addition, the buyer can also ask the seller to bear the agency fee paid to the intermediary according to the contract.
3. Double the deposit.
If the amount of liquidated damages decided by the court is lower than the actual loss of the observant party (if the rising house price has exceeded 20% of the total house price, then the excess is also the actual loss of the purchaser), then the observant party may demand compensation from the defaulting party for its losses; Otherwise, the liability for breach of contract and compensation for losses cannot be applied at the same time; However, the liability for breach of contract and the penalty for deposit can only be selected and cannot be applied at the same time.
In addition, as for the way buyers choose to protect their rights and interests, buyers can decide according to their actual situation and needs. As the breaching party, the seller has no right to choose to terminate the contract, and the choice is in the buyer's hands!
Can the seller go back on his word after the buyer has paid the house price?
If the seller refuses or slowly performs the contract, but the buyer insists on continuing to perform it, if there is no practical difficulty in continuing to perform the contract after examination, the court will generally judge both parties to continue to perform the contract.
"There is no practical difficulty in continuing to perform the contract" mainly means that the house involved has not been sealed up by the court because of other cases; 2. There are no other rights such as mortgage on the house involved, and if there are, it should also meet the demolition conditions; The buyer should have the economic strength to pay the remaining payment, and provide relevant vouchers. Since the buyer and seller have completed the online signing procedures, the buyer who wants to continue to perform the contract must pay the remaining purchase price, and there is basically no possibility that the buyer can't solve the capital problem in the previous stage.
Therefore, if the seller breaches the contract at this time, no matter whether the buyer requests to continue to perform the contract or claims the liability for breach of contract, the winning rate of entering the litigation stage is very high.
Buyer's remorse
Buyers can't buy a house because of their qualifications.
The results of qualification examination are generally known before signing the contract. If both parties fail to sign the relevant contract, the buyer will not bear the responsibility. However, if the contract has been signed before the verification results come out, then the seller may ask the buyer to bear the liability for breach of contract. If the buyer breaches the contract, the seller shall do the following two things:
1. Both parties negotiate to clarify the liability for breach of contract and claim compensation.
The deposit agreement and the house sales contract stipulate that if the buyer breaches the contract, the seller may not return the deposit.
2. Sign the termination agreement.
If the contract between the buyer and the seller is terminated, the seller must sign the termination agreement before re-selling, otherwise the seller will be liable for breach of contract.
Buyers can't buy a house because of their qualifications.
The seller can claim compensation according to the contract, sign a termination agreement, and ask the buyer to cooperate with the cancellation of the online signing. If it is not cancelled, the resale will not pass the house verification.
To cancel online signature:
1, the parties fill in the cancellation application.
(1) If the contract is signed through the service window, the parties concerned shall fill in the Application Form for Cancellation of the Purchase and Sale Contract Information of Stocking House (self-transaction);
(2) If the contract is signed by a real estate brokerage institution or a transaction guarantee institution, the real estate brokerage institution or transaction guarantee institution shall fill in the cancellation application in the system and print the application form for cancellation of the contract information of the stock house (brokerage transaction).
2. Submit:
Signed or sealed "Application Form for Cancellation of Stock House Sales Contract Information"; Original and photocopy of the identity documents of the Buyer and the Seller; Entrust, also need to provide a power of attorney.
3. After checking the cancellation materials, the service window staff will cancel the online information of the contract in the online signing system. If the seller does not cooperate with the cancellation of the online sign, the seller can only bring a lawsuit to the court.
What if the buyer who paid the tax reneges on buying a house?
After paying the tax, if the buyer does not want to buy or cancel the contract, in addition to the above steps, he still needs to apply for tax refund. Before handling the tax refund, the buyer and the seller need to negotiate first, then sign the house termination contract (tax refund is required, but not if the contract is terminated before paying taxes), fill in the written application materials for tax refund, and prepare all the materials needed for tax refund.
Required information:
1. Sign the house termination transaction contract.
2. Fill in two written tax refund applications.
3. Prepare the following materials:
The applicant applied for tax refund in writing in two copies, the original and photocopy of the house cancellation contract signed by the buyer and the seller, the original and photocopy of the online signing contract, the original and photocopy of the house ownership certificate, the original and photocopy of the first invoice (copy of invoice) and the second invoice (copy of bookkeeping) issued by the tax authorities on behalf of the buyer (2 copies recovered on behalf of the invoice), and the original and photocopy of the buyer's deed tax taxpayer ID card. Four originals and photocopies of the buyer's deed tax payment certificate or payment letter, four originals and photocopies of A4 paper for the bank's real-name registration system registration system passbook, current account and personal settlement account (the deposit balance is not lower than that of 50 yuan) consistent with the name of the buyer's deed tax taxpayer, and four originals and photocopies of the taxpayer's ID card (the ID card is printed on the same page on both sides).
4. Carry the information of both parties and go to the local tax bureau and the brand office for tax refund.
In the process of house transaction, if the buyer's remorse involves breach of contract, the seller must not forget to cancel the online signing and sign an agreement to terminate the contract, in addition to investigating the liability for breach of contract.