-
Legal Analysis: When buying a property, two contracts are signed, one is a sales contract and one is a renovation contract. The developer's refusal to give the renovation contract is a breach of contract. The developer may demand a refund of the house price and compensation for losses if it violates the contract.
Legal basis: Article 570 of the Civil Code of the People's Republic of China If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.
Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.
Article 465 of the Civil Code of the People's Republic of China: Contracts established in accordance with law are protected by law. A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.
Article 23 of the Civil Procedure Law of the People's Republic of China Article 23 Litigation arising from contract disputes shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled or where the contract is performed.
-
Enter the area and get the decoration for free**].
1. You can go to the developer to continue to ask for the decoration contract, if the developer is temporarily unable to give the original, you can ask the developer to make a copy of the decoration contract to you, and stamp the contract with the seal of "this document is no different from the original", which also has the same legal effect.
2. If the developer still refuses, you can ask the developer Zhaoye to refund the house payment, bear the liability for breach of contract, and compensate the buyer for the corresponding economic losses, or you can complain to the housing management department and ask the developer to give the decoration contract within the time limit.
Legal basis: According to Article 596 of China's Civil Code, the sales contract includes the name, quantity, quality, performance period, packaging method, inspection method, settlement method and so on.
According to Article 597 of the Civil Code of China, if the property cannot be transferred due to the developer's reasons, the buyer may terminate the contract and require the developer to bear the liability for breach of contract. In addition, if the law prohibits or restricts the transfer of items, it is necessary to comply with the regulations.
According to Article 598 of the Civil Code of China, when selling a house, the developer shall deliver the purchase or the documents of the purchase to the buyer, and transfer the rights and obligations of the purchase.
According to Article 599 of the Civil Code of the People's Republic of China, the developer shall deliver the relevant documents and materials other than the purchase documents to the buyer in accordance with the agreement or transaction custom.
Do the math how much it will cost you to renovate your home
-
Summary. Hello, dear, <>
According to the provisions of the Contract Law, if one party breaches the contract and causes losses to the other party, the other party may claim compensation for the losses, and the amount of compensation for the losses 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. The loss of the difference in the price of the house belongs to the scope of damages, and the buyer loses the opportunity to buy the house with the same ** and loses the opportunity to buy the house, so he can claim compensation from the other party.
How to settle the decoration fee for the developer's breach of contract and termination of the sale and purchase contract of commercial housing.
Hello, dear, <>
According to the provisions of the Contract Law, if one party breaches the contract and causes losses to the other party, the other party may claim compensation for the damages, and the amount of compensation for the losses 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. The loss of the difference in the price of the house belongs to the scope of damages, and the buyer cannot buy the same house type again, and loses the opportunity to buy the house, so he can claim compensation from the other party.
Dear, <>
For the determination of the loss of housing price difference, in principle, it can be determined by comparing the difference between the market transaction price of the most similar Jianling potato-like house (the same building with the same floor and room type, adjacent buildings with the same floor and room type, and houses in the same area) and the transaction price of the sales contract, and Wang Yin can also be determined by entrusting a professional institution to conduct an appraisal or inquiring from a professional institution.
For the determination of the price difference refers to the time point of the positive historical loss, it should be reasonably determined from the perspective of protecting the non-breaching party's profits, based on the request of the non-breaching party, and taking into account the date of expiration of the performance period agreed in the contract, the date on which the breach of contract is determined, and the rise and fall of the house during the trial.
-
Summary. Kiss <>
We're happy to answer your <>
Signed a purchase agreement with the developer, full payment, decoration and occupancy, there is no formal contract, and the solution for the developer to have a debt is; In this case, you and the developer have established a contractual relationship for the sale and purchase of the house. There are two copies of the contract, and each party holds one copy, which is the practice of signing a contract. You have the right to ask the developer to give you a copy of the contract text.
Even if the developer does not give you a copy of the contract, the contractual relationship between the parties is established because you have fulfilled the main obligations of the contract by paying the deposit and down payment, and the developer has accepted the deposit and down payment and issued an invoice. If the developer runs away and refuses to deliver the house, it constitutes a breach of contract, and you have the right to file a civil lawsuit with the people's court.
Signed a purchase agreement with the developer, full payment, decoration and occupancy, there is no formal contract, the developer has creditor's rights, and the court can.
Kiss <>
We're happy to answer your <>
Signed a purchase agreement with the developer, full payment, decoration and occupancy, there is no formal contract, and the solution for the developer to have a debt is; In this case, you and the developer have established a contractual relationship for the sale and purchase of the house. There are two copies of the contract, and each party holds one copy, which is the practice of signing a contract. You have the right to ask the developer to give you a copy of the contract.
Even if the developer does not hand you a copy of the contract text, the contractual relationship between the parties has been established because you have fulfilled the main obligations of the contract by paying the deposit and down payment, and the developer has accepted the deposit and down payment and issued an invoice. If the developer runs away and refuses to deliver the house, it constitutes a breach of contract, and you have the right to file a civil lawsuit with the people's court.
Kiss <>
The so-called real estate refers to a place with walls and three-dimensional structures, which can shelter from the wind and rain, and can be used by people to live, study, work, play, live or store materials. It refers to the initial registration of houses and foundations owned by individuals or groups, and the developer is a necessary prerequisite for Shanchun to apply for the real estate certificate by himself. According to Article 34 of the Administrative Measures for the Sales of Commercial Sedan Houses, real estate development enterprises shall, within 60 days from the date of delivery of the closed houses, submit the information that needs to be registered for the ownership of the houses to the real estate administrative departments where the houses are located.
Usually, the time required by the competent authority to handle the initial registration is about 20 to 60 days, so after two or three months after the house is taken over, you can ask the developer about the initial registration, or you can go to the local real estate transaction information** to inquire. In order to ensure their own interests, the time limit for the developer to handle the initial registration should be stipulated in the Housing Purchase Contract, especially the deadline for the developer to handle the initial registration and the "obligation to notify in a timely manner" after the completion of the application, so as to clarify the liability for compensation that should be borne if the application is not completed in time.
The validity of a contract is regulated by national law, and an invalid contract is a contract that does not meet the requirements of the law. >>>More
Hello, to the problem you described, the lawyer replied as follows: >>>More
1. The contract shall be invalid under any of the following circumstances: >>>More
The first time the contract was signed for half a year, people recognized this half a year, if you continue to rent in the future, it depends on the meaning of the landlord, now this holiday changes every day, and it is natural for people to increase prices, you don't rent her to rent someone else, do you say?
Do I have to sign a contract before buying a house?