Disputes over the sale and purchase of houses

First, when the two parties sign the contract, the contract is formed and takes effect;

Second, the other party has clearly stated that its non-performance of the contract constitutes an anticipatory breach of contract.

Third, they should bear the liability for breach of contract.

Basis: Contract Law of the People's Republic of China

Formation and Entry into Force of Contract] Article 44, a contract established in accordance with law shall take effect from the time of its establishment.

Anticipatory breach of contract] Article 108, where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, it is correct.

The party may require it to bear the liability for breach of contract before the expiration of the performance period.

Liability for breach of contract] Article 107 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.

I am a Qingdao lawyer, a 1600642875 of the ball, and I am happy to serve you.

Under normal circumstances, Party A does not constitute a breach of contract, and the Contract Law has the right to perform the defense first, and Party B fails to handle the bank's preliminary examination in a timely manner as agreed, which constitutes a breach of contract first, and it is reasonable for Party A to refuse to sell the house in the case of Party B's breach of contract first.

Look at the contract, whether there is any agreement on the termination conditions, and see under what conditions Party A can terminate the contract; If there is no agreement to terminate, then see if the statutory conditions for termination are met; There is also the reason why the down payment is paid, and the reason why Party B did not go through the preliminary examination procedures of the bank.

1. The contract has actually been performed.

2. It should be effective.

3. That is, you sell the house, the other party pays, and you have received the loan and gone through the change procedures.

In fact, it is to deceive you into selling to him in disguise, saying that you will sign a fake contract, and as long as the bank lends money, it will have legal effect. That is, the fake is also true, otherwise which bank will pay back?

Article 52 of the Contract Law stipulates that the contract shall be invalid if there are any of the circumstances listed in the following draft: (1) one party concludes the contract by means of fraud or coercion, which damages the interests of the state; (2) Malicious collusion, harming the interests of the state, the collective, or a third party; (3) Concealing illegal purposes in a lawful form; (4) harming the public interest; (5) Violating mandatory provisions of laws and administrative regulations.

You have no legal basis to claim that the contract is invalid, and the court will not support it.

However, if his breach of contract has caused you a loss (credit loss), you can ask him for compensation; It is also possible to cancel the contract. If you cancel the contract, you can also take back the house!

The agreement will not be won when the request is invalid.

Article 230 of the Contract Law stipulates that: "If the lessor sells the leased premises, it shall notify the lessee within a reasonable period of time before the sale, and the lessee shall have the right of first refusal to purchase the property under the same conditions." ”

Article 118 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law stipulates that: "When the lessor sells the house, it shall notify the lessee three months in advance, and the lessee shall enjoy the right of first refusal under the same conditions; If the lessor fails to sell the house in accordance with this provision, the lessee may request the people's court to declare the sale of the house invalid. ”。

You have made it clear in June this year that you want to buy this house, and you have signed a house purchase contract with both parties, proving that the home owner agrees to the terms and conditions of sale recorded in this contract. If the landlord sells the property again without your knowledge, you can apply to the legal declaration that the latter's sale of the house is invalid.

After that, you will be given priority to purchase the property under the original contract, as when the contract was signed in June, the conditions were the same as agreed by the owner. This condition should have a certain degree of certainty, and there should be no change of circumstances due to subsequent changes in the state of affairs.

After that, if you do not claim to purchase the property and the lease contract is still valid, the new owner has no right to ask you to move out of the property, because the lease period has not yet expired, and "the sale does not break the lease". When the new owner acquires the property, they also receive the right to benefit from the property, so you will need to pay rent to the new landlord. At the same time, you can apply to the original landlord for liability for breach of contract and request the return of the contract prepaid price and interest.

If the homeowner has not yet completed the transfer with a third person, then you can ask the homeowner to continue to fulfill the property between you. My personal suggestion is that you first need to immediately apply for advance notice registration at the Labor Bureau, then apply to the court for property preservation to prevent the homeowner and a third party from going through the transfer procedures at the Housing Authority, and then file a lawsuit with the court to ask the other party to continue to perform the contract and go through the transfer procedures. If you do not wish to continue to buy the property, you have the right to continue to rent the property even if you do not purchase the property.

It is recommended that you bring your documents to your local law firm for detailed consultation.

Recordings and witnesses, as well as payment receipts, can be used as evidence of the sale, but be sure to note the following:

1. The recording should be clear, and the facts of the transaction should be heard through the recording 2. The witnesses must be disinterested and must be more than 2 people.

3. The receipt clearly states that it is the purchase price.

Otherwise, the court may declare that the sale is not established on the grounds of insufficient evidence, and it is recommended that the buyer, Wang, take the evidence to the local people's court to file a lawsuit!

If the appeal is made, the buyer is not very likely to win, and the absence of the sales contract and the receipt of payment is the biggest flaw.

The recording can be used as evidence, but the party presenting the recording must prove the time, place, people present, and background at the time of collecting the evidence, and prove the legality, authenticity and probative power of the recording.

First of all, if B does not have the title deed, he has no right to transfer the house, and the sales contract of A and B is invalid.

Secondly, the house has a mortgage loan, and the sale and purchase of A and B are invalid without the consent of the lending bank.

A can now claim that B should return the money paid, but A has no right to the house.

You made a very bad decision.