What should I do if I paid a deposit and did not sign a contract, and the developer sold the house t

After paying the deposit and not signing the contract, the developer sold the house to someone else, which is a breach of contract, and you can negotiate to compensate double the deposit, and if the negotiation fails, you can appeal to the relevant departments to protect your legitimate rights and interests.

Legal analysis

If the owner sells others after signing the contract and paying the deposit, it is a breach of contract and the deposit needs to be returned double. Negotiation, mediation, arbitration and litigation are possible. Deemed non-performance of the secured obligation.

If the purpose of the contract cannot be achieved due to the delay in performance or other breach of contract by one of the parties, the deposit penalty may be applied. Except as otherwise provided by law or otherwise agreed by the parties. Deposit penalty in case of incomplete performance of the contract.

If one of the parties does not fully perform the contract, the deposit penalty shall be applied in accordance with the proportion of the unperformed part in the agreed content of the contract. If the main contract cannot be performed due to force majeure or unexpected events, the deposit penalty shall not apply. If the main contract cannot be performed due to the fault of a third party outside the contractual relationship, the deposit penalty shall apply.

The party who is subject to the penalty of the deposit may recover from the third party in accordance with law. Liquidated damages refer to a certain amount of money payable to the other party when the parties to the contract fail to perform or perform the contract as agreed. Liquidated damages are divided into statutory liquidated damages and agreed liquidated damages, where the liquidated damages prescribed by law are statutory liquidated damages, and the liquidated damages agreed by both parties to the contract are agreed liquidated damages.

If the property loss of the other party is caused to the other party due to the breach of contract of the party, the other party shall be compensated for the losses suffered by the other party as a result of the breach of contract, which is the form of liability for breach of contract to compensate for losses. To sum up, the party paid the deposit, the house was sold to someone else, the developer is in breach of contract, and the party has the right to ask for double the deposit.

Legal basis

Civil Code of the People's Republic of China

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 587:Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

Buying a house is not a trivial matter, and if you can consult a lawyer in advance, you can better protect your legitimate rights and interests.

1. You pay a deposit, or a deposit, although the difference of one word, is different in law. If it is a deposit, the deposit penalty can be applied, that is, if you breach the contract, you cannot claim to return the deposit, and if the developer defaults, you can claim that the developer will return double the deposit.

2. Without signing a written contract, it is difficult to prove the agreement between you and the developer.

3. The house belongs to immovable property, and there are special provisions on the law on real estate transactions, which do not produce the effect of real right change when delivered like movable property, but must be registered by the real estate transaction management department to produce the effect of real right change. If the house was sold to someone else and has been registered in someone else's name, you cannot claim to buy the house back unless you can prove that the transaction between the developer and the other person was maliciously colluded and **significantly below the market**. You can only ask the developer to bear the liability for breach of contract and compensate for losses, but it is difficult to provide evidence because there is no contract between you and the developer.

It is recommended to negotiate with the developer to solve it for reference.

We signed a purchase agreement, the developer took the money privately, signed a contract, and did not pay us in the sales department.

Hello! According to the relevant laws and regulations, the developer shall collect the purchase price at the sales department or the designated bank account. If the developer collects the purchase money without collecting it in the sales department or the designated bank account, there is a breach of contract.

It is recommended that you contact the developer in time and ask him to refund the purchase price that has been collected and ask him to collect it in the sales department or the designated bank account in accordance with the regulations. If the developer is unable to solve the problem, it can complain to the relevant departments or seek legal channels to protect its legitimate rights and interests. Extended Supplements:

Article 53 of the Contract Law of the People's Republic of China stipulates that a party may, at the request of the other party, deliver the guarantee for the performance of the performance to the other party. This means that, as a home buyer, you have the right to ask the developer to provide security measures to ensure the security of the purchase money.

At the same time, Article 13 of the Administrative Measures for the Sales of Commercial Housing also stipulates that the developer shall collect the purchase money at the sales office or designated bank account to avoid disputes caused by private collection.

Summary. Hello, happy to help you answer this question <>

After the deposit is paid, and the developer sells the house to someone else, the solution: you can ask the developer to return the deposit twice. <>

Legal basis

Article 586 of the Civil Code [Deposit Guarantee] The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit.

If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit. Article 587: [Deposit Penalty] If the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.

What should I do if the deposit is paid and the developer sells the house to someone else.

Hello, happy to help you answer this question <>

The deposit for buying a house is paid, and the developer sells the house to someone else, the solution: you can ask the developer to return the deposit twice. <>

Legal basis

Article 586 of the Civil Code [Deposit Guarantee] The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit.

If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit. Article 587: [Deposit Penalty] If the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the failure to achieve the purpose of the contract, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned in double.

If it is convenient to burn and resist fiber, you can specifically say your situation, and the teacher will give you confidential information here. It will provide you with a detailed answer and provide you with a solution.

Hello, I have negotiated the training, the deposit has been paid, and the developer has sold the house to others and destroyed it, because the developer rents the house to the people who are buying now, they have a contract, and the scumbag who rents has the right of first refusal.

Is there any evidence to do so?

Can I call ** to tell you? I'm a slow type.

You can upgrade your service

I paid it first, and then they signed the contract, and the developer violated the contract.

Breach. However, the buyer has a rental contract that contains the right of first refusal.

Your side has already paid the deposit, I will pay the deposit first, and the developer will sell it to someone else.

Yes. In such cases, it is possible to prosecute and hold accountable

And ask for a refund.

Summary. Hello! According to the relevant laws and regulations of China, the reservation contract is a legally effective contract, and both parties shall perform their respective obligations in accordance with the contract.

If the developer does not sell the house to you as previously agreed, you can take the following steps:1Negotiate with the developer:

First of all, you can communicate and negotiate with the developer, clearly express your demands, and require them to fulfill their obligations in accordance with the contract. 2.Mediation or Arbitration:

If negotiation with the developer fails, you may seek mediation or arbitration from a third party. You can apply for mediation from the relevant department or institution, or entrust a professional institution to conduct arbitration to seek a fair way to resolve the dispute. 3.

Legal Channels: If mediation or arbitration does not resolve the dispute, you can resolve the dispute through legal means. You can file a lawsuit with the people's court and ask the court to order the developer to perform its obligations in accordance with the contract.

I have a booking contract, but the developer doesn't want to sell the house to me according to the ** signed before, what should I do?

Hello! According to the relevant laws and regulations of China, the reservation contract is a legally effective contract, and both parties shall perform their respective obligations in accordance with the contract. If the developer does not sell the house to you in accordance with the previous agreement, you can take the following steps:

1.Negotiate with the developer: First, you can communicate and negotiate with the developer, clearly express your demands, and ask them to fulfill their obligations in accordance with the contract.

2.Mediation or arbitration: If negotiation with the developer fails, you can seek mediation or arbitration from a third party.

If the dispute cannot be resolved through mediation or adjudication, you can resolve the dispute through the Falwan Law. You can file a lawsuit with the people's court and ask the court to order the developer to perform its obligations in accordance with the contract.

Extended supplement: When dealing with such nuclear training contract disputes, it is recommended that you keep relevant evidence, such as the modification of the reservation contract, payment vouchers, written communication records, etc., so that you can prove your rights and interests when necessary.

Summary. Hello dear, after buying the house, the developer signed the contract and did not give me the purchase contract, you can take the following measures:1

You can contact the developer and ask for the original purchase contract, or if the developer is unable to do so for a reasonable reason, you can ask for the relevant supporting documents. 2.If you are buying a new house, you can go to the local housing and urban-rural development department to check whether the developer's filing materials are consistent with the purchase contract you signed, and if there are problems with the filing materials, you can complain to the housing and urban-rural development department.

Hello dear, after buying the New Year's house, the developer signed the contract and did not give me the purchase contract, you can take the following measures:1You can contact the developer and ask for the original purchase contract, or if the developer is unable to do so for a reasonable reason, you can ask for the relevant supporting documents.

2.If you are buying a new house, you can go to the local housing and urban-rural development department to check whether the developer's filing materials are consistent with the purchase contract you signed, and if there are problems with the filing materials, you can complain to the housing and urban-rural development department.

Hello dear, the developer has signed a purchase contract but does not provide the original purchase contract, and there will be the following situations:1The developer may have illegal acts, such as false publicity, fraud, etc., so he is unwilling to provide the original copy of the purchase contract.

2.Some developers have mismanaged and may be negligent or negligent, causing the original purchase contract to be unable to be provided. 3.

Sometimes, the confusion may be due to the developer's internal management confusion, poor process and other reasons, resulting in the inability to provide the original purchase contract.

According to the relevant regulations, the developer does not provide the original purchase contract, and the buyer can apply to the local real estate registration agency for the property right certificate and other materials according to the provisions of the filial piety to ensure that their rights and interests are protected.

Summary. Hello dear! <>

If the developer has signed a contract for the sale and purchase of the house and collected the purchase price from you, but is unwilling to provide the purchase contract, it is illegal and you can take the following actions:1Negotiate with the developer:

First, you can negotiate with the developer and ask them for a purchase contract. You can contact the developer by **, mail or written letter and explain your requirements. If the developer agrees to provide a purchase contract, you can negotiate with them on a specific delivery method and time.

2.Consult a local lawyer: If the developer does not agree to provide a purchase contract, you can consult a local lawyer.

What should I do if the developer signs the contract and does not give me the purchase contract.

Hello dear! If the developer has signed a contract for the sale and purchase of the house and collected the purchase price from you, but is unwilling to provide the purchase contract, it is illegal to do the following: 1

Negotiate with the developer: First, you can negotiate with the developer and ask them for a purchase contract. You can contact the developer by **, mail or written letter and explain your requirements.

If the developer agrees to provide a purchase contract, you can negotiate with them on a specific delivery method and time. 2.Consult a local lawyer:

If the developer does not agree to provide a purchase contract, you can consult a local lawyer. A local lawyer can help you understand the legal requirements and provide you with legal advice. If your rights and interests have been violated, a local lawyer can help you protect your rights.

According to Article 10 of the Contract Law, the contract shall have legal effect. Neither party may unilaterally alter or terminate the contract.

At the same time, according to Article 23 of the Property Law, after the buyer has paid the full price, the seller shall deliver the property to the buyer and transfer its property rights within the time limit agreed in the contract!!

<> another thing to note is that if the developer can provide a purchase contract without changing the rental chain, it may affect your rights and interests. Therefore, before buying a house, it is advisable to read the terms of the contract carefully and negotiate with the developer to clarify the time and method of delivery. If your rights and interests are infringed, you can protect your rights and interests through legal channels.

At the same time, it is recommended that you choose a reputable developer to buy a house to avoid similar problems!!

<> kiss, is there anything else you don't understand? Tell me more about your situation and I'll answer for you. <>