What should I do if the seller does not hand over the house, and what should I do if the seller does

In a dispute over the sale and purchase of a house, if the seller does not hand over the house, how should the buyer sue? 1. First determine the competent court. If the seller fails to deliver the house in violation of the house sale contract, and a lawsuit is filed due to a contract dispute, the court at the place where the seller is domiciled or where the contract is performed shall be sued.

2. Bring materials to the court to file a case: Bring the complaint (the complaint includes the information of both parties, the other party is a company and needs industrial and commercial information; Specific litigation claims, such as the buyer's request to terminate the house sale contract, the seller's demand to pay the corresponding liquidated damages, etc.; Facts and Reasons; Evidence and evidence**, e.g. purchase contract); To provide evidence, that is, evidence** such as the purchase contract 3, submitted to the court case filing division, the judge of the case filing division will notify you within seven days whether you have filed the case. 4. After the people's court accepts the case, it shall try it in accordance with the legally-prescribed procedures after completing the investigation and preparatory work before trial.

Cases in which the court applies the ordinary procedures shall conclude trial within 6 months from the date on which the case is filed, and where there are special circumstances, apply for an extension in accordance with the legally-prescribed procedures. Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China Article 119 A lawsuit must meet the following conditions:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

I don't know if the house has been transferred to your name, whether the house has been paid to the other party, if the house is yours, you can sue him. If the transfer is not made, the money is not given, in the case of clear liability for breach of contract. Just follow the contract.

The hukou has moved out, will he still not move? And it's not yet the 30th. You can give back to most of them first, and the initiative is still in your hands.

Even if there is no deposit, the contract is signed, and the liability for breach of contract is agreed, and the other party will not breach the contract easily.

If the seller fails to deliver the house and is reminded to deliver the house within a reasonable period of time, the buyer may request the seller to compensate for the loss of the overdue part of the time; If the seller fails to deliver the property within a reasonable period of time after being reminded and the seller does not give a valid reason, the buyer may terminate the contract and all losses shall be borne by the seller.

[Legal basis].

Article 563 of the Civil Code.

In case of any of the following circumstances, the parties may terminate the contract:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) If one of the parties delays the performance of the debt or has other breaches of contract, the purpose of the contract cannot be achieved;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Article 577.

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.

Legal analysis: Liquidated damages compensation can be made according to the Hechai Verification. If there is no agreement in the contract on the handling of late delivery, or the agreement is not clear, or the prohibition of the law or administrative regulations is violated, it shall be dealt with in accordance with the relevant laws and regulations.

According to the relevant laws and regulations, 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.

Legal basis: Article 577 of the Civil Code of the People's Republic of China provides that 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.

As long as the contract signed between the buyer and the homeowner is true and valid, the transfer of the house is completed and the payment has been settled, the homeowner shall not refuse to hand over the house under any excuse. For homeowners who are unwilling to hand over the house, the buyer can completely ask the homeowner to compel the handover of the house with him through judicial channels, and at the same time, he can also ask the other party to compensate for the loss of the delayed delivery.

Law of the People's Republic of China on the Management of Urban Real Estate

Article 36 For the transfer or mortgage of real estate, the parties shall handle the registration of ownership in accordance with the provisions of Chapter V of this Law.

Article 62 When real estate is mortgaged, the mortgage registration shall be handled with the department prescribed by the local people's ** at or above the county level. Where land use rights and house ownership are obtained as a result of the disposal of mortgaged real estate, the transfer registration shall be completed in accordance with the provisions of this Chapter.

In practice, if the seller refuses to deliver the house because there is no house sale and purchase agreement, it should be dealt with according to the specific circumstances

1. The buyer has delivered the house rubber transportation upgrade.

1) The transfer of ownership has been completed. If the owner still refuses to move out, you can force the owner to move out of Liang's old house without damaging the safety of the owner's life and property, and ask the other party to compensate for the loss.

2) Failure to complete the transfer procedures. First, provide relevant evidence to prove that the two parties have indeed bought and sold the house, and you have actually paid for the house, and then ask the other party to quietly and actively perform the contract and deliver the house.

If the two parties cannot negotiate, they can directly claim the breach of contract with the court through litigation, and require the homeowner to continue to perform the contract, move out of the house within a time limit and compensate for the loss.

2. The buyer did not pay the house price.

Since there is no written house sale and purchase agreement, it is still necessary to provide relevant evidence to prove that the two parties do have a house sale contract, then you can claim that the other party continues to perform the contract and require the other party to admit the loss of breach of contract.

However, if it is really impossible to prove the existence of a house sale contract between the two parties, in order to avoid unforeseen losses for continued performance, there is no need for the buyer to continue to perform.

1. In the Civil Code, only the purchase contract has ownership.

After the contract is concluded in accordance with the law, the contract begins to have legal effect and enjoys ownership, except as provided by law or agreed by both parties.

Article 502 of the Civil Code [Time of Effective Contract] A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties.

In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses. If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

Where, in accordance with the provisions of laws and administrative regulations, the modification, transfer, or termination of a contract shall go through formalities such as approval, the provisions of the preceding paragraph shall apply.