What should I do if I sell my house and break the contract, and how to break the contract if the hou

According to Article 118 of the Judicial Interpretation of the General Principles of the Civil Law, "the lessor shall notify the lessee three months in advance of the sale of the house, 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. Therefore, if the landlord does not notify you of the tenant's right of first refusal 3 months before selling the property, you can claim that the contract of sale and purchase is invalid.

According to the second paragraph of Article 119 of the Judicial Interpretation of the General Principles of the Civil Law, "if the property rights of a private house are transferred due to sale, gift or inheritance during the lease period, the original lease contract shall continue to be valid for the lessee and the new owner". If you don't want to buy the house, you can claim to continue to lease the house, which is a reflection of the sale and purchase of the lease, that is, the lease contract that existed before the change of ownership of the house will not change during the lease period due to the change of property rights of the house during the lease period, so you can inherit the lease of the house, and the new owner has no right to ask you to move out of the house.

Finally, you can ask for a termination of the contract and ask the landlord for liquidated damages. Legal basis: 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 of the People's Republic of China provides that the lessor shall notify the lessee three months in advance of the sale of the leased house.

The lessee has 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.

Since the contract has been signed and the deposit and down payment have been paid in accordance with the contract, then you can ask the other party to continue to perform the contract, which will be supported by the court in law, and of course, you can also choose to ask the other party to bear the liability for breach of contract and terminate the contract. Of course, if you want the house, then it is recommended that you apply to the people's court to seize the property before filing a lawsuit with the people's court, so as to avoid the other party continuing to resell the house to a third party and go through the transfer procedures when you sue, otherwise you will not be able to get the house even if you win.

If the contract had been signed, he would have breached the contract. According to Article 5 of the Contract Law, if the agreement on the subscription, ordering, reservation and other agreements of commercial housing has the main content of the commercial housing sales contract as stipulated in Article 16 of the Administrative Measures for the Sales of Commodity Housing, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be deemed to be a commercial housing sales contract. Therefore, you have the right to ask the court to rule that the contract is valid.

Now the house has been demolished due to development, because of the compensation involved, the seller wants to terminate the sale agreement, the buyer should get how much in principle is double the deposit, but I think the buyer will definitely not give up, maybe have to go to court,

<>1. If the house is not sold, the contract is broken Skill 1: Help the buyer find a more favorite **. If the house does not want to be sold, according to the contract to compensate for liquidated damages, if the seller wants to break the contract, to terminate the sales contract with the buyer, according to the contract agreed in the breach of contract to pay, if there is no agreement in the contract, the rule is to compensate the buyer 2 times the deposit, or to pay 20% of the total ** of the house, if you want to break the contract to minimize the compensation is to help the buyer find a more favorite **, so that the buyer will not ask for liquidated damages, and the seller will not have any loss;

2. If the house is not sold, the second skill of breaking the contract: postpone the transfer. If the house is not sold, the landlord will not clearly state that he refuses to go through the transfer transaction procedures, but he may create some excuses to ask for an extension of the transfer time, and after the buyer agrees to the extension, he has been unsure of the specific transfer time, and the buyer cannot wait and terminate the contract is also a technique for breaking the contract.

In this case, the buyer must promptly send a written reminder to the landlord to sign the contract at the agreed time;

3. If the house is not sold, break the contract Skill 3: Strive for the buyer's understanding. If you do not sign an agreement, you can try to contact the buyer to explain the situation, and you may not have to lose money to obtain the buyer's understanding, if the buyer does not agree to terminate the contract, you need to pay twice the deposit.

If you have signed a contract and repent, you must compensate according to the liquidated damages on the contract, and if you refuse to pay compensation, the buyer can appeal, so don't take this risk;

4. Do you have to pay the intermediary fee if the house is not sold and the contract is broken, the second-hand house is often broken in the transaction, as long as the formal purchase contract is signed, the intermediary fee must be paid to the intermediary, this article is written in the purchase contract, if the landlord does not sell the landlord is in breach of contract, the intermediary fee is paid by the landlord, and the buyer is paid double the fixed money, if the contract has not been formally signed, it means that the transaction has not been successful in the real sense, so there is no need to pay the intermediary fee.

There is no skill, because the contract has been signed, as long as it is a breach of contract, then it is necessary to compensate according to the contract. Therefore, it is necessary to think clearly about the consequences of default, and then decide whether to default or not. The consequences of a breach of contract are quite severe.

If a specific sales contract or agreement on the sale of the house has been signed with the owner, and the owner is indeed in breach of contract, the other party can be required to bear the liability for breach of contract, including the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If the other party neither performs nor assumes responsibility, it may file a lawsuit with the court.

According to the Civil Code of the People's Republic of China, if one of the parties fails to perform its contractual obligations or does not comply with the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures prudently, or compensating for losses.

If the seller breaks the contract, he will bear three consequences. The seller refuses to sell the house after seeing the price of the oak house, which is a civil breach of contract, and according to the provisions of the Contract Law, it must bear three consequences of breach of contract: first, continue to perform the contract; the second is to take measures to remedy; The third is the lack of compensation.

These three types of default outcomes are chosen by the buyer, so the buyer can demand that the other party must continue to perform the contract without the seller returning the deposit.

Legal basis

According to Article 577 of the Civil Code, if one of the parties fails to perform the obligations of Heliang or Tutong or the performance of the 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.

Summary. Legal basis: Article 495 of the Civil Code of the People's Republic of China, where the parties agree to conclude a contract within a certain period of time in the future, constitutes an advance contract.

If one of the parties fails to perform its obligation to conclude a contract as stipulated in the reservation contract, the other party may request it to bear the liability for breach of contract in the reservation contract. Article 522:Where the parties agree that the debtor shall perform the debt to a third party, and the debtor fails to perform the debt to the third party or the performance of the debt does not conform to the agreement, it shall bear the liability for breach of contract to the creditor.

Hello dear! We'll be happy to answer for you; If the other party has already paid the house price and needs to return it, then it may be necessary to pay the other party compensation according to the negotiation result, but if the negotiation fails, then it is necessary to bear the liability for breach of contract in accordance with the signed house sale agreement, or pay liquidated damages.

Legal basis: Article 495 of the Civil Code of the People's Republic of China stipulates that the parties agree to conclude a contract within a certain period of time in the future, such as a subscription letter, an order book, a reservation book, etc., constitute an advance contract. If one of the parties fails to perform its obligation to conclude a contract as stipulated in the reservation contract, the other party may request it to bear the liability for breach of contract in the reservation contract.

Article 522:Where the parties agree that the debtor shall perform the debt to a third party, and the debtor fails to perform the debt to the third party or the performance of the debt does not conform to the agreement, it shall bear the liability for breach of contract to the creditor.

Q: How to break the contract in time if you regret selling your house:

1. Call the intermediary agency that signed the contract in time and ask them to break the contract;

2. If the contract is signed in the housing trading center, then you can check with the housing trading center and submit a request for breach of contract, and ask it to assist in the procedures for breaking the contract;

3. If the contract is registered with the court, then you can submit a request for breach of contract to the local basic court and request it to assist in the procedures for breaking the contract;

4. Apply to the local housing transaction center, grassroots court and relevant institutions for a letter of repudiation;

5. If there is a breach of contract with the buyer, the buyer can apply to the local people's court for a mandatory order ordering the buyer to perform his obligations;

6. If the buyer fails to perform his obligations in a timely manner, he may apply to the local people's court for a compulsory order to enforce his obligations and request him to assist in the procedures for breaking the contract.

If you renege on selling the house, you can negotiate with the buyer to terminate the contract, but this is a unilateral breach of contract by the seller and you need to bear legal responsibility. The buyer can ask the seller to pay liquidated damages. Liquidated damages refer to the money that should be paid to the other party if one party breaches the contract according to the agreement of the parties or the direct provisions of the law.

Article 585 of the Civil Code provides that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach; It is also possible to stipulate the method of calculating the amount of compensation for losses arising from the violation of the Yuling Covenant. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the defaulting party shall also perform the debt after paying the liquidated damages.