My house is about to be sold, the other party has already paid the deposit, what do I need to do nex

Updated on Financial 2024-04-30
8 answers
  1. Anonymous users2024-02-08

    Start by drawing up a contract. Such as heating bills, water and electricity bills, property fees, etc., are stated in the contract which one pays, when to move, when to vacate the house, the time should be clear, and the party responsible for the transfer fee is all indicated. When handling the transfer, bring your ID card, real estate certificate, and land use certificate.

    In short, the real estate company gives you everything to bring. And most importantly don't forget ... Bring money:

    That's all I can think of, I don't know if it's useful to you.

  2. Anonymous users2024-02-07

    What should I do if I don't want to sell my house after receiving a deposit?

    1. The deposit for the sale of the house is to ensure that the contract can be carried out smoothly, and the deposit paid before signing the formal sales contract is also a good contract to ensure that the deposit is paid for the signing of the formal contract. Generally speaking, the deposit to be paid is agreed upon when the subscription letter and letter of intent are signed, which is a kind of guarantee for signing a formal contract, which is the contract money.

    2. If the seller pays the deposit but suddenly does not want to buy the house, then the developer can not refund the deposit. If you encounter a situation where the developer has received a deposit but suddenly does not want to sell the house, you need to compensate double the deposit. If the seller can prove that the personal loss caused by the developer's non-sale is greater than the double compensation deposit, the seller can request the developer to compensate for the loss.

    After receiving a deposit, I don't want to sell the house, what should I pay attention to when selling the house?

    1. The seller should not take the initiative to breach the contract after agreeing on the depositAccording to the real estate sales contract provided by the intermediary now, the contract stipulates that the contract is to understand the agreed payment, that is, the seller wants to terminate the contract, and only needs to return the deposit twice, and it can not be forced to perform and does not need to further compensate for losses. If the buyer and the seller are individuals signing the contract, rather than an intermediary operation, then if the seller voluntarily breaches the contract, it will face the possibility of returning double the deposit and compensating for the loss of the price increase.

    2. For houses with leases, the right of first refusal should be confirmed. If you ignore the renter's right of first refusal, the consequences will be serious, and the tenant can request to revoke the sales contract between you and the buyer. If the renter waives the right of first refusal, he must also inform the buyer that there is a tenant, otherwise the buyer will find trouble.

    3. Do not entrust notarization with carte blanche. If there is a loan mortgage on the seller's house, and the mortgage cannot be repaid by himself after the sale of the house, it is generally necessary to entrust an intermediary and a guarantee company to handle it with full authority to achieve the purpose of redeeming and selling the house. And the seller has the most problems in this middle, because of the carte blucca, the agent can buy and sell the house on his own without the seller's consent, and at the same time, it is often against some of the seller's verbal opinions, not according to the seller's wishes, but according to the agent's own wishes.

  3. Anonymous users2024-02-06

    Summary. Under normal circumstances, when there is a dispute over the sale and purchase of commercial housing, we have two ways to protect our rights: one is to negotiate with the other party, and both parties sign the relevant agreement after consensus; Second, if you cannot reach a consensus, you can prepare a complaint and file a lawsuit with the court.

    Hello, the question you raised about the developer's sale or mortgage of the house that has not been paid for and has not been upgraded after obtaining the land use right will generally involve the legal liability of the developer for false publicity, the legal risk of buying a house in a borrowed name, how the developer can protect his rights when selling one house and two houses, and the risks that should be paid attention to when buying a foreclosure house. Depending on the circumstances of the specific case, the impact on the outcome will also be different.

    But I still want to buy it.

    Under normal circumstances, when there is a dispute over the sale and purchase of commercial housing, we have two ways to protect our rights, one is to negotiate with the other party, and after reaching a consensus, the two parties can sign the relevant agreement; Second, if you cannot reach a consensus, you can be prepared to file a lawsuit with the court.

  4. Anonymous users2024-02-05

    You must have signed the contract before you paid the deposit, and there should be a receipt for the deposit. There will be a breach of contract clause in the contract.

    It is determined that whether you have delayed for too long is because you have not bought the house or the seller has sold the house without authorization, you can judge according to the contract. If the seller is in default, he needs to refund the deposit and compensate you, if it is a breach of contract caused by you not paying for a long time and not buying a house, then the deposit may not be refunded.

  5. Anonymous users2024-02-04

    Is it traded privately or through an intermediary? Private transactions can only be made through legal means, and if it is an intermediary company, it directly takes the purchase contract at that time and asks the intermediary to claim compensation.

  6. Anonymous users2024-02-03

    Circumstances in which the deposit for the sale of the house can be returned: 1. If the developer has not obtained the pre-sale license of the commercial housing, that is, does not have the legal conditions for the pre-sale of the commercial housing, the deposit for the purchase of the house agreed with the buyer is invalid. 2. The developer deliberately conceals important facts or provides false information.

    3. Failure to go through the property rights transfer procedures on time. 4. If the developer is late in delivery, there is an error in the vertical area of the house, and the decoration does not meet the contract, etc., the developer can ask for the deposit for the sale of the house.

    [Legal basis].

    Article 566 of the Civil Code: After the contract is terminated, if it has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses. If the contract is terminated due to breach of contract, the person who loses the right to terminate may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties. After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability that the debtor should bear, unless otherwise agreed in the guarantee contract.

  7. Anonymous users2024-02-02

    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.

  8. Anonymous users2024-02-01

    It depends on how the contract for the sale and purchase of the house you signed or the contract of intent to buy a house stipulates the liability for breach of contract after one party breaches the contract.

    The deposit is often a kind of security to bind both parties to continue to perform and conclude the transaction, and according to the "deposit penalty", the seller should return double the deposit to you if it fails to perform.

    Legal basis: Article 115 of the Contract Law [Deposit] The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights in accordance with the Security Law of the People's Republic of China. After the debtor performs the debt, the deposit shall be offset against the price or recovered.

    If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

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