How to determine the liability for breach of contract when buying a house?

Generally, the liability for breach of contract is mostly the one for selling a house, and there are still relatively few for buying a house, and most of the cases are because the buyer does not perform in accordance with the requirements of the liability clause in the contract, and there is a breach of contract, which is the time for the buyer to be liable. There are two main cases.

One is what we often say, pay a deposit to buy a house, but the house suddenly drops sharply, the price reduction may exceed the buyer's own deposit, or the buyer himself suddenly needs money urgently, and there is no extra money to buy a house, then in this case, it must be the responsibility to buy a house, and the deposit will definitely not be refunded to buy a house if you sell the house, so even if you go to court, you will not be able to, but it will be directly judged to be the liability for breach of contract for buying a house.

There is also a kind of signing a contract to buy a house, and suddenly the bank can not get a loan, or their bank is suddenly frozen, and there is no way to pay the installment at the end of the time, at this time it must be the buyer's responsibility, of course, this kind of loan can not be paid or frozen is a minority, most of them are because they really can't get the money, and there is a default at this time.

If it is a seller who is easy to talk to, he may say that he will postpone a little to let you pay, but if it is delayed for a long time, then it is impossible, and it will directly sue you for breach of contract like the court, at this time your house may be returned to the seller, and even the money you have paid in front of you will not be returned, this situation is a bit untryable, so when buying a house, you must consider whether this will happen.

How to determine the liability for breach of contract in the dispute over the sale and purchase contract of commercial housing is an issue that must be resolved after the occurrence of such disputes. However, since most of the contracts for the sale and purchase of commercial housing are in a formal format, the agreement on the way to bear the liability for breach of contract is relatively clear, and once the agreement is unclear, we can also determine the calculation method of the relevant losses in accordance with the relevant provisions of the Interpretation on the Sale and Purchase of Commercial Housing.

Article 17 of the Interpretation on the Sale and Purchase of Commodity Housing stipulates that if the contract for the sale and purchase of commercial housing does not stipulate the amount of liquidated damages or the calculation method of compensation for losses, if the house is delivered for use within the time limit, it shall be determined in accordance with the rent standard of the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.

Paragraph 2 of Article 18 of the Interpretation on the Sale and Purchase of Commercial Housing stipulates that if the buyer fails to obtain the certificate of ownership of the house within the prescribed time limit due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless the parties have special reasons; If the contract for the sale and purchase of commercial housing does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

1. How to bear the liability for breach of contract in the purchase of real estateThe most common way of liability in the contract in real estate sales is liquidated damages, that is, the breaching party pays a certain amount of monetary compensation to the observant visit. The amount of liquidated damages or the calculation method of liquidated damages shall be in accordance with the contract if there is an agreement in the contract, and if there is no agreement in the contract, it shall be in accordance with the statutory requirements. If the parties to the contract have neither agreed on the amount of liquidated damages nor on the calculation of liquidated damages, the injured party can directly claim compensation in accordance with the provisions of the law once the cause of breach of contract occurs.

According to the principle of fairness, the agreement between the parties to the contract on liquidated damages should not be excessively higher or lower than the actual loss caused by the breach of contract. Liquidated damages and deposit terms cannot be applied at the same time, and one or the other can be chosen. According to the provisions of the Contract Law, the liquidated damages clause and the deposit clause cannot be applied at the same time.

If the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clauses when one party breaches the contract.

2. How to bear the liability for breach of contract in the purchase of a house Article 114, paragraph 2 of the Contract Law stipulates that if the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them. Article 16 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts further clarifies that if a party requests a reduction on the ground that the agreed liquidated damages are too high, the liquidated damages shall be appropriately reduced on the basis that the liquidated damages exceed 30% of the losses caused; Where a party requests an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined on the basis of the losses caused by the breach of contract.

Default circumstances for buying a house include: the buyer temporarily suspends the transaction, is unwilling to redeem the property, and is unwilling or does not pay the house price on time; The seller asks for an increase in the purchase price, sells the house to a third party, and fails to deliver the house on time; The parties agreed that the buyer needed to pay the deposit for the purchase of the house, but the seller did not sign for the deposit at the time of delivery.

Legal basisArticle 577 of the Civil Code.

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.

Article 578.

If 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 it to bear the liability for breach of contract before the expiration of the performance period.

The liability for breach of contract for the purchase of a house is determined in the following circumstances: the buyer temporarily suspends the transaction, is unwilling to foreclose the property, and is unwilling or unwilling to pay the house price on time; The seller demanded an increase in the purchase price, sold the house to a third party, and failed to deliver the house on time; The parties agreed that the buyer needed to pay the deposit for the purchase of the house, but the seller did not sign for the deposit at the time of delivery.

The liability for breach of contract in the purchase of a house shall be borne by the breaching party, and if the parties have agreed on the liability clause for breach of contract in the sales contract, they shall bear the liability according to their agreement; If there is no agreement, the parties may require the breaching party to bear the liability for breach of contract such as taking remedial measures or compensating for losses.

Legal basis

Article 577 of the Civil Code.

If one of the parties fails to perform its obligations under the contract or the performance of its 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.

Article 579.

If one of the parties fails to pay the price, remuneration, rent, interest, or fails to perform other monetary obligations, the other party may request payment from the other party.

Article 582.

If the performance does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 510 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to request the other party to bear the liability for breach of contract such as repair, rework, replacement, return, reduction of the price or remuneration of the person in the leather code segment.

There are several circumstances to determine the liability for breach of contract for the purchase of a house: the buyer temporarily suspends the transaction, is unwilling to foreclose the property, is unwilling to pay the house on time; The seller asks for an increase in the purchase price, sells the house to a third party, and fails to deliver the house on time; The parties agreed that the buyer was required to pay the deposit for the purchase of the house, but the seller did not sign for the deposit at the time of delivery.

Legal basisArticle 577 of the Civil Code, which came into force in 2021.

If one of the parties fails to perform its obligations under the contract or the performance of the contract 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.

Article 578.

If one of the parties to the seller expressly states or shows by its own conduct that it does not perform its obligations under the contract, the other party may request it to bear the liability for breach of contract before the expiration of the performance period.

The liability for breach of contract when buying a house refers to the liability that the actor needs to bear if he fails to perform his contractual obligations or fails to perform his obligations in accordance with the contract after the signing of the housing sales contract, mainly including: the liability for breach of contract for continuing to perform, the liability for breach of contract for taking remedial measures, and the liability for breach of contract for compensating for losses.

Legal basis] Article 577 of the Civil Code.

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.

Article 584.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

The liability for breach of contract when buying a house refers to the liability that the actor needs to bear if he fails to perform his contractual obligations or fails to perform his obligations in accordance with the contract after the signing of the housing sales contract, mainly including: the liability for breach of contract for continuing to perform, the liability for breach of contract for taking remedial measures, and the liability for breach of contract for compensating for losses.

1. How to deal with the breach of contract by one of the parties.

After the breach of contract, the non-breaching party may require the breaching party to bear the liability for breach of contract, and there are three main ways to bear the liability for breach of contract: continued performance, remedial measures, and compensation for damages.

a) Continued performance. Continued performance, also known as actual performance, means that the creditor may request the people's court or arbitration institution to compel the debtor to actually perform its contractual obligations when the debtor fails to perform its contractual obligations.

ii) Remedial measures. The remedial measure is that the debtor's performance of the contractual obligations does not conform to the agreement, and the creditor requests the people's court or arbitration institution to compel the debtor to actually perform the contractual obligations, and Senyu can require the debtor to take remedial performance measures according to the performance of the contract.

3) Compensation for damages. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, the other party shall be liable for damages if the other party has other losses after performing the obligations or taking remedial measures. The specific forms of damages include compensation for losses, payment of liquidated damages, and the application of deposit penalties.

2. What is the responsibility for non-performance of the contract?

Failure to perform the contract is subject to liability for breach of contract. If the party 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. If losses are caused to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract.

Article 577 of the Civil Code of the People's Republic of China stipulates that if a party 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.

Article 578 stipulates that if 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 it to bear the liability for breach of contract before the expiration of the performance period.

3. The contract cannot be performed.

After signing the contract, if the other party fails to perform the contract, it is a breach of contract, and the other party may file a lawsuit with the court to require the other party to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. 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.

Article 577 of the Civil Code.

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.

Article 584.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.