What kind of compensation can I claim if I have signed a commercial housing subscription letter and

Generally, double the deposit or other terms agreed in the purchase contract will be returned.

Well, if the seller cannot buy the house due to the seller's reasons, it is a breach of contract by the seller, after all, the two parties have signed a subscription letter for the commercial house, then the seller needs to pay a certain amount of liquidated damages.

In the current law, the subscription letter is not a contract, so you can at most claim liability for negligence in contracting against the other party, but not liability for breach of contract.

If the commercial housing subscription letter has been signed, but the seller cannot buy the house due to the seller's reasons, this is a unilateral breach of contract by the other party. You can ask the other party to pay liquidated damages and financial compensation for delaying the sale of the house.

If you have signed a purchase order and cannot buy a house due to the buyer's reasons, you can request double the amount of the deposit given to the other party for compensation.

Then this is the relationship between the other party, which can be in accordance with your contract. The compensation method inside is compensated.

If you have signed a commercial housing subscription letter and cannot buy a house due to the seller's reasons, you can ask the other party to bear the liability for breach of contract and claim compensation according to the provisions of the contract.

I have ordered a commercial housing subscription book, but I can't buy a house due to the seller's reasons, what can I ask for? You can ask him to compensate you for your losses!

If the other party pays the deposit, it can not be refunded, and it is caused by the other party's mistake.

If there is a clear liability for breach of contract in the commercial housing subscription letter, you can ask for compensation according to the contract, if not, your deposit requires double compensation.

If you have signed a commercial housing subscription letter and cannot buy a house due to the seller's reasons, you can now claim compensation from the other party according to the liability for breach of contract signed on the subscription letter.

If you have signed a commercial housing subscription, which is the so-called agreement, and the other party can't ** the house, you can ask for the corresponding compensation for the agreement deposit.

Look at the main content of the contract for the sale and purchase of commercial housing written in the order book, and if it is not written, he is not afraid. Just ask for a refund. If you write it out, there is no way, if you don't buy it, you will be in breach of contract, and the deposit will not be refunded.

The first clause of the subscription letter mentioned by you cannot be deemed to comply with the following legal terms. The main content of the contract for the sale and purchase of commercial housing must be clear and specific in the subscription letter. The agreement in Article 1 excludes the seller's main obligations under the law and is invalid.

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.

Article 5 The subscription, ordering, reservation and other agreements of commercial housing have the main content of the commercial housing sales contract 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 recognized as the commercial housing sales contract.

Measures for the Administration of the Sales of Commodity Housing

Article 16. When selling commercial housing, the real estate development enterprise and the buyer shall enter into a written contract for the sale and purchase of commercial housing.

The contract for the sale and purchase of commercial housing shall specify the following main contents:

1) The name or address of the parties.

2) The basic condition of commercial housing;

3) The sales method of commercial housing.

4) The method of determining the price of the commodity and the total price, payment method, and payment time;

5) Conditions and date of delivery.

6) Commitment to decoration and equipment standards;

7) Water supply, power supply, heating, gas, communications, roads, greening and other supporting infrastructure and public facilities delivery commitments and related rights and responsibilities.

8) the ownership of public supporting buildings;

9) How to deal with area differences.

10) Handling matters related to property rights registration;

11) Methods of Dispute Resolution.

12) Liability for breach of contract;

13) Other matters agreed by both parties.

Check whether the property has a sales permit or pre-sale permit, if not, the subscription letter is invalid. If the other party has complete certificates and has not breached the contract, the deposit cannot be refunded if you do not perform the contract. However, developers are unwilling to offend customers and rarely do not refund the deposit, go to the sales office to communicate with the other party, and it takes a little bit of tongue to refund.

Reasonable, but also unreasonable.

First of all, if there is a conflict between the terms of the latter contract and the terms of the same content in the previous contract, the terms of the latter contract shall prevail according to the relevant provisions of the Contract Law, and all the terms of the latter contract shall prevail.

Besides, it is unreasonable, due to the negligence of the real estate consultant, there is no agreement on the delivery date and signing date (the format contract must have the agreed time and signing date of the delivery), so you can follow the delivery time in your subscription book. It's a pity that you don't have the original subscription form in your hand.

This kind of problem reflects the lack of legal awareness of the majority of home buyers, and the adverse consequences caused by the lack of knowledge to collect evidence, and at the same time are used by developers.

In your question, you should not have made copies of the relevant written materials such as the subscription form.

There can be no doubt that the purchase contract must stipulate and specify the delivery time. You can negotiate with the developer first and ask for the delivery date to be filled in according to the regulations. If the negotiation fails, it can be brought to law. The court will definitely rule you won.

If the contract is not signed, the court will consider the time you pay the down payment. This is the time of your payment receipt.

As for the invalidity of the subscription letter, it is no longer important.

It is illegal for the purchase contract to not have a signing date and a delivery date, and you can take the contract to sue you. The subscription letter is generally automatically invalid after the contract is signed. You can claim the right to the contract and ask the developer to stipulate the delivery date in the contract.

There is no legal concept of a subscription letter in the existing laws and local regulations, and there is no legal provision that a subscription letter should be signed before buying a house. Therefore, signing a subscription letter is not a necessary procedure to buy a house. Therefore, if possible, it is best for the buyer to sign the purchase contract directly without signing the subscription letter after determining the project to be purchased.

In this way, you can avoid being passively involved in the negotiation with the developer on the terms of the contract due to the agreement in the subscription letter, especially the issue of the deposit.

What is the nature of a subscription letter? What should I have? Does it have legal effect?

In the practice of real estate transactions in this city, it is generally considered that the subscription letter is a legal document with the nature of a letter of intent. The main contents are:

1. The main information of the relevant parties such as the seller, the buyer, the first person, etc.; 2. The situation of subscribing to the property (real estate); 3. The price of the house; 4. Payment method; 5. Subscription terms and other contents. Moreover, the subscription letter usually needs to be signed and sealed by both parties. After having the above-mentioned content and form, especially after the specific rights and obligations of the buyer and the seller are stipulated in the subscription letter, generally speaking, the subscription letter has a certain binding force on the content of its expression and has the corresponding legal effect, and the content does not violate the provisions of the law, and the legal formalities of the business (real estate) purchased by the buyer are complete (the five certificates are complete), and the subscription letter generally has a certain legal effect.

According to the agreement of the above parties, if the buyer fails to sign the contract at the time and place specified in the subscription letter, it is a breach of contract by the buyer, and the deposit will not be returned; If the seller fails to formally sign the contract by reselling the subscribed property to others within the time limit specified in the subscription letter, the seller is in breach of contract and shall return double the deposit. If one party modifies the conditions confirmed in the subscription letter, such as **, room number, area, etc., at the time of formal signing, resulting in the failure to sign the contract, it will be deemed to be in breach of contract. If the buyer breaches the contract, the deposit will not be returned; If the seller defaults, the deposit shall be doubled.

In practice, due to the negotiation of many clauses involved in the signing of a contract, the parties could not reach an agreement on some clauses, resulting in the contract being unable to be signed. In this case, some developers often refuse to return the buyer's deposit on the grounds that the buyer refuses to sign the contract. The lawyer pointed out that Article 115 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Security Law of the People's Republic of China provides:

If the parties agree to pay a deposit as security for the conclusion of the main contract, the party who paid the deposit shall not be entitled to demand the return of the deposit if it refuses to conclude the main contract;If the party receiving the deposit 'refuses to conclude' the contract, it shall return double the deposit. The subscription letter is usually stated as follows: if the buyer does not sign a formal Contract for the Sale and Purchase of Commodity Housing within a period of time, the seller has the right to confiscate the deposit paid by the buyer.

Article 1 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 Contracts for the Sale and Purchase of Commodity Housing stipulates that if the agreement on the subscription, ordering, and reservation of a commercial house has the main content of the contract for the sale and purchase of a commercial house, and the seller has accepted the purchase price in accordance with the agreement, the agreement shall be deemed to be a contract for the sale and purchase of a commercial house.

It can be seen from this that there are two conditions for the conversion of the subscription letter for the sale and purchase of commercial housing into a contract for the sale and purchase of commercial housing: first, it must have the main content of the contract for the sale and purchase of commercial housing as stipulated by law; Second, the seller has collected the purchase price as agreed, including all the purchase price and part of the purchase price, that is, the subscription letter for the sale and purchase of commercial housing has been actually performed.

Generally speaking, as long as the following contents are included in the subscription form for the sale and purchase of commercial housing, it can be deemed to meet one of the conditions stipulated in Article 1 of the Interpretation. These are: ( basic information of the parties; ( Basic condition of commercial housing;  The way in which commercial housing is sold; ( The method of determining the price of the commodity and the total price, the method of payment, and the time of payment; ( terms and dates of delivery;  Commitment to decoration and equipment standards; ( Commitments for the delivery of supporting infrastructure and public facilities such as water supply, power supply, heating, gas, communications, roads, and greening, as well as related rights and responsibilities; ( Ownership of public supporting buildings; • How to deal with area differences;  Matters related to the registration of property rights.