Am I in default, am I in default in this situation? How exactly did it break the contract

Updated on society 2024-04-11
8 answers
  1. Anonymous users2024-02-07

    This question depends mainly on the content of your agreement.

    Even if you breach the contract, it depends on how the liability for breach of contract is determined. If the agreement does not directly stipulate that you need to pay the agency fee when you sign the contract with the landlord, you do not have to pay the agency fee if you breach the contract now, and at most you will compensate for the loss, but the agent's loss cannot be as much as the agency fee.

    In addition, even if it is stipulated in the agreement that you need to pay all the intermediary fees for breach of contract, I personally think that this agreement is unreasonable, and if the other party sues, you can appropriately reduce the amount of liquidated damages in the court.

    Therefore, if the agent sues, you will not have to pay the full amount of the agency fee, but you may have to pay a portion of the fee.

  2. Anonymous users2024-02-06

    First of all, the real estate intermediary service personnel undertake the business, and the intermediary agency where they work accepts it uniformly and signs a written intermediary service contract with the client.

    The real estate intermediary service contract shall include the following main contents:

    1) The names and addresses of the parties;

    2) The name, content, requirements, and standards of the intermediary service project;

    3) the duration of the performance of the contract;

    4) The amount of charges, the method of payment, and the time;

    5) Liability for breach of contract and dispute resolution;

    6) Other content agreed upon by the parties.

    According to the contract, you cannot sign a housing lease contract with the landlord without permission, then you are violating the agreement between the two parties, so you should pay the agency fee, otherwise the agency will file a lawsuit against you.

  3. Anonymous users2024-02-05

    You have signed a contract with an agent with the amount to be charged. And the contract is now in the hands of the intermediary, and if you do not pay, he can sue the court.

  4. Anonymous users2024-02-04

    There is a clear number of people in the contract, which must be considered a breach of contract, but you can negotiate with the landlord to increase the rent or something, the stipulation is dead, and the person is alive.

  5. Anonymous users2024-02-03

    If the contract is breached, the breaching party shall bear the liability for breach of contract. Liability can take the form of continued performance, remedial measures, or compensation for losses. 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.

    [Legal basis].Article 577 of the Civil Code of the People's Republic of China.

    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.

  6. Anonymous users2024-02-02

    Breach of contract refers to the breach of a contractual obligation, also known as non-performance of a contractual obligation. The contractual debts here include not only the obligations agreed upon by the parties in the contract, but also the obligations directly stipulated by the law, as well as the obligations that the parties must comply with according to the requirements of legal principles and spirit. The legal consequences of a breach of contract are:

    1. The debtor shall bear the liability for breach of contract, regardless of whether it is a cause attributable to the debtor, but the debtor shall be exempted from the responsibility for actual performance; The creditor may terminate the contract in accordance with the law and claim compensation for losses. In addition, if the act of the defaulter constitutes a crime, the defaulter shall also bear criminal liability in accordance with the law. 2. If the contract cannot be performed due to reasons attributable to the debtor, the debtor shall be exempted from the actual performance liability, but shall bear the liability for breach of contract; The creditor may terminate the contract in accordance with the law and claim compensation for damages.

    3. If the debtor is unable to perform for a while due to reasons attributable to the debtor, the debtor shall perform the original debt and bear the liability for breach of contract after the reason for the failure is cleared. 4. If the contract cannot be performed due to reasons attributable to the debtor, the debtor may be relieved of the actual performance liability for the part that cannot be performed, and the part that can be performed shall continue to be performed, and at the same time bear the liability for breach of contract; If the partial performance fails to achieve the purpose of the contract by the creditor, the creditor may rescind the contract and claim compensation for losses. Article 577 of the Civil Code 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.

  7. Anonymous users2024-02-01

    Breach of contract is a breach of contract that fails to perform one's obligations in accordance with the matters agreed in the contract signed by both parties. If the breach of contract is chaotic, it shall bear the corresponding liability for breach of contract in accordance with the provisions of the contract and the provisions of the Civil Code. Breach of contract is the basic constituent element of liability for breach of contract, and without breach of contract, there is no liability for breach of contract.

    According to the time of the breach, the breach can be generally divided into anticipatory breach and actual breach; The actual breach of contract can be divided into non-performance, non-compliance with the agreed performance and other breaches of contractual obligations; The performance that does not conform to the agreement can be divided into delayed performance, performance with defective quality, and incomplete performance.

    According to 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.

  8. Anonymous users2024-01-31

    If one party fails to perform the contract after the contract is signed, the two parties may negotiate, and the breaching party may require the breaching party to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If the negotiation fails, a lawsuit may be filed with the court. Article 107 of the People's Republic of China If a party fails to perform its contractual obligations or fails to perform its contractual obligations, it shall bear the responsibility for breach of contract by continuing to perform, taking remedial measures or compensating for losses.

    Article 583 of the Civil Code of the People's Republic of China Where one of the parties fails to perform its contractual obligations or fails to deviate from the performance of its contractual obligations in accordance with the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

    Article 509 of the Civil Code of the People's Republic of China provides that the parties shall fully perform their obligations in accordance with the agreement.

    The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

    In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

    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.

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