I would like to ask if the buyer defaults at the time of the real estate transaction

If you breach the contract, the deposit will not be refunded, and even if you go through the legal process, you can only look at the contract.

However, there are relevant regulations on the amount of deposit, and the normal collection shall not exceed 20% of the total price of the house, and if the extra 20% can still be returned.

There is nothing to be held accountable on the part of the owner, as long as he gets liquidated damages.

Because it is an inherited property, there will be a high amount of accidental income tax or personal income tax in the process of buying and selling, and you can ask the intermediary to coordinate, and the tax arising from the inheritance will be borne by the original owner.

The deposit is definitely not coming back, and the intermediary fee is not easy to say, so you can sue and try it.

As mentioned upstairs, the deposit is generally 20% of the total room price, and the excess part can be returned.

If you complete the inheritance, you will definitely have to pay more personal income tax (1% of the total house price) and business tax (the total house price, which may bear a lot of costs.

And now that the house price is so unstable, you can break the contract and buy again! In any case, you will definitely save a lot of money compared to the deposit and agency fee you pay!

Whether the deposit can be refunded depends on what you can do if the other party does not return it, so that the other party has to return it to you.

Obviously, the other party will not return your deposit easily, and he will not pay attention to the loss.

Discuss with the intermediary and let the intermediary adjust it from the middle, explain your situation to the other party, and hope that he can understand, how much can be taken back, it depends on the other party's personality.

If the seller of the house is in breach of contract, he may be required to continue to perform the contract. If the seller constitutes a fundamental breach of contract, the other party may rescind the contract and hold the other party liable for the breach of contract. According to Article 578 of the Civil Code, if one of the parties expressly states or shows by its own behavior 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.

Article 584 stipulates that if one of the parties fails to perform its contractual obligations or the performance of the contractual obligations does not conform to the agreement, resulting in losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by Daziyan's 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.

Article 578 of the Civil Code provides 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. Article 584 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, causing losses to the other party, the amount of compensation for the 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.

In the process of buying a house, the seller can choose to terminate the contract in case of breach of contract by the buyer, and the buyer shall bear the corresponding liability for breach of contract and pay liquidated damages and compensation to the seller; If the seller refuses to exercise the right to terminate the contract, it may require the buyer to continue to perform the contract.

[Legal basis].

Article 509 of the Civil Code.

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.

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 583: Spring nucleus brightness.

If the parties fail to perform their contractual obligations or the performance of their contractual obligations does not conform to the agreement, the other party shall compensate for the losses if the other party has other losses after performing the obligations or taking remedial measures.

Legal analysis: 1. If the seller breaches the contract, the buyer may claim to bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

2. If the two parties have agreed on the liability for breach of contract, they have the right to require the seller to bear the liability for breach of contract according to the agreement, and if the actual loss is higher, they have the right to calculate the higher amount.

Legal basis: 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 does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 583: Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, the other party shall compensate for the losses.

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the 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.

Article 585: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, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

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 breaching party shall also perform the debt after paying the liquidated damages.

Article 587:Where the debtor performs its debts, 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.

Article 588:Where the parties agree on both liquidated damages and deposits, the other party may choose to apply the liquidated damages or deposit clause when one party breaches the contract.

If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.

If the buyer breaches the contract in the process of buying a house, the seller may require the buyer to bear the liability for breach of contract in accordance with the provisions of the sales contract; If there is no agreement in the sales contract, the buyer and the seller may determine the buyer's liability for breach of contract through negotiation, litigation, etc., such as continuing to perform and taking remedial measures.

[Legal basis].

Article 577 of the Civil Code.

If 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 the liability for breach of contract such as continuing to perform its duties, taking remedial measures, or compensating for losses.

Article 583.

If one of the parties fails to perform its obligations under the contract or the performance of its obligations under the contract does not conform to the agreement, if the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

Article 584.

If one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation awarded 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 buyer's breach of contract should be dealt with by requiring it to bear the liability for breach of contract, and the liability for breach of contract can be borne in the following ways:

1) Pay liquidated damages. Liquidated damages: refers to a certain amount of money paid to the other party when the contract debtor fails to perform or improperly performs the contractual obligations as agreed by the parties to the contract.

2) Damages refer to the economic compensation made by the breaching party to the other party when the property loss is caused to the other party due to the breach of contract by one of the parties.

3) Continued performance refers to the judgment or special performance order issued by the court or arbitration institution requiring actual performance to compel the debtor to perform the contractual debt within a specified time limit.

1. What are the circumstances of default by the seller of a second-hand house?

1. The seller sells the house directly to a third party.

If the seller sells the house to a third party but has not yet completed the transfer, then the buyer can give priority to the transfer, but if the transfer has been completed, the seller has constituted a malicious breach of contract, resulting in the inability of the two parties to achieve the purpose of the contract, then the buyer can file a lawsuit with the court to terminate the contract, and at the same time require the seller to compensate for breach of contract according to the difference in the price of the house.

2. The seller does not deliver the house on time.

This situation is common, if the house has been transferred, then only need to be collected according to the time agreed in the contract, if the seller does not hand over the house, the buyer can sue. However, if the two parties have not yet transferred, but the seller does not deliver the house in accordance with the contract, then it is usually necessary to send a lawyer's letter to urge the seller, and if the seller still insists on not handing over the house, the buyer will sue for the delivery of the house.

3. The seller does not sign for the deposit.

Usually there is an amount of deposit in the property sale and purchase contract, but usually the buyer hands over the deposit to the agent and then passes it to the seller, but the seller does not sign for it. If the seller does not sign for the deposit, the seller cannot constitute a condition for breach of contract, because the deposit is a practical contract, which means that it must be calculated according to the amount signed by the seller, and if the seller does not sign for the deposit, it is futile for the buyer to sue for double the return of the deposit.

4. The seller requests to increase the house price for the transfer.

In the actual process of buying and selling, many sellers think that the house is sold too cheaply after signing the contract, and ask for additional money to transfer the property. In this case, the buyer should immediately file a lawsuit with the court to freeze the purchased house, carry out property preservation, prevent the seller from selling the house to a third party, and ask the court to order the seller to continue to perform the contract.

5. The seller directly breaks the contract.

If the cost of breach of contract agreed in the contract is too low, then in the process of housing price **, the seller has every reason to pay a low amount of liquidated damages or double the return of the deposit, and directly stop the property **, so that the buyer suffers losses, then the buyer can only propose to let the seller compensate more liquidated damages before signing the contract.