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Therefore, we must be clear about a lot of things when we buy a house and sign a contract, we have just bought a house, for fear of extraneous branches, find an intermediary company, since you have signed the contract, go according to the provisions of the contract, if the contract is not agreed, go according to the law, if he has a basis, we are obliged to pay him, then it is obligatory for us to do it, there is no reason, there is no basis is unreasonable!
For example, if the seller is married, both husband and wife should sign or issue a power of attorney to prove that he has the right to dispose of it voluntarily, and if he is divorced, he should also show proof that the property belongs to him, so that he can avoid some reasons for his repentance.
If he makes another claim, then let him prove that what says that I should compensate you? The so-called who advocates who adduces evidence In addition, let's work together No one wants to be embarrassed by anyone, no one is easy, right, but you can't just ask others for money, right? The landlord is neither humble nor arrogant, and now the house price remains high, and it is not easy to buy a house, and there is an incident, and the mood will naturally not be good, but must not retreat to defend the homeland!
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The contract is valid, but according to the normal procedure, a house cannot be bought or sold without a title deed! But you have one advantage, and that is that the house has already been delivered to you! You've renovated it!
So even if you fight a lawsuit, you will win, don't worry about fighting to the end with such unscrupulous owners! You can't give him money, otherwise there will definitely be a second time with the first time, because the house is appreciating!
And I don't know how your contract is signed, you can take a good look, if you are not looking for amateurs to sign the contract, there will be a breach of contract liability, the owner will pay 20% of the price of the liquidated damages! Your advantage now is that you have already got the house, and if you have done the property settlement before, it will be even more foolproof!
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The specific criteria for compensation are:
1. If there is an agreement on the amount of liquidated damages in the decoration contract, the agreement shall prevail, but the agreed liquidated damages shall not exceed 30% of the actual loss caused by the breach of contract;
2. If there is no agreement on the amount of liquidated damages in the decoration contract, the liquidated damages shall be paid based on the actual losses caused by the breach of contract.
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.
1. What is the litigation process for disputes over breach of contract in decoration contracts?
1. The plaintiff sues.
2. After the court accepts the case, a copy of the indictment shall be served on the defendant.
3. The defendant submits a reply within 15 days, and the court shall serve a copy of the reply on the plaintiff within 5 days.
4. In the case of a decision to be heard, the court shall notify the parties and make an announcement three days in advance.
5. The court investigation stage includes: the statements of the parties; inform witnesses of their rights and obligations, testify against witnesses, and read out the testimony of witnesses who have not appeared in court; production of documentary evidence, physical evidence and audio-visual materials; read out the appraisal conclusions; The inquest transcript is read.
6. Court debates include: speeches by the plaintiff and its litigant; Defendants and their litigants plead; The third party and its litigant shall make a statement or reply; Debating with each other. At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party.
7. At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a judgment shall be made in a timely manner.
8. Announcement of judgment.
2. How to calculate the loss of compensation for breach of contract.
1. The scope of compensation for losses may be directly stipulated by law or agreed by both parties. In the absence of special provisions in the law and in the absence of a separate agreement between the parties, all losses shall be compensated in accordance with the principle of full compensation. The amount of damages 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, but shall not exceed the losses that may be caused by the breach of the contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
2. Losses include direct losses and indirect losses. Direct loss refers to a direct reduction in property. Indirect loss, also known as lost benefit, refers to the loss of benefits that can be expected to be gained.
The expected benefits that can be obtained, referred to as the available benefits. Profit refers to profit, not turnover.
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The standard of compensation for breach of contract in store decoration contract is: equivalent to the loss caused by the breach of contract. Where one of the parties fails to perform its contractual obligations or its performance of its contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall include direct losses and benefits that can be obtained after the performance of the contract.
[Legal basis].Article 584 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, 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.
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Legal analysis: 1. Continued performance, also known as compulsory performance, refers to the breach of contract liability mode in which the court compels the breaching party to continue to perform the contract debts when the breaching party fails to perform the contract.
2. If there is no agreement on the liability for breach of contract or the agreement is not clear, the injured party may, according to the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return, reduction of price or remuneration.
3. Compensation for losses, that is, the responsibility of the debtor to compensate the creditor for the losses suffered by the creditor in accordance with the law when the debtor fails to perform the contract debt.
Legal basis: Civil Code of the People's Republic of China 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, at the request of the parties, increase or simplify them; Where the agreed penalty is excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce it 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.
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Legal analysis: the specific compensation standards are: 1. If there is an agreement on the amount of liquidated damages in the decoration contract, the agreed liquidated damages shall prevail, but the agreed liquidated damages shall not exceed 30% of the actual losses caused by the breach of contract; 2. If there is no agreement on the amount of liquidated damages in the decoration contract, the actual loss caused by the breach of contract shall prevail, and the liquidated damages shall be paid by the lead of the jujube file.
Legal basis: Civil Code of the People's Republic of China Article 577 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, taking remedial measures, or compensating for losses.
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Can't break the contract, I heard seventy percent, I asked.
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Since the contract is signed, it is necessary to act in accordance with the contract, and honesty and trustworthiness are the principles of contract law. In case of breach of contract, the liability for breach of contract shall be borne in accordance with the contract.
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I have already signed a house renovation contract, but now I regret it and no longer want to continue to execute the contract, does this constitute a breach of contract? Do I need to pay liquidated damages?
The answer to the first question is yes, that is, no longer performing the contract must be a breach of contract. However, whether you need to pay liquidated damages after breach of contract depends on the actual situation. If the deposit has been paid to the decoration company, and the contract is no longer performed, the deposit will be paid to the other party as liquidated damages, and the other party will not return the deposit.
In another case, the contract stipulates the liability for breach of contract and the amount of liquidated damages, which is definitely required to pay liquidated damages. However, if there is no agreement on the liability for breach of contract and the amount of liquidated damages, the contract will not be performed at this time, and it can only be said that the contract has not entered the actual performance procedure.
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I don't regret signing the contract.
If you breach the contract, you will have to bear the liability for breach of contract.
Civil Code (too many, excerpts from the clause on liability for breach of contract).
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 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.
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.
Article 580.
Where one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances: (1) It is legally or factually impossible to perform; (2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) The creditor fails to request performance within a reasonable period of time. Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.
Article 583.
If 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, it shall compensate for the 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.
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