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The contract is established in accordance with the law and needs to be strictly performed by both parties. Unilateral termination of the contract without lawful reasons constitutes a breach of contract. The non-breaching party may require the breaching party to continue to perform the contract, and may also claim liquidated damages.
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In principle, compensation should be made according to the agreed amount, which is obviously a self-inflicted injury. Generally, the agreed compensation is not low, which is the practice of avoiding one party from breaking the contract. If you don't want to pay a lot of money, you can negotiate a settlement, otherwise you have to go to court.
If it is a formal sales contract, and both parties have signed and pressed their fingerprints, it has legal effect, and either party will compensate for breach of contract.
If you breach the contract, you can negotiate with the other party, if the negotiation fails, you can only sue, but the liquidated damages agreed in the agreement are too high, you can apply for less liquidated damages.
See how much the seller actually paid the deposit, and return the top and compensate double the deposit for the purchase. If the deposit cannot be taken away from the default of the purchase, it is the same regardless of the ownership of the house, and the legal effect of the contract is the same.
Article 115 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Implementation of the Security Law of the People's Republic of China stipulates that if the parties agree to pay a deposit as security for the conclusion of the main contract, and the party paying the deposit refuses to enter into the main contract, it shall not have the right to demand the return of the deposit; If the party receiving the deposit refuses to conclude the contract, the deposit shall be returned in double.
Therefore, if you don't want to sell after receiving the other party's deposit, it is a breach of contract and you need to return the deposit twice.
Extended information: A breach of contract is a breach of contractual obligations by a party to a contract. 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.
Breach of contract: refers to the complete failure of the parties to the contract to perform the contract or the performance of the contractual obligations is not in accordance with the agreement. Generally speaking, a breach of contract is subordinate to an offence. There are two types of civil violations: civil breach of contract and civil tort.
A sales contract is a legal document that is binding on both parties. Either party has breached its obligations under the contract; The injured party has the right to claim compensation for damages as to bear the legal consequences of the breach of contract. However, the laws of various countries or the documents of international organizations have different provisions and interpretations on the breach of contract by the breaching party, the legal consequences arising therefrom, and the treatment of such consequences.
Liability for breach of contract and tort liability are two basic types of civil liability, which are the core issues of contract law and tort law respectively. Since contract law and tort law are integral parts of the law of obligations, they are both guided by the basic principles of civil law and the general provisions of the law of obligations.
Although the two have common features, there are significant differences in law, and the parties' different choices of the two types of liability will greatly affect the exercise of their rights and obligations.
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After signing the house sale contract, if the seller does not want to sell the house, it will constitute a breach of contract, and the buyer can request to continue to perform the contract if the liquidated damages are paid according to the contract.
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.
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 585 of the Civil Code stipulates 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 calculation method of compensation for losses arising from the breach.
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 agreed liquidated damages are excessively higher than the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them.
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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Summary. Hello, it is okay to assume liability for breach of contract.
Hello, it is okay to assume liability for breach of contract.
I am a seller, and now I am unhappy with the buyer, I don't want to sell, and I must bear the liability for breach of contract.
Hello, yes, the contract is valid.
The ownership of the house is my husband, and my husband was not involved in the whole process.
And it was purchased before marriage.
Hello, is it you or your husband who buys before marriage.
Whoever buys it will be liable for breach of contract.
My husband bought it, and when I sold it, I signed it, and he didn't show up.
Hello. You have no right to dispose of it.
However, it does not affect your liability for breach of contract.
All right. Isn't it possible to avoid liability for breach of contract?
Yes, because of the active default!
That's okay to spend, and I'll confiscate his money. Only the intermediary received a deposit of 20,000 yuan.
If the other party sues you, you will be held liable.
Dear, do you have any other needs? If you have any questions, you can continue to place an order and find me
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Summary. It depends on the situation, generally speaking, if you don't want to sell, you can not sell, there are generally contract provisions, and if you pay liquidated damages in language, this proportion is quite a lot, and it is recommended to prepare in advance.
What do I need to do if the house has just been sold with a contract and I don't want to sell it?
This depends on the situation, generally speaking, if you don't want to sell, you can not let the silver sell, there are generally provisions in the contract, and the language pays liquidated damages, this proportion is still a lot, it is recommended to prepare for the banquet in advance.
The house belonged to the father, and the contract signed by the son on behalf of the son, and the intermediary received a deposit of 10,000 yuan.
This is negotiable.
How to discuss, Party B disagreed.
It depends on what you say in the contract.
It is said that one party is in breach of contract and must pay double the compensation.
I said it wasn't my father who signed it, and he said he was going to sue us for fraud.
The contract is signed, and if you don't want to sell it, you will definitely have to compensate.
Is there any good solution to it?
At the moment there is only compensation.
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If you sign a contract to sell a house, you don't want to sell it as follows:
1. Negotiate with the buyer: You can try to negotiate with the buyer, explain your situation, and see if you can negotiate a solution;
5. Resolve the dispute through legal means: If it is impossible to negotiate with the buyer, the dispute can be resolved through legal means.
The materials you need to prepare to sell a house are as follows:
1. Housing ownership certificate: to prove the ownership of the house.
2. Housing land certificate: prove the land use right of the place where the house is located.
3. Housing architectural drawings: prove the building structure and area of the house.
4. Housing purchase contract: prove the purchase process and ** of the house.
5. Housing tax certificate: prove that the tax and fee of the house have been paid.
6. Housing maintenance records: prove the maintenance of the house and the maintenance costs.
7. Housing appraisal report: prove the market value of the house.
8. Proof of identity: to prove the identity of the seller.
9. Hukou book: to prove the seller's household registration.
10. Proof of bank account: prove the seller's bank account.
To sum up, the contract for the sale of a house is a legal document that has legal effect after being signed and cannot be breached at will. Before signing a contract, you should carefully review the terms of the contract, understand your rights and obligations, and make sure that you have the qualifications and rights to sell your home.
Legal basis]:
Article 509 of the Civil Code of the People's Republic of China.
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.
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 Xiaosen for losses.
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 liability for breach of contract such as repair, rework, replacement, return, reduction of price or remuneration.
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