What should I do if I sell my house at the age of 86 and now regret it

In the sale of second-hand houses, the seller will claim that the house sale contract is invalid on the grounds that the house has not reached an agreement with other co-owners at the time of the house. The emergence of this situation shows that the seller repents and is unwilling to complete the transaction, so how should the buyer use the law to protect his rights and interests? The following is a combination of China's current laws, the judicial interpretation of the Supreme People's Court and the judicial documents of the Municipal High Court, and puts forward specific analysis opinions for the reference of the upper and lower families when conducting second-hand housing transactions.

Thank you for your interest! According to the current law, if the house is joint property, the seller needs to obtain the unanimous consent of all the co-owners when selling; Failure to do so may result in the invalidity of the contract of sale. In judicial practice, it is common for co-owners to ask the court to confirm the invalidity of the house sale contract on the pretext that they did not obtain their consent or pursue the house when they did not use it as a house.

However, when the title to the house is registered in the name of one person, it is difficult for the buyer to determine whether the house he is buying is owned by one person or jointly owned by the buyer. Article 106 of the Property Law stipulates that: "If the person without the right of disposition transfers the immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee shall acquire the ownership of the immovable or movable property under the following circumstances:

1) The transferee is acting in good faith when transferring the immovable or movable property; (2) Reasonable transfer; (3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the transfer shall be delivered to the transferee if it is not required to be registered. Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation for losses from the person without the right of disposition. Where a party obtains other real rights in good faith, refer to the provisions of the preceding two paragraphs.

Article 17 (2) of the Supreme People's Court's Interpretation (1) on Several Issues Concerning the Application of the Marriage Law and Article 89 of the Opinions on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China also contain similar provisions. It can be seen that China's law has established a bona fide acquisition system for immovable property rights. As long as the conditions for bona fide acquisition are met, that is, the buyer has paid a reasonable consideration and registered the house when he or she has acquired the house, the house sale contract is deemed valid and the buyer is allowed to acquire the ownership of the house for the purpose of protecting the bona fide third party and maintaining the security of the transaction.

In trial practice, according to the judicial documents of the Supreme Court, different situations are handled separately: first, when the house is **, the right registration is only the seller, based on the principle of publicity and credibility of the real estate, the buyer has reason to believe that the seller is the full owner of the house, and the sales contract signed between it and the seller should be deemed valid; However, if there is evidence to prove that the buyer is at fault, maliciously colludes with the seller to harm the interests of other co-owners. Second, in the case of housing **, if the rights are registered as several persons, based on the legal provisions that some of the co-owners shall not dispose of the common property without authorization, if the other rights are not recognized later, the sales contract shall be deemed invalid; However, if the buyer has reason to believe that the seller has the right to meet the constituent requirements of the prima facie, the validity of the sales contract shall be confirmed.

Can I go back on the process of selling and buying a house?

If the seller is truly unable to continue to perform, the seller shall return the purchase price to the buyer and compensate the buyer for the losses caused by the breach of contract, including direct losses and loss of expected profits.

Legal basis] 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.

If the contract is reversed, the intermediary may be notified that the contract is invalid; After notifying the contract of invalidity, I need to bear the liability for breach of contract negligence; The liability for breach of contract is borne in the following ways: paying liquidated damages, damages, and continuing to perform; Other remedies.

Let's see if you have signed a contract with the house here. If a formal contract is signed, then there is the right to make compensation from the owner, and if it is only verbal, then there is no legal basis and the court does not support it.

This deposit depends on which word he uses when writing a receipt for you, the title part of the process you describe above is different from the word used in the process, if it is a 'deposit, you can get double return,. However, the deposit ; It can only be refunded in the original amount. [This is stipulated in the Contract Law, and the court also hears the case in accordance with the Contract Law].

In accordance with the Contract Law of the People's Republic of China

Chapter VII Liability for Breach of Contract.

Article 107:Where 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 liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 108:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may demand that it bear liability for breach of contract before the expiration of the performance period.

The homeowner does not have a posthumous contract.

There was no charge for the room either.

The landlord can sue to confirm the invalidity of the sale and purchase contract.

But you have to compensate for the financial losses caused by this.

The important thing is that you may also be suspected of fraud.

After selling your home? That means that the transaction has been closed, there is no matter whether you want to sell or not, and there is no possibility of repentance. If it means that after the contract of sale is signed, the seller wants to terminate the contract of sale, then it depends on the step of the procedure, if it has entered an irrevocable state, then it cannot be revoked, and the buyer can sue the court to demand the continuation of the performance of the contract.

If you default on the deposit and renege on the deposit, you need to pay the buyer 2 times the deposit compensation.

Answer: As long as the contract is signed, it will take effect, and neither party can renege on it. If it is reversed, the other party can sue and ask the court to order the other party to continue to perform the contract. Article 577 of the Civil Code provides:

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.

The buyer is unable to buy the house due to a change in the loan policy. The fact that the house sale contract stipulates that the loan will be used to pay for the house does not mean that the buyer can only perform the contract through a bank loan, and raising funds through other reasonable channels is also an issue that the buyer should consider to avoid the risk of the loan. In practice, even if the contract for the sale and purchase of second-hand houses is signed, there is a possibility of reversal, and at this time, the actual treatment of reversal is different for different parties, and there are some reasons for reversal within the scope of the law, which can be said to be legitimate reversal at this time, so there is no need to actually bear legal responsibility, and the purchase deposit can not be refunded or the other party can be required to pay double the purchase deposit.

First of all, if there is a clear agreement on the liability for breach of contract in the sales contract, the buyer can choose to require the seller to bear the liability for breach of contract according to the agreement.

If the seller repents after signing the house sale contract, it is a breach of contract, and if there is a clear agreement on the liability for breach of contract in the sales contract, the buyer can choose to require the seller to bear the liability for breach of contract according to the agreement. Article 107 of the Contract Law: 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 undertake to continue to perform and take remedial measures.

After signing the second-hand house sales contract, the seller repents that he has actually violated the contract. If there is a clear agreement on the liability for breach of contract in the sales contract, the buyer may choose to require the seller to bear the liability for breach of contract according to the agreement. Generally speaking, when the two parties sign the contract, they have already said what responsibility they need to bear if they do not hand over the house, but it is usually to return the house payment, and then ask for some compensation.

If the parties fail to reach an agreement, the buyer can file a lawsuit in court. The seller may be required to continue to perform the contract and compensate for the damages, or the seller may be required to rescind the contract, refund the payment and interest paid, and compensate for the damages. When signing a contract for the sale and purchase of second-hand housing, it is necessary to pay attention to the following issues:

1. List the basic information: including the name, address, contact information of the buyer and the seller, etc. 2. Clearly write down the basic information of the house, including the location, nature, area, structure, pattern, decoration, facilities and equipment, whether there is a mortgage, and whether the co-owners agree.

3. Questions involving price: indicate the total house price, indicate whether it is a one-time payment, installment payment or loan application, write down the time of payment, and agree on payment terms. 4. Write down the delivery time, conditions, process and cost of handling relevant procedures.

5. Clarify the liability for breach of contract. 6. Specify the terms of the validity, suspension, termination or rescission of the contract. 7. Stipulate the conditions for change and transfer in the contract or the prohibition clause that cannot be changed or transferred.