The problem of default when buying a house, how to deal with the default when buying a house

The method you said is not feasible, since there is a breach of contract clause on the contract, it will be executed according to the contract, and since your loan procedures have been completed, then if the seller does not cooperate with the transfer, his house should not be able to continue to be listed for trading, because your sale and purchase agreement has not been cancelled, as long as you do not cancel the agreement with the seller, there may still be a glimmer of hope to buy the house, and when you go to court, it will be carried out in full accordance with your contract, and if he breaches the contract, he will lose money, and if he does not lose money, it can be enforced.

If the party terminates the contract, the party proposing the termination will need to pay liquidated damages to terminate the transaction. Liquidated damages in law refer to the currency in which it is agreed at the time of signing the contract that the breaching party shall pay a definite amount (directly agreed upon or agreed on a method of calculating the amount that can be determined) when the breach of contract occurs, and there is no question of what standard to calculate according to the breach. In addition, the judicial interpretation of the Supreme People's Court stipulates that the maximum amount of liquidated damages shall not exceed 20% of the subject matter of the contract, and the excess amount will not be supported by the court.

In general, this thing is good for you and it; If the landlord insists on not selling and wants to breach the contract, then he must pay a considerable amount of liquidated damages. It depends on whether you want to make trouble or not, in fact, it is not cost-effective for both parties to go to the court or something, it is recommended to ask for more money in private, and the breach of contract has basically been established.

Legal analysis: If the buyer breaches the contract in the process of purchasing the house, the seller may require the buyer to bear the liability for breach of contract and pay liquidated damages in accordance with the contract.

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 582:Where performance does not conform to the agreement, 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.

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, it shall compensate for the losses.

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.

If the buyer breaches the contract, then it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. If the buyer pays a deposit, the seller can directly deduct the penalty without notice or explanation to the other party, and if the other party constitutes a late breach of contract or a fundamental breach, the seller can directly notify the seller to terminate the contract without litigation. If the deposit is not sufficient to compensate for the damages, liquidated damages can be claimed by means of litigation, or the respondent may claim damages based on actual losses.

Article 577 of the Civil Code of the People's Republic of China: Where 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 liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Legal analysis: 1. Settlement between the two parties;

2. Go to the court to file a lawsuit, claiming that the breaching party bears the liability for breach of contract, and if the loss is caused, claim compensation for the loss;

3. If the other party insists on continuing to perform, it shall order both parties to continue to perform.

Legal basis: Quietly staring at the Civil Code of the People's Republic of China

Article 577: Where 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 responsibility for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578: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 request that it bear liability for breach of contract before the expiration of the performance period.

1. The two parties may cooperate late or negotiate a settlement; 2. Go to the court to file a lawsuit, claiming that the breaching party bears the liability for breach of contract, and if the loss is caused, claim compensation for the loss; 3. If the other party insists on continuing to perform, it shall order both parties to continue to perform. 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, Lao Wu shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

In the event of a breach of contract by the buyer, the following methods shall be used:

1. Require the landlord to continue to perform the obligation to deliver the house or require the buyer to continue to perform the obligation to pay the price in accordance with the contract;

2. If there is a deposit clause in the agreement, the party receiving the deposit can be required to return the deposit twice. If the party paying the deposit breaches the contract, the recipient may withhold the deposit on this basis, and the amount of the deposit shall not exceed 20% of the total amount of the subject matter of the contract;

3. If there is a liquidated damages agreed, either party can claim liquidated damages in the event of a breach of contract. Liquidated damages shall not exceed 30% of the losses incurred.

It is worth noting that liquidated damages and deposits cannot be claimed at the same time, but they can be agreed upon at the time of the conclusion of the contract.

Civil Code of the People's Republic of China

Article 577: [Liability for Breach of Contract]Where 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, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 579:[Responsibility for Actual Performance of Monetary Debts] Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment.

Article 580: [Liability for Actual Performance of Non-Monetary Debts and Liability for Breach of Contract] 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) Legally or factually unable 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 does not 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.