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If you have a contract, you can win the lawsuit.
Legal analysisIf it can be sued, the success rate is relatively high. After signing the house sale contract, the owner of the house makes a request for a house price increase and breaks the contract without authorization, which constitutes a fundamental breach of contract and shall bear the liability for breach of contract. If the price of the house rises and falls sharply after signing the house sale contract, and the magnitude has exceeded the reasonable range that the two parties can do when signing the sales contract, they can request the court to modify or terminate the contract in accordance with the provisions of the Contract Law on change of circumstances.
A contract has been signed, which is valid and protected by law, and if the other party does not sell, violates the contractual obligations, the losses caused by the other party shall be compensated by the other party. If the negotiation fails, it is recommended that you resolve the matter through litigation. Initiating a lawsuit to demand continued performance of the contract or compensation for damages.
The specific cause of action and the factual reasons in the litigation need to be analyzed on a case-by-case basis. The buyer and seller are protected by law, and both the buyer and the seller shall perform contractual obligations such as payment and transfer in accordance with the contract. If you want to regret before the transfer of the house is completed, you actually want to terminate the contract, and whether you can terminate the contract depends on whether the termination conditions agreed in the house sale contract are valid; If there is no agreement, it depends on whether the statutory conditions for termination are met, and according to the performance of the contract, if the other party has a fundamental breach of contract, it can request to terminate the contract.
If the contract stipulates the payment of a deposit, one party may terminate the contract at the cost of losing the deposit; The party who receives the deposit can terminate the contract at the cost of returning double the deposit, and the party who is willing to bear the responsibility of the deposit can regret not selling or buying the house.
Legal basisArticle 528 of the Civil Code of the People's Republic of China: Where a party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party. Where the other party provides appropriate guarantees, performance shall be resumed. After the suspension of performance, if the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate guarantees, it shall be deemed to have indicated that it has not performed the main debt by its own conduct, and the party suspending performance may terminate the contract and may request the other party to bear the liability for breach of contract.
Article 533:After the conclusion of a contract, if there is a major change in the basic conditions of the contract that the parties could not have foreseen at the time of conclusion of the contract and which is not a commercial risk, and the continued performance of the contract is obviously unfair to one of the parties, the adversely affected party may renegotiate with the other party; If the negotiation fails within a reasonable period of time, the parties may request the people's court or arbitration institution to modify or terminate the contract. The people's court or arbitration institution shall, in light of the actual circumstances of the case, modify or terminate the contract in accordance with the principle of fairness.
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Is there a contract? It's hard to win without a formal written contract. It's better if it's through an intermediary, you can directly take the intermediary as a defendant! There are similar cases online.
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Hello! Compensation for house demolition shall be announced by the local demolition and relocation department as well as the compensation standard. It is necessary to determine whether you can enjoy the demolition treatment in conjunction with the demolition policy.
If there is a share that belongs to you, then you can claim, if the negotiation fails, you can entrust a professional lawyer to file a lawsuit with the court to protect the legitimate rights and interests of the parties and ask them to return the share that belongs to you. For more information, please call us!
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