Does this count as a breach of contract?

Although the contract did not change the number of the house, I have made a recording of the conversation with the sales lady, and the recording clearly explains the details of the house number, how to get a discount, and the reason for not changing the contract, so can this be used as evidence? ）

Answer: It can be used as evidence, but whether it can fully prove the facts of the case should be determined in light of the specific circumstances and the statements and evidence of both parties. For example, the identity of the sales lady and the relationship between the real estate should be able to be obtained.

Otherwise, it would be very complicated to really file a lawsuit, and they could say that without this person, the evidence would basically be overturned.

Second, you are concerned about the house price, they don't pay attention to your changes, and all you have in your hands is a written contract for a big house, so you are passive. They have a tendency to breach the contract, but it is not legally easy to characterize.

If you have the means to consult a local lawyer and find enough evidence to prove that they are in breach of contract, you may be able to get compensation.

3. It is recommended that you salute before you soldier, find the person in charge, and ask for your rights. Know the stakes, such as reporting their deeds, they should meet your request, and they will not make it so complicated for 95% off or 97% off. After all, the credibility of a businessman is important.

Your demands are not too much either.

Dude, my third piece of advice is good for you and good for the developer. Why do you have to go to court? Thankless? And your costs will definitely be higher than those of merchants.

What kind of evidence is needed for the relationship between the identity of the sales lady and the real estate:

The first is to collect the other party's employee roster, payroll, and insurance payment list. The employee's badge and photo. It's not a good job.

I don't know about the others, but consulting a lawyer should be professional.

The sales department may see that you want to buy Seize the reason for you to change the house Take the opportunity to increase the price by 97% off to buy it to others is not necessarily true Think about it Is it really such a coincidence? But if the small houses are all 97% off, I'm afraid it's hard to say.

The circumstances of the developer's fundamental breach of contract include: the quality of the main structure of the delivered house is found to be unqualified after verification; The normal residential use is seriously affected due to housing quality problems; or the developer still delays the delivery of the house after being urged to demolish the source by a reasonable and rapid demolition, etc.

[Legal basis].

Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Law and the Imperial Decree in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing.

If the buyer requests to terminate the contract and compensate for losses if the quality of the main structure of the house is unsatisfactory because the quality of the main structure of the house is unqualified, or if the quality of the main structure of the house is verified to be unsatisfactory after the house is delivered for use, it shall be supported.

Article 10. If the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it shall be supported.

If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.

Article 11. According to Article 563 of the Civil Code, if the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

1. Late delivery. Delayed delivery is a more common default of the developer in life, but the delay in delivery should be divided into severity according to the length of time, most of the new houses are off-plan nowadays, but there is indeed a certain risk when buying off-plan housing, among which late delivery is a more common risk. Because there are many buyers who rent houses and wait for new houses, overdue delivery will increase the financial pressure on buyers.

2. It is inconsistent with the agreement. Many developers will exaggerate some advantages of the house when selling the house, deliberately avoid the shortcomings of the house, and the developer's breach of contract also includes the buyer's receipt of the house and find that the quality of the house does not match the original contract agreement. There are many kinds of specific situations, such as the difference in area (greater than 3), the curved window of the window becomes a flat window, the water and electricity fail to reach the household, etc., which are all defaults of the developer.

If it is due to some minor quality defects that do not meet the delivery standards agreed in the contract, it should not be regarded as a breach of contract by the developer.

3. The publicity is inconsistent with the actual delivery of the house. In addition to the developer's commitment, the developer's external publicity will also have false elements, including the geographical location of the house, the basic **, the area, the house type, the decoration standard, the community greening, the property management, the surrounding facilities, etc. The sales advertisements and promotional materials of commercial housing are invitations to make an offer, but if the explanations and promises made by Party ** on the houses and related facilities within the scope of the commercial housing development plan are specifically determined, and have a significant impact on the conclusion of the contract for the sale and purchase of commercial housing and the determination of the houses, it shall be regarded as an offer.

4. Unreasonable charges. Buyers must have a clear understanding of what sales fees need to be paid to buy a house, and another important aspect that buyers need to pay attention to when buying a house is the charges, which fees should be charged and which fees should not be charged. For example, the property management fee for more than one year cannot be charged when charging, nor can the fee exceed the shared part, and the handling fee for the real estate certificate cannot be forcibly charged, etc., if the developer unilaterally occurs these behaviors, it is a breach of contract by the developer.

According to the law, if the developer breaches the contract, it can require it to return the purchase price and interest paid, compensate for the loss, the actual loss and the loss of available profits, and require it to bear the compensation liability of double the purchase price paid. If you know what is a breach of contract by the developer, you can go to the court to sue in accordance with the law.

Legal analysis: The circumstances of the developer's fundamental breach of contract are: (1) delay in the delivery of the house; (2) the developer changed the design without the consent of the buyer; (3) The quality of the house is not up to standard; (4) Unable to get the property right certificate.

After the commercial housing is delivered, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-inspect it in accordance with the relevant regulations.

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 of contractual obligations does not conform to the provisions of the contract, it shall bear the 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 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 to liquidated damages for the delay in performance, the defaulting party shall also perform the debt after paying the liquidated damages.

Legal analysis: the circumstances of the developer's fundamental breach of contract are: (1) the quality of the housing is substandard; (2) the developer changed the design without the consent of the buyer; (3) deferred delivery of the house; (4) Unable to get the property right certificate.

Legal basis: Article 35 of the Administrative Measures for the Sales of Commodity Housing After the delivery of the commercial house, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-verify it in accordance with the relevant regulations. If the quality of the main structure is found to be unqualified, the buyer has the right to move out; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation in accordance with law.

The developer's default is as follows:

1. Failure to deliver the house at the time specified in the contract;

2. Change the design without consent;

3. Unreasonable charges;

4. Can't get the real estate certificate.

The developer who defaults shall be liable for breach of contract.

According to the provisions of the 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 bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Civil Code of the People's Republic of China

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.

Situations in which a developer is in fundamental default are:

1) Late delivery of the house. This situation is currently the most likely scenario for home buyers. When the developer and the buyer agreed in the contract to deliver the house, but there is no notice of delivery or occupancy from the developer.

Generally, if the developer fails to deliver the house after three months, the buyer can ask the developer to move out and ask for a double return of the deposit or payment of interest on the house price. Raid.

2) The developer changes the design without the consent of the buyerIn the contract signed between the buyer and the developer, it is generally stipulated that the developer must obtain the consent of the buyer before changing the design.

(3) The quality of the house is not up to standard; Unqualified housing quality is a hidden danger to housing safety, and the quality of the house is the top priority. According to the latest judicial interpretation, due to the quality of the house seriously affecting the normal use, the buyer can request to move out and ask the developer to compensate for the loss.

(4) Unable to get the property right certificate. Due to the developer's reasons, if the buyer is unable to obtain the property ownership certificate of the house within the time limit agreed in the contract, the buyer can change the Zen and ask to move out.

1. What should I pay attention to when checking out of commercial housing?

Statutory check-out of commercial housing:

1. Delay in delivery.

2. The developer lacks valid certificates and approvals, resulting in the invalidity of the contract.

3. The developer changed the design without the consent of the buyer.

(4) Unable to get the property right certificate.

5. Unable to get a loan.

6. The error between the measured house area and the provisional area is more than 3%.

7. The quality of the house is unqualified.

8. If the quality of the foundation and main structure of the commercial house is unqualified, the buyer has the right to move out.

9. The quality of the house leads to serious impact on the use.

10. The developer mortgages the house.

2. What conditions can be met to check out?

The conditions that need to be met for check-out are: 1. The developer's late delivery constitutes a fundamental breach of contract, that is, the late delivery reaches the check-out date agreed in the contract; 2. The contract is invalid due to incomplete procedures of the developer; 3. The developer changes the design of the house without the consent of the buyer; 4. The absolute value of the error between the measured area and the area agreed in the contract exceeds 3%; 5. The quality of the main structure of the house delivered by the developer is unqualified or the quality of the house seriously affects the normal use of the house.

Civil Code of the People's Republic of China

Article 563:In any of the following circumstances, the parties may terminate the contract:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.