What is the standard of punitive damages for disputes over housing sales contracts?

Hello, according to the commercial housing sales contract explained.

Article 8 In any of the following circumstances, if the purpose of the contract for the sale and purchase of commercial housing cannot be realized, the buyer who is unable to obtain the house may request to terminate the contract, return the purchase price and interest paid, and compensate for losses, and may request the seller to bear the liability for compensation not exceeding one time of the purchase price paid

1) After the conclusion of the contract for the sale and purchase of commercial housing, the seller mortgages the house to a third party without informing the buyer;

2) After the contract for the sale and purchase of commercial housing is concluded, the seller sells the house to a third party.

Article 9 When the seller concludes a contract for the sale and purchase of commercial housing, if the contract is invalid or revoked or dissolved under any of the following circumstances, the buyer may request the return of the purchase price and interest paid and compensation for losses, and may also request the seller to bear the liability for compensation not exceeding one time of the purchase price paid

A) deliberately conceal the fact that the commercial housing pre-sale permit has not been obtained or provide false commercial housing pre-sale permit certificate;

2) deliberately concealing the fact that the house sold has been mortgaged;

3) Deliberately concealing the fact that the house sold has been sold to a third party or that the house has been resettled for demolition compensation.

Article 14 If the floor area or floor area of the house unit delivered by the seller is inconsistent with the area agreed in the contract for the sale and purchase of commercial housing, and there is an agreement in the contract, it shall be handled in accordance with the agreement; If there is no agreement in the contract or the agreement is not clear, it shall be handled in accordance with the following principles:

1) If the absolute value of the area error ratio is within 3% (including 3%), and the settlement is based on the facts in accordance with the provisions of the contract, and the buyer's request to terminate the contract shall not be supported;

2) If the area error exceeds 3% of the absolute value, and the buyer's request to terminate the contract and return the purchase price and interest paid shall be supported. If the buyer agrees to continue to perform the contract, and the actual area of the house is greater than the area agreed in the contract, the buyer shall make up the price of the house price within 3% (including 3%) of the area error ratio in accordance with the agreement, and the seller shall bear the part of the house price with the area error ratio exceeding 3%, and the ownership shall belong to the buyer; If the actual area of the house is less than the area agreed in the contract, the seller shall return to the buyer the price and interest for the part of the area error ratio within 3% (including 3%), and the seller shall return the house price to the buyer twice as much as the part of the area error ratio exceeding 3%.

Legal Analysis:1After the conclusion of the contract for the sale and purchase of commercial housing, the seller fails to inform the buyer and mortgages the house to a third party, resulting in the failure to achieve the purpose of the contract for the sale and purchase of commercial housing;

2.After the conclusion of the contract for the sale and purchase of commercial housing, the seller sells the house to a third party, resulting in the failure to achieve the purpose of the contract for the sale and purchase of commercial housing.

Legal basis: Article 585 of the Civil Code of the People's Republic of China 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 calculation method of the amount of compensation for losses caused by the breach of contract. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may, at the request of the parties, increase the liquidated damages and set the prescribed liquidated damages if they are excessively higher than the losses caused, and the people's court or arbitration institution may, at the request of the parties, appropriately reduce them to Changlu.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Legal analysis: If the contract for the sale and purchase of commercial housing does not stipulate the amount of liquidated damages or the calculation method of damages, the amount of liquidated damages or damages can be determined with reference to the following standards: if the payment is overdue, it shall be calculated according to the total amount of the unpaid purchase price of Hu Qidraft, and with reference to the standard for financial institutions to delay the collection of overdue loan interest stipulated by the People's Bank of China.

If the house is delivered for use within the time limit, it shall be determined in accordance with the rent standard for the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Disputes over Contracts for the Sale and Purchase of Commercial Housing Article 17 If the contract for the sale and purchase of commercial housing does not stipulate the amount of liquidated damages or the method of calculating the amount of damages, the amount of liquidated damages or the amount of damages may be determined with reference to the following standards: If the payment is overdue, it shall be calculated according to the total amount of the unpaid purchase price and with reference to the standard for financial institutions to collect interest on overdue loans stipulated by the People's Bank of China.

If the house is delivered for use within the time limit, it shall be determined in accordance with the rent standard for the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing, there are five specific circumstances in which the above-mentioned principle of penalty and damages is applied: (1) after the conclusion of the contract for the sale and purchase of commercial housing, the seller mortgages the house to a third party without informing the buyer; 2) After the contract for the sale and purchase of commercial housing is concluded, the seller sells the house to a third party. (C) deliberately conceal the fact that the commercial housing pre-sale permit has not been obtained or provide false commercial housing pre-sale license certificate; (4) deliberately concealing the fact that the house sold has been mortgaged; (5) Deliberately concealing the fact that the house sold has been sold to a third party or resettled for demolition compensation.