What should I do if the buyer signs the purchase contract and repents

If the intermediary purchase contract is signed by the buyer and the buyer repents and the contract cannot be performed, the buyer shall unconditionally refund all the purchase money to the seller, and shall also pay the seller liquidated damages equal to the purchase deposit. In addition, the buyer shall also bear the intermediary service fees and losses caused to the other party, including but not limited to various agency service fees, taxes, litigation costs, attorney fees, etc.

[Legal basis].Article 928 of the Civil Code of the People's Republic of China.

If the trustee completes the entrusted affairs, the trustee shall pay remuneration to him in accordance with the agreement. If the entrustment contract is terminated or the entrusted affairs cannot be completed due to reasons not attributable to the trustee, the client shall pay the corresponding remuneration to the trustee. Where the parties agree otherwise, follow their agreement.

Article 931.

With the consent of the trustee, the settlor may entrust a third party other than the trustee to handle the entrusted affairs. If the Trustee suffers losses as a result, the Trustee may request compensation from the Trustor.

After the two parties sign the "Commodity Housing Sale and Purchase Contract", before the "Commodity Housing Sale and Purchase Contract" has not been pre-sold and registered, if the buyer regrets and does not want to continue to perform the "Commodity Housing Sale and Purchase Contract", can he unilaterally terminate the contract on the grounds that the "Commodity Housing Sale and Purchase Contract" has not yet taken effect, and can he not bear legal responsibility? The buyer shall bear the liability for breach of contract in accordance with the contract. According to Article 8 of the Contract Law:

A contract established in accordance with the law is legally binding on the parties. The parties shall perform their obligations in accordance with the agreement and shall not modify or terminate the contract without authorization. Contracts established in accordance with the law are protected by law.

Article 6 of 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: Where a party requests confirmation of the invalidity of a commercial housing pre-sale contract on the grounds that it has not gone through the registration and filing formalities in accordance with the provisions of laws and administrative regulations, it shall not be supported.

If you regret signing the contract to buy a house, you have already paid the deposit, and the deposit cannot be returned. If the deposit is not paid and the liability for breach of contract is stipulated in the contract, the liability for breach of contract shall be based on the liability for breach of contract agreed in the contract, or the losses caused to the seller shall be compensated. Article 585 of the Civil Code stipulates that the parties may agree that one party 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 excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. Article 586 stipulates that the parties may agree that one party shall pay a deposit to the other party as security for the obligatory rights. The deposit contract is concluded when the deposit is actually paid.

The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. Article 585 of the Civil Code provides that 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 of contract. 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.

Article 586 of the Civil Code provides that the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is established when the deposit is quietly delivered. The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit.

If the other party does not agree, the buyer may also unilaterally terminate the contract, but must bear the corresponding liability for breach of contract, and if the deposit should be paid, it cannot be returned. According to the second paragraph of Article 566 of the Civil Code, if the contract is terminated due to a major breach of contract, the person with the right to terminate may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties. Article 583 stipulates that if one of the parties fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, the other party shall compensate for the losses if the other party has other losses after performing the obligations or taking remedial measures.

Article 566, Paragraph 2 of the Civil Code, where a contract is terminated due to breach of contract, the person with the right to terminate may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties. 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.

Analysis of the law and hunger: If you regret violating the Shousen contract, you need to bear the liability for breach of contract according to the agreement.

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 the violator's contract fee to the other party according to the circumstances of the breach, and may also agree on the calculation method 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.

Legal analysis: The purchase contract is an important document for both parties to determine the purchase and sale of the house, and it has legal effect after it is signed by both parties and takes effect. The buyer repents of the breach of contract after signing the purchase contract, and the liability for breach of contract is usually to pay liquidated damages, or the deposit paid will not be returned.

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

Article 595:A sales contract is a contract in which the seller transfers ownership of the subject matter to the buyer and the buyer pays the price.

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

The purchase agreement has been signed, and if it is repented for its own reasons, it constitutes a breach of contract, and it is necessary to bear the liability for breach of contract. If the purpose of the contract cannot be achieved due to the breach of contract by the other party, or if there is fraud, the buyer can claim to terminate the contract. Article 148 of the Civil Code, which came into effect in 2021, provides that if one party uses fraudulent means to cause the other party to carry out a civil juristic act contrary to its true intentions, the defrauded party has the right to request the people's court or arbitration institution to revoke it.

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.

If you regret signing the purchase contract, you can negotiate with the seller to terminate the purchase contract; If the seller does not agree to terminate the contract, the buyer will be liable for breach of contract if the buyer unilaterally terminates the contract;

Of course, if the buyer repents of terminating the contract due to the seller's breach of contract or the seller's reasons that the contract cannot be continued to perform, it does not need to bear the liability for breach of contract.

[Legal basis].Article 577 of the Civil Code provides that if a party 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.

After signing the purchase contract, if you regret it, if you have already paid the deposit, the deposit cannot be returned; If the deposit is not paid and the liability for breach of contract is stipulated in the contract, it is also necessary to compensate the seller for the loss caused by the breach of contract according to the liability for breach of contract agreed in the contract. If the liability for breach of contract is agreed, it cannot be too high, and the buyer has the right to request a reduction in the proportion if it is too high, specifically, if it is generally more than 30% of the actual loss, it will be determined that the liquidated damages are too high. In addition, the seller has the right to demand continued performance of the contract.

If the buyer refuses to bear these legal responsibilities and obligations, the seller has the right to file a lawsuit in court, and the court will most likely pay the seller's claim, and the buyer needs to fulfill the judgment. If the buyer still refuses to perform the judgment, it may also be subject to a request for enforcement, blacklisting, etc.

1. What should I do if the buyer does not sell the house after signing the contract?

After signing the contract, the seller does not want to sell the house, and the buyer may require the seller to bear the liability for breach of contract for continuing to perform the contract; Alternatively, the seller may be required to terminate the contract and be required to pay liquidated damages or other liabilities for breach of contract. If the seller refuses to bear the liability for breach of contract, the buyer may file a lawsuit with the court to demand that it bear the liability for breach of contract.

2. How to deal with the breach of contract on the delivery contract.

1. When the check-in time agreed in the contract arrives, if the seller fails to complete the work and notify the buyer to move in, it is not yet eligible for delivery and the buyer is called to live in: in this case, then directly stipulate the liquidated damages during the overdue delivery period in the contract.

2. If the house has not been completed and has not yet reached the conditions for occupancy, and the seller has also notified the buyer to move in according to the contract period, it shall be agreed in the contract:

1) When the seller delivers the house to the buyer, that is, notifies the buyer to move in, the basic occupancy conditions agreed by both parties shall be met, otherwise, it shall be deemed that the occupancy conditions have not been met, and the occupancy date shall be extended according to a certain period of time agreed by both parties, and the seller shall meet the occupancy conditions within the time limit; Otherwise, it will be regarded as a breach of contract and the seller will be late in delivery.

2) If the seller's behavior has constituted late delivery, a certain proportion of the house price (such as 3/10,000) shall be used as liquidated damages for each overdue day until the date of actual delivery by the seller, and if the overdue period exceeds a certain period (such as 3-6 months), the buyer has the right to terminate the contract, and the seller shall return the deposit twice in addition to the principal and interest of the house price to the buyer, and pay the liquidated damages during the overdue period.

Civil Code of the People's Republic of China

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.

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 587:Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the same purpose of Hehong, it has no right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.