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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. The law stipulates that if one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may require it to bear the liability for breach of contract before the expiration of the performance period. In other words, if you do not want to buy after signing the real estate contract, but there is no circumstance of terminating the contract as prescribed by law, then the buyer must bear the liability for breach of contract.
So, what are the liabilities for breach of contract that you don't want to buy after signing the real estate contract? How to compensate for property default? According to the law, the real estate contract can stipulate the liability for breach of contract.
Therefore, if the corresponding liability for breach of contract is stipulated in the real estate contract, such as the payment of liquidated damages, deposit penalties, etc., then the buyer must bear the liability for breach of contract in accordance with the real estate contract. If the buyer refuses to be liable for breach of contract under the property contract, then the developer can sue the court, which may enforce it. If the property contract does not stipulate liability for breach of contract.
Then, after the developer sues, the court will, in accordance with the provisions of the law and the specific circumstances of the case, require the buyer to bear the corresponding liability for breach of contract.
Legal basis: Civil Code of the People's Republic of China
Article 566:After the contract is terminated, if it has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution or other remedial measures according to the performance and the nature of the contract, and have the right to claim compensation for losses.
If the 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. After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability to the debtor, unless otherwise agreed in the guarantee contract.
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 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.
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When a buyer suddenly does not want to buy a property after paying a deposit and signing a contract during the purchase process, and faces the problem of default, the situation may vary depending on the specific situation. Here are some suggestions for dealing with common situations, so buyers should choose the right solution according to their own situation.
What should I do if I don't want to buy a house?
1. Irrerefundable deposit: According to relevant laws and regulations, if the buyer voluntarily breaches the contract and does not want to buy the property, the deposit is generally non-refundable. Buyers can try to negotiate with the seller to see if they can resolve the issue amicably.
Buyers can justify their reasons and propose reasonable solutions, such as using the deposit to buy another property or transferring the property to someone else. If the seller agrees, an agreement to rescind the contract may be reached.
2. Circumstances that make it impossible to sign a contract due to special circumstances: If the buyer has paid the deposit, but due to special circumstances (such as policy changes, natural elements, etc.), the two parties should negotiate amicably. The buyer may request a refund of the deposit from the seller, and the seller is obligated not to keep the deposit.
If the negotiation fails, you can seek legal remedy.
3 Circumstances in which the seller breaches the contract and the buyer refuses to perform: If the seller breaks the contract and causes the buyer to refuse to continue to perform the contract, the buyer has the right to demand a refund of the deposit, and may require the seller to pay double the deposit as liquidated damages. Buyers can protect their rights and interests through legal means, such as filing a lawsuit in court for the return of the deposit and compensation.
It is worth noting that, according to the first paragraph of Article 586 of the Civil Code, the deposit can be used as security for the creditor's rights. Therefore, when signing the contract, the buyer and the seller may agree that one party will pay a deposit to the other party as security. Once the deposit is actually delivered, the deposit contract is formed.
To sum up, if the buyer does not want to buy the house after paying the deposit and signing the contract, he should first negotiate amicably with the seller and try to reach an agreement. If the negotiation fails, you can seek legal relief according to the specific circumstances to protect your rights and interests. Buyers should understand the relevant laws and regulations during the purchase process and carefully read the terms of the contract when signing the contract to avoid unnecessary disputes.
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Legal analysis: If the buyer does not sign the contract with the developer or the two parties do not agree on the terms of the contract, most of the developer's deposit is non-refundable. If the contract for the sale and purchase of commercial housing cannot be concluded due to the reasons of the parties, it shall be handled in accordance with the provisions of the law on deposits; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.
Legal basis: Article 4 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 Commodity Housing Sales Contracts provides that if the seller accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract by means of subscription, ordering, reservation, etc., if it fails to conclude a commercial housing sales contract due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.
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Dear <>
We'll be happy to answer for you. If the buyer does not want to buy the house after paying the deposit, the buyer can negotiate with the other party to terminate the purchase contract, but the seller has the right not to refund the deposit. According to the first paragraph of Article 586 of the Civil Code, 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 concluded when the deposit is actually paid. Article 587 stipulates that if 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 purpose of the contract, it shall not have the 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.
Legal basis: Article 586, Paragraph 1 of the Civil Code: The parties may agree that one party shall pay a deposit to the other party as security for the right to award a debt. The deposit contract shall be concluded from the time of the actual delivery of the deposit. 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 purpose of the contract, it shall not have the 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, it shall return the deposit twice as much as it repents.
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Hello dear! I am your exclusive answerer, I have already finished sorting out your questions, I am very happy I come to your questions, dear, according to your questions as follows: buy a house signed a contract and pay a deposit do not want to buy first of all it is recommended that you negotiate with a real estate consultant.
If the cave is fruitless, it will be resolved according to the following circumstances: the deposit for the purchase of the house is paid but you don't want to buy it, if it is only for personal reasons, then the deposit will generally not be returned. In order to get the deposit back, the following must be proven:
1) If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the buyer may request a refund of the deposit. (2) If the developer does not have the qualifications to sell commercial housing, the deposit can be refunded. Legal basis:
Article 587 of the Civil Code: 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 the debt or the performance of the debt does not conform to the agreement, and the old letter makes it impossible to achieve the purpose of the contract, 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.
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Summary. Hello, I am happy to answer your questions: what should I do if I don't want to buy a house after paying a deposit and signing a purchase contractHello dear, if you don't want to continue to buy a house, you can consider the following ways:
1.Negotiate the termination of the contract: Communicate with the seller about your situation and request to terminate the contract.
According to Article 63 of the Contract Law of the People's Republic of China, when one party violates the contract or fails to perform the contract as agreed, the other party may request to terminate the contract. If the seller is unable to deliver the property as agreed in the contract, you can file a lawsuit with the court to rescind the contract on the grounds that the seller is in breach of contract. 3.
Transfer of rights: According to the provisions of the Security Law of the People's Republic of China, you can transfer the rights of the purchase contract to another person, that is, transfer the rights and interests of the purchase to other buyers who are willing to buy. However, during the transfer process, it is necessary to pay attention to whether the seller's consent is required and follow the relevant legal procedures.
Hope this helps<>
Hello, I am happy to answer your questions: what to do if you don't want to buy a house after paying a deposit and signing a purchase contractHello dear, if you don't want to continue to buy a house, you can consider the following ways:1
Negotiate the termination of the contract: Communicate with the seller about your situation and request to terminate the contract. If the seller agrees to terminate the contract, the two parties can sign a termination agreement to negotiate the refund and repayment of the deposit.
2.Termination of contract in accordance with law: According to Article 63 of the Contract Law of the People's Republic of China, when one party violates the contract or fails to perform the contract as agreed, the other party may request to terminate the contract.
If the seller is unable to deliver the house as agreed in the contract, you can file a lawsuit with the court to request the termination of the contract on the grounds that the seller is in breach of contract. 3.Transfer of Rights:
According to the provisions of the Guarantee Law of the People's Republic of China, you can transfer the rights of the purchase contract to another person, that is, transfer the rights and interests of the purchase to other buyers who are willing to buy. However, during the transfer process, it is necessary to pay attention to whether the seller's consent is required and follow the relevant legal procedures. Hope this helps<>
Supplemental Expansions:1Deposit refund:
According to Article 52 of the Contract Law of the People's Republic of China, when one party violates the contract or terminates the contract early, the other party has the right to repentance and demand the return of the deposit paid. Therefore, if you choose to terminate the contract late or in accordance with the law, you have the right to demand that the seller return the deposit paid. 2.
Legal dispute resolution: If you cannot reach an agreement with the seller, you can seek legal solutions to resolve the dispute. You can file a lawsuit with the relevant court to rescind the contract, return the deposit, and compensate for damages.
Hello dear, you can tell me the specific situation in detail. <>
Normally, it can be refunded, but the deposit is not. >>>More
Since the purchase and sale agreement has been signed and the deposit has been paid, if you find this situation, the deposit cannot be refunded, because it belongs to you who is in breach of contract, and the deposit cannot be refunded.
Basically, no, generally pay the deposit even if you have set the suite, the real estate will not be sold again, the record is registered, and the house will not be changed, unless the house has a very significant quality problem, then the real estate agent can consider changing the house for you, and generally there is no problem for you to change. >>>More
Deposits are generally non-refundable.
Legal basis] According to Article 115 of the Contract Law, the parties may, in accordance with the Security Law of the People's Republic of China, stipulate that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. >>>More
The agreement is a deposit.
(written agreement) then the rules of deposit shall apply. If the deliverer breaches the contract, the deposit will not be refunded. The so-called deposit rule reflects the following aspects: >>>More