-
Anonymous users2024-02-12In the case of repudiation, the solution is as follows: if the buyer pays the deposit when signing the house sales contract, and the buyer regrets not wanting to buy the house and refuses to pay the price of the house, the real estate developer can not return the deposit.
[Legal basis].
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 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.
If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount 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, the deposit shall be returned twice.
-
Anonymous users2024-02-11After 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.
-
Anonymous users2024-02-10The buyer repents and needs to bear the liability for breach of contract. If the check-out has been agreed in the purchase contract, the check-out can be acted in accordance with the agreement, and if the check-out clause is not stipulated in the contract but meets the statutory check-out conditions, it can choose arbitration or litigation to request the move-out.
[Basis for legal repentance].
Article 563 of the Civil Code provides that the parties may terminate the contract under any of the following circumstances: (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 the debts or 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.
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.
How to choose a room. 1. Determine your goals.
When choosing a house, you must first determine your goals, clarify how big the house you want and how much you can accept, these are all issues that need to be considered. >>>More
Legal Analysis]: The transfer costs are as follows;
1) Deed tax; For first-time buyers of less than 90 square meters, 1% shall be paid; 90-140 square meters are paid at 1% of the house price; More than 140 square meters shall be paid at 3% of the house price; >>>More
Beijing to handle the move in the city, the implementation of the "one place to finish" (cancel the city household registration relocation certificate), must issue the following documents to prove that the household registration moved into the police station directly handled, the same day can be out of the new house book, if the husband and wife need to be two people at the same time. >>>More
The biggest feeling is tiredness. Secondly, I didn't buy a house, and my sense of security was also very lacking. Before I bought a house, my family lived in a house left by my grandfather. >>>More
In the summer, there is a lot of sun exposure indoors. But if the house has a balcony, the amount of sunlight coming in will be reduced by 60% or 70%, so you don't have to worry too much about summer sun exposure. The benefit of the west orientation is that you can dry your clothes, bedding, and enjoy the beautiful sunset in the evening as well as the warm winter sunshine. >>>More