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Brief analysis of common problems in second-hand housing transactions

Author :Tianjin Bo Law Firm   Time :2019-01-04

Whether buying a house or selling a house is a big deal for the general public, especially today, when house prices are rising and real estate policies are changing from time to time. In order to ensure the smooth completion of the transaction, it is particularly important for both parties to understand and grasp the judicial evaluation scales of common disputes in the process of second-hand housing transactions. The author below makes a simple analysis of the more controversial issues encountered during the practice.


After signing a house sale contract, what is the reason why the purchase restriction policy is not eligible for a house?

Second-hand housing transactions generally need to go to the real estate administrative department where the house is located to sign a real estate sale and purchase agreement, commonly known as "network signing". Generally speaking, the new purchase restriction policy has no effect on the second-hand housing transactions that have already been "network-signed". The agreement can be fulfilled. The above-mentioned problems mainly refer to the new purchase restriction policy after the buyer and the seller directly sign the house sale contract or the buyer, seller, and real estate agent sign the house sale contract containing the intermediation content. The introduction of the problem caused the buyer not to buy a house, unable to continue the "network sign", how to deal with the signed house sales contract. For such a direct impact on real estate control policies such as restricted purchases and bans, the contract can not continue to perform. In judicial practice, it is generally concluded that the contract cannot be performed and cannot be blamed on the buyer and the seller. The seller or the buyer can request the court accordingly. In the case of a change or termination of a contract, the court will generally grant a change or terminate the contract in light of the actual circumstances of the case.


After signing the contract, the seller repented and did not agree to sell it. What should I do?

This is to distinguish whether the “network sign” has been carried out. If the “network sign” has been carried out, the seller refuses to perform the contractual obligations if the buyer has fulfilled the main obligation to pay the house payment, except for the first hundred of the “Contract Law”. In addition to the provisions of Article 10, the buyer may request the court to continue to perform the contract, request the transfer formalities, and deliver the house. If the “net sign” has not been carried out and the buyer requests to continue to perform the contract, in addition to the circumstances stipulated in Article 110 of the Contract Law, the court will review whether the case can continue to be performed when considering the case, considering the opinions of the real estate department and the performance of the contract. Case evaluation is made based on factors such as schedule, delivery of housing, and actual state of the house.


The seller breached the contract and did not agree to sell the house. How should the seller compensate the loss?

According to the provisions of Article 113 of the Contract Law, if one of the parties fails to perform the contractual obligations or the performance of the contractual obligations does not conform to the agreement and causes losses to the other party, the amount of compensation shall be equivalent to the losses caused by the breach of contract, including contract performance. After the benefits can be obtained. The breach of contract by the seller may result in the failure to perform the contract. The difference between the price increase of the house belongs to the benefit that the buyer can obtain after the performance of the contract. The actual amount of the loss shall be determined in accordance with the actual situation of the area, the performance of the buyer, and the rise and fall of the house when the seller concludes the contract. The ability to anticipate the ability, the degree of fault of the buyer and the seller, and other factors are comprehensively determined. Therefore, in the judicial practice, the seller can generally be required to compensate the house price difference, but the specific compensation amount needs to be comprehensively determined.


From the above simple questions, it can be seen that the disputes in the second-hand housing transaction process are quite complicated. The conclusions of the above-mentioned problems will change due to the specific conditions of each case. Therefore, once a dispute arises in the transaction process, it is recommended to consult a lawyer in time. Seek legal help and protect their legitimate rights and interests.


Author: Jia Wang, LLB, Tianjin Bo-designed law firm full-time lawyers, businesses involved in real estate construction law matters, contract disputes legal affairs, legal affairs trademark disputes, infringement disputes and other legal matters.


Tel: 15022627675


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