Judicial precedent data can be checked. In Shanghai, almost every 100 second-hand housing transactions, 2 to 3 groups will go to court for buying a house, and 1 intermediary will have a dispute. This includes swallowing and admitting failure!
what is the problem? From the perspective of a real estate lawyer, I think the problem is: many people spend several million to buy a house, and they have to wait until the middle school cultural intermediary gives it out. What do you see that you want to sign! However, you can understand
When buying a house, everything must fall on the top, "If you are willing to talk but not write, you are playing hooligans!"
So, if you can imprint it in your mind and talk about it, it's like turning on the navigation, and you won't get lost! This article is worth it.
, to be more standardized, the first agreement you should sign is: "Intermediary Service Agreement" Level: ★★
This one is signed after you confirm that the intermediary company "can cooperate", it's too late to talk about it after you find the house!
Note: Don’t sign anything without negotiating, follow the salesman to look around, because after you find the ideal house, you have no bargaining power for the agency fee! You will never save tens of thousands of agency fees and offend the salesman in front of you! And that's what they want to achieve.
The mortgage should be released before establishing a mortgage house transaction. In this case, there is no problem with the cancellation of the mortgage agreement between the two parties, but Ms. Zhang agreed to handle the bank repayment, which made it impossible to continue to perform. Ms. Zhang should bear the liability for breach of contract. Therefore, our court judged Ms. Zhang to pay liquidated damages.
"Know intermediary stores carefully", what does it mean to understand?
Speaking of which, God will know the matter after chatting for a while!
The seller can operate in this way. When listing, it is clear whether to pay the intermediary fee and how to pay. If the intermediary finds a customer and finds that you want to sell, then 80% of them will ask you to pay a little intermediary fee.
When both parties agree on the price and the payment method is ok, the intermediary will arrange for the two parties to meet to "make a () order" and sign a contract to pay the deposit. Strictly speaking, at this time, the "Deposit Agreement" should be signed, but most intermediaries will arrange for both parties to sign the "Deposit Agreement" Sales Contract", one is to prevent customers from going back on their word, and the other is to collect intermediary fees.
Well, if it’s time to talk thoroughly, it’s okay to sign the “Business Contract” directly, but the problem is: at this stage, there is often information. After learning more information later, you decide to buy it. Here, you are willing to bear the deposit penalty, which is stipulated by the law, but This intermediary bamboo basket is empty, so they are willing to buy customers this period.
This place, allow me to advertise:
If you send it to us for a look before signing the contract, you can;
If the contract is signed and something goes wrong, bring it to us and see what you can do, that's fine. The contact information is as follows:
➡️ The first few pages have been filled in, there is nothing to change. Pay attention to several time nodes, and grasp the performance of the contract as scheduled.
Lawyer He Ming's introduction: On October 20, the People's Court of Xicheng District, Beijing held a news briefing on typical cases of second-hand house sales contract disputes. Ten typical cases of "risky houses" were interpreted, showing the legal risks in types of second-hand houses, and how to Prevention of related risks is introduced. The host of the live broadcast, Zhou Jie, and the spokesperson of the Xicheng District Court and the person in charge of the Information Office, Liu Bailu, introduced the background of the news briefing. Guo Yunyan, President of the First Civil Division of the Xicheng Court, Han Nan, the Vice-President, and Tian Xiaoxin, the judge, attended and introduced the relevant situation. The following is excerpted from the transcript of the press conference.
The number of cases received is that disputes over housing sales contracts are the second cause of action for housing lease contract disputes. Xicheng District is an old urban area in Beijing. Most of the house transactions in the jurisdiction are second-hand houses. Legal Issues The issue of the sales contract may involve housing property rights, mortgage loans, entrusted agents, intermediary activities and other legal issues, as well as household registration migration for the purpose of enjoying educational resources, and school district housing policy issues. The complexity of the above-mentioned second-hand housing transactions coupled with the parties' lack of relevant legal knowledge and awareness of prevention have led to housing disputes.
Therefore, in recent years, our court has conducted systematic research and sorted out cases of second-hand housing sales contract disputes, summed up ten categories of "risk housing", interpreted typical cases, demonstrated legal risks in second-hand housing types, and introduced prevention related Risk legal knowledge, in order to provide reference for the public to avoid risks and protect legitimate rights and interests, thereby reducing the risk of buying a house and ensuring transactions.
On March 1, 2015, Mr. Han and Ms. Zhang signed a house sale, agreeing that Mr. Han would buy a house located in Guang'anmenwai Street, Xicheng District, with an area of 43 square meters and a total price of 1.74 million yuan. The house was purchased by Ms. Zhang with a mortgage in 2013, and the house was mortgaged with a loan of 1.15 million yuan from China Everbright Bank. Because Ms. Zhang paid off the loan, the mortgage was eliminated. Knowing the relevant situation, Mr. Han made a relevant agreement, and agreed that Ms. Zhang would go through the procedures for early repayment within 10 working days after signing the contract. Mr. Han and Ms. Zhang paid 1.2 million yuan for the purchase of the house in advance, but Ms. Zhang went through the procedures for releasing the mortgage. During the transaction, Ms. Zhang had other disputes, and the house was sealed up by the court, making it impossible to continue the transaction. Mr. Han appealed to our court and asked Ms. Zhang to pay liquidated damages.
2. Restrictions on the rights of the real estate □A. Party A promises that the real estate has the full right to dispose of the real estate, and there are defects and burdens of seizure, mortgage, and right holders’ rights to sell during the transaction.
During the performance of the second-hand housing sales contract, there will be mortgages on the trading houses. If the transaction needs to be released, the buyer must understand that if the seller does not release the mortgage for various reasons during the mortgage release process, it will directly affect the next step. fulfill. Therefore, buying a house requires a mortgage. If you want to buy a mortgaged house, you must properly sign the contract, urge the seller to release the house, and prevent the situation from happening.
On July 29, 2013, Ms. Wan, an old lady in her 80s, introduced Ms. Liu to borrow a loan, and used a house of her own in the plain of Xicheng District as a guarantee. On the same day, Ms. Chen Granny Wan signed a power of attorney, authorizing Ms. Wan to handle the mortgage and sale of the house involved on her behalf. Ms. Wan went through the notarization procedures of the house mortgage. On April 1, 2014, Mrs. Chen failed to repay Ms. Liu's loan. Ms. Wan signed the "Beijing Existing House Sales" on behalf of Mr. Chen Mr. Chang, and the house involved in the case was sold to Mr. Chang at a low price. Mrs. Chen left home and later appealed to our hospital, requesting to revoke the stock house sale signed by Mr. Chang.
After the trial, the court believed that the house transaction price was too high, most of the clauses were blank, and the buyer had seen many doubts about the house involved. Based on the relevant case facts, it was believed that Ms. Wan and Mr. Chang’s behavior in concluding and performing the house sale was in line with market trading habits. It was unfair, so the judgment revoked the house sale signed by Mr. Chen Mrs. Chang.
In practice, under the guise of buying and selling houses, concealing the fact of high-interest loans, and handling entrusted house sales and house mortgage notarization at the same time, it is a disguised house repayment. When the borrower is unable to repay the loan, the house is resold at a low price. This behavior not only connives at the illegal activities of usury, violates the legitimate rights and interests of borrowers, and disrupts the order of mortgage registration, it should arouse our vigilance. In addition, from the buyer’s point of view, when a house is sold at a price lower than the market price, do not trade it. It is necessary to review the ownership of the seller, find out the relationship between the actual transaction person and the property owner, and avoid economic losses caused by buying a house that is foreclosed on.
On October 12, 2010, Mr. Jing, the seller, and Mr. Ma, the buyer, signed the "Beijing Stock House Sales and Purchase Agreement", agreeing that Mr. Jing is located in a house in Hongxian Hutong, Xicheng District, Beijing to sell Mr. Ma, with a construction area of 21.5 square meters , the price is 670,000 yuan. After signing, Mr. Ma paid a deposit of 20,000 yuan. On October 31, 2010, Mr. Jing's wife, Ms. Wang, Mr. Ma, sent a notification letter, informing that the house is the joint property of the husband and wife. Because Mr. Jing asked him to sign the house sale and signed the contract, Mr. Jing later performed the contract on this ground. . On July 13, 2012, Mr. Ma passed away. In 2015, Mr. Ma's children sued the court to demand that Mr. Jing continue to perform the contract.
The "Marriage Law" stipulates that the property acquired by the husband and wife during the existence of the marriage relationship shall belong to the husband and wife, and the husband and wife shall have the right to dispose of the property owned by the husband and wife. One party's other party's unauthorized disposal of common property is an act of unauthorized disposal.
In this case, the court found that Mr. Jing’s behavior of selling the house was indeed his wife, so the court ruled to reject the claim of Mr. Ma’s children to continue to perform the contract. , in this case, it was Mr. Jing's fault that he failed to perform, and Mr. Jing should agree to bear the corresponding liability for breach of contract. In fact, Mr. Ma only needs to do one job during the process of buying a house to avoid this situation. While signing the contract, ask about the seller’s family situation and see the marital status listed in the seller’s household registration book. The spouse signed the informed consent, so as to avoid the situation in this case. If the seller deliberately conceals the marital status, he needs to be vigilant.
On May 21, 2015, the seller, Ms. Dong, and the buyer, Ms. Wang, signed the "Beijing Existing Housing Sale", agreeing that Ms. Wang would purchase a house located in Xuanwumen West Street, Xicheng District, with a total value of 3.05 million yuan. It was agreed that within 10 days from the date of transfer of ownership of the house, Ms. Dong should go through the formalities of moving out of all original household registrations with the household registration management authority at the place where the house is located. If Ms. Dong is on time or unable to move out due to her own reasons, Ms. Wang should pay 10% liquidated damages of the total price of the house and continue to perform the obligation to move out of all household registrations. After that, Ms. Wang agreed to obtain the ownership of the house involved in the case, but Ms. Dong's stepson moved out of the house. Later, Ms. Wang appealed to the court to request that the defendant, Ms. Dong, agree to pay 10% of the total price of the house as liquidated damages, and continue to perform the obligation to move out of the household registration.
Legally established parties are legally binding. The parties should generate their own expectations and bear the corresponding legal consequences. The household registration problem in this case is a situation encountered in the second-hand housing transaction. Hukou migration is not a civil juristic act between civil subjects. It is essentially an administrative act of the public security organ and is not subject to judicial adjustment. However, the obligation to transfer household registration can be written into the terms of the contract as an agreed content, and the corresponding liability for breach of contract should be specified.
In this case, the two parties agreed on the overdue relocation clause, which is an agreement reached by the two parties, which is legal and protected by law. Our court agreed and ascertained the facts, combined with the performance, the extent of the defendant's fault and whether there was any actual loss, and judged the defendant to pay part of the liquidated damages. Therefore, in transaction practice, the seller can be urged to actively fulfill the obligation of moving out of the household registration by specifying the consequences of breach of contract involving the issue of moving out of the household registration.
After the trial, the court held that the house sale and purchase signed by the two parties was true and valid, and since the content of any house involved in the case was agreed in the agreement, the loss of price difference claimed by Mr. Ma could not be supported. However, a certain intermediary company, as the intermediary party, failed to fulfill its review responsibility and was at fault, so it was judged that the intermediary company refunded the intermediary fee. In practice, many people buy houses in the school district for their children to go to school, but there is no clear agreement that the house has a degree, or although there is an agreed degree, there is no corresponding liability for breach of contract, which leads to disputes. Therefore, the main purpose of buying a "school district house" is to verify the relevant enrollment policies and the use of housing enrollment indicators by the school and the education department in advance. If the purpose of buying a "school district house" cannot be achieved, the buyer has the right to request termination of the contract and compensation for the loss of the house price difference.
On April 5, 2015, the house seller, Mr. Li, and the buyer, Xiao He, signed a house sale on a house located on Baiguang Road, Xicheng District. The agreed purchase price was 4.9 million. The transfer time was signed within 120 days, that is, on August 3, 2015. . However, due to the restriction of Xiao He's purchase quota, Xiao He needs to sell a house under his name to buy another house. As a result, He sold a house on June 30 to obtain the qualification to buy a house, and only started to actually perform the contract on July 1. Later, in the house source verification, the house involved in the case was returned without going through the listing procedures. Later, Mr. Li completed the listing procedures of the central maternity house on July 17. Xiao He applied for a loan, approved the loan on August 7, and completed the transfer on August 11. The agreed deadline was 8 days late. Mr. Li believed that Xiao He was responsible for the overdue transfer and sued to Our court required Xiao He to pay a penalty of 10,000 yuan for overdue transfer of ownership. He believes that Mr. Li, who is responsible for the overdue transfer, concealed the facts of the central delivery room, which led to a delay in the loan processing time.
On the issue of liability for breach of contract in overdue transfer, our court believes that the transfer of the house involved in the case was actually completed more than one month after obtaining the qualification to purchase the house, and it was agreed that the transfer should be completed within 120 days from the date of signing. In view of the objective situation of needing a loan to purchase a house, Xiao He should bear the corresponding liability for breach of contract when the house under his name is sold. However, Mr. Li should know that the central delivery room of the house involved in the case should complete the listing procedures before the house is sold. Mr. Li went through the listing transaction procedures of the central delivery room in July. The time limit for the transfer of the house involved in the case will be affected, and he should bear corresponding responsibilities. gold. , our court ordered Xiao He to pay Mr. Li 8,000 yuan in liquidated damages for overdue registration of transfer of house property rights.
From the buyer's point of view, before signing the contract, it is necessary to understand the source, nature and whether the listing transaction conditions are met; from the seller's point of view, the relevant listing procedures should be completed before the house is sold, so as to ensure the smooth execution of the signing between the two parties.
Further reading…
How many contracts should be signed for a complete second-hand housing transaction?
On March 23, 2010, Ms. Zhou, who lived abroad, entrusted Mr. Sun to sell her house in Xibianmen Dongli, Xicheng District. The entrusted scope was the pre-sale procedures. Ms. Zhou herself came to Beijing on April 9, and handled all the original materials. Formal formalities for house sales, transfer and house payment matters in person. On March 27, under the intermediary service of a real estate brokerage company of Mr. Zhao, the house involved in Mr. Sun signed the "Beijing Existing House Sales", and the total price of the house was agreed to be 1.85 million yuan. On the day of signing, Mr. Zhao and Mr. Sun paid a deposit of 100,000 yuan. On April 9, after returning to China, Ms. Zhou believed that Mr. Sun had no right to act as an agent for the formal signing of the house and the collection of deposits, and the transaction price of the house was too high, so she ratified and refused to perform the contract. Mr. Zhao sued our court to request confirmation that the house involved in the case signed a house sale; Mr. Sun doubled his deposit; a real estate brokerage company refunded the intermediary fee; Ms. Zhou, Mr. Sun and a real estate brokerage company compensated for the loss of the house price difference.
As for agency authority and fault liability, our court believes that Ms. Zhou clearly stated that she will return to China on April 9, and she will go through the formal formalities of the house sale with all the original materials. Ms. Sun made a ratification after returning to China, so Mr. Sun and Mr. Zhao’s signing should be an ultra vires agency. Ms. Zhou is not at fault. He was at fault for instructing Mr. Zhao and Mr. Sun to sign a house sale, and causing Mr. Sun to confirm that he had no right to act as an agent; and Mr. Zhao was responsible for fully reviewing the power of attorney. It was judged that Mr. Zhao and Mr. Sun signed a house sale, Mr. Sun returned the deposit to Mr. Zhao, a real estate brokerage company refunded the intermediary fee to Mr. Zhao, and Mr. Sun and a real estate brokerage company compensated Mr. Zhao for part of the house price difference.
In practice, due to the inconvenient movement of the house owner, being abroad, and work reasons, it often happens that an agent is entrusted to sign the house sale. However, if the actor does not have the power of agency, exceeds the power of agency, or the power of agency is terminated, the contract is concluded in the name of the principal, and the principal ratifies it, the principal becomes effective, and the actor bears the responsibility. When encountering such a situation, the buyer should be more vigilant, ask the agent to provide a power of attorney, and clearly stipulate that when there is no right to act as an agent, the agent should bear the responsibility for breach of contract, and at the same time require the agent to show the original real estate certificate and the identity certificate of the owner to prevent The agent has no authority to act as an agent, or the owner's house price has risen without knowing the claim.
On May 19, 2013, Mr. Li and Mr. Mei signed a house lease, agreeing that Mr. Li would rent a house located in Chunshuyuan, Xicheng District to Mr. Mei. The lease period will start on May 19, 2014. Both leases renewed on May 19, 2015. On December 6, 2014, under the intermediary services of a Beijing real estate brokerage company, Mr. Li sold the house involved to Mr. Yang for a total price of 3 million yuan. On the same day, Mr. Li, Mr. Yang, and the intermediary company signed a "Supplementary Agreement" to agree on rental matters. Mr. Li will refund Mr. Yang's rent of 10,000 yuan after receiving all the housing payments. Mr. Yang guarantees that the tenant will live until June 1, 2015. Now, Mr. Mei and Mr. Li have violated the lessee’s right of first refusal by selling the disputed house, so they sued this court and demanded compensation of 100,000 yuan from Mr. Li. During the trial, Mr. Li claimed that Mr. Mei knew about the sale of the house, because Mr. Mei brought an intermediary to view the house during the sale.
Mr. Mei, as the lessee of the house, does enjoy the right of first purchase under the same conditions when Mr. Li sells the house. After trial, our court held that, based on the testimony of witnesses who took people to see the house from a Beijing real estate brokerage company, as well as the call records of Mr. Li and Mr. Mei on the day of the house viewing and the day when the house sale and purchase agreement was signed, it is believed that Mr. Mei should be aware of the sale of the house involved in the case, and that Mr. Mei provided evidence to prove that he had proposed to purchase the house involved. In this case, Mr. Li’s act of selling the house involved in the case violated Mr. Mei’s right of first refusal, and the judgment rejected Mr. Mei’s claim.
In 2008, the People's Bank of China of a securities company in Liaoning was closed down administratively, and its assets compensated the bank, including a house in a certain place in Shenyang City. Later, the People's Bank of China entrusted Company A to carry out asset packaging and auction (Company A is an enterprise in Xicheng District, Beijing), and Company B purchased these properties through auction. In 2014, one of the properties of Company B was transferred to Mr. Yue. Mr. Yue agreed to pay all the purchase price of the house, but there was a problem during the transfer. Since the original property owner of the house was canceled by a securities company in Liaoning, Company B was not the property owner of the house, and the local housing management department could not Mr. Yue went through the transfer process, and then Mr. Yue A and B companies sued our court for cooperation in completing the transfer procedures.
The focus of this case is that Mr. Yue bought the house at auction, but he was unable to handle the transfer of ownership. The original property owner of the house involved in the case was administratively closed down by a securities company in Liaoning, and the legal person was canceled accordingly. He was qualified as a civil subject and could not cooperate to complete the transfer procedures. Company B bought the real estate at auction, but transferred the ownership, so the right to dispose of the house involved still belongs to Company A. As a result, Mr. Yue asked companies A and B to cooperate in the transfer of ownership and resolve it through litigation. After the trial, our court ruled that Company A assisted in the transfer of the house involved in the case to the name of Company B. Within seven days after the completion of the above obligations, Company B assisted in the transfer of the house involved in the name of Mr. Yue.
Auctioned houses often involve debt issues, and the house may be mortgaged multiple times. Buying this type of house may face creditors' recovery. In addition, attention should be paid to the property rights of the house, whether there are actual residents and whether the household registration has been moved out, and whether the house has paid water, electricity and property fees, which need to be borne by the bidder. In short, the situation of the auction house, whether it is bidding or indirect purchase, needs to be understood and treated.
After the trial, the court held that Mr. Shen's failure to obtain the loan approval as scheduled was due to objective reasons not attributable to both parties. The two parties signed a fund supervision agreement, and the transfer procedures were actually handled on July 14. Therefore, Mr. Shen's payment of fund supervision funds was not a unilateral breach of contract, and the housing sales contract involved in the case should continue to be performed. However, both parties are obligated to the transfer obligation, and the failure of both parties to complete the transfer as agreed was not due to Ms. Cheng's unilateral breach of contract. Therefore, Mr. Shen's request for Ms. Cheng to pay liquidated damages is not supported. Our court ordered Mr. Shen and Ms. Cheng to pay the remaining house payment of 3.58 million. Ms. Cheng cooperated with Mr. Shen in handling the transfer registration of the house involved, and rejected Mr. Shen's other claims and all of Ms. Cheng's claims.
Although the performance in this case was not caused by the buyer’s unilateral breach of the contract, in practice, breaches of the contract due to rising housing prices occur from time to time, which means that the contract is terminated or the price is increased for breach of contract for various reasons. At this time, the buyer can take up legal weapons to protect his legal rights. There are two options, one is to request to continue to perform the contract, and the other is to terminate the contract and compensate for the loss. But no matter what the appeal is, it is necessary to confirm that the buyer and the seller sign the contract to purchase the house, and secondly, they must strictly perform the contract and provide evidence of the seller's breach of contract in time.
"Basic clothing, food, housing and transportation" are indispensable things for people in modern life, and they exist all the time. And warm housing is people's eternal pursuit. Everyone is looking forward to having a new house, but due to economic pressure, the second-hand housing market is in high demand and houses are in demand. When we buy a second-hand house, we need to sign a contract. In the following, the lawyer editor will provide a sample of an intermediary second-hand housing sales contract.
According to "Contract Law of the People's Republic of China", "Urban Real Estate Management Law of the People's Republic of China" and other relevant laws and regulations, after Party C provides intermediary services, on the basis of both parties, Party B purchases Party A's real estate, and clarifies the rights and obligations of both parties. This contract is concluded through consensus.
Party A owns the housing located in the sale of Party B. The construction area of the real estate is ___________㎡, and the house ownership certificate number is ______________________. The facilities and equipment attached to the house transfer include XX.
1. Guarantee that all the introductions of the real estate are true and comply with the relevant regulations and policies of the country and this city on housing listing, otherwise, Party A shall bear full responsibility;
2. Restrictions on the rights of the real estate □A. Party A promises that the real estate has the full right to dispose of the real estate, and there are defects and burdens of seizure, mortgage, and right holders’ rights to sell during the transaction.
Further reading…
Guarantee that Party B is subject to legal recourse by a third party □B. Set up a mortgage before the real estate transaction, and Party A, the mortgagee, should go through the mortgage cancellation procedures beforehand;
3. If there are debt disputes related to taxes and facilities installation fees before the real estate transaction, Party A should apply for the settlement before the transfer of the property rights of the house. If there are any unsettled matters, Party A shall bear full responsibility;
4. If there is a burden of rights or a debt dispute in the real estate, if Party B causes losses due to litigation and dispute handling procedures, Party A shall be liable for compensation.
1. On the signing date of this contract, Party B shall pay Party A a deposit of RMB 10,000 as a guarantee for the purchase of the house. If Party A breaks the contract before applying for the transfer of the property rights of the house, Party B shall return double the deposit to Party B; After completing the house property transfer application procedures and signing, the deposit will be used as the purchase price.
2. Urges Party A to perform the contract in a timely manner. Party B can reserve the yuan as a performance margin. Party A actually delivered the house, settled the cost of payable, and all the real estate rights were settled in the name of Party B.
3. In addition to the deposit, the remaining house payment is XX yuan, and both parties agree to adopt the following X payment method
1. Party B shall pay Party A a down payment of RMB 100,000 and apply for a loan with the remaining housing payment of RMB 100.00.
2. Party B shall submit the relevant materials of the loan application to the lending institution, and cooperate with the lending institution to conduct loan investigation, review and approval procedures. Party A shall assist Party B in handling the loan procedures. Part of the house payment for the loan shall be paid directly to Party A on the day the lending institution makes the loan.
3. If the actual loan amount approved by the lending institution is not enough to pay the balance of the house payment or the loan is not approved, the two parties agree to deal with it in the following method
1. Both Party A and Party B shall bring relevant materials to the house ownership registration authority to apply for registration of house ownership transfer.
4. Before the transfer of real estate rights is completed, in case of planned demolition, Party A shall actively assist Party B to handle the relevant demolition procedures, and Party B shall enjoy and undertake the rights and obligations of compensation for relocation and resettlement.
1. Party A shall vacate the house and deliver it to Party B for possession and use, and hand over the house key as a sign of house transfer.
2. When the house is handed over, Party A and Party B shall carry out inventory and inspection along with the transferred facilities, equipment and decoration of the house.
3. Party A shall bear the expenses of water, electricity, cable TV, communication and property incurred in the house before the delivery date, and shall submit the proof of payment of the above expenses to Party B for inspection before the house is handed over. If there is any unsettled matter, Party B has the right to directly deduct the above arrears from the performance bond. Party B shall bear the expenses incurred after the delivery date.
1. Except for the reasons of the lending institution, Party B shall pay within the time limit stipulated in this contract. For every day overdue, Party B shall pay 5/10,000 of the overdue payment and Party A shall pay an additional liquidated damages. Party A shall notify Party B in writing to terminate the contract. Party B shall pay 20% of the total real estate transaction price to Party A as liquidated damages, and shall bear all transaction taxes and fees of both parties in this transaction. Party A shall refund Party B the liquidated damages and payable taxes and fees within three working days from the date of service of the termination notice.
2. Force majeure affects Party A’s delivery of the house or moving out of the household registration relationship within the time limit stipulated in this contract. For each overdue day, Party A shall pay 5/10,000 of the house payment paid by Party B as liquidated damages. The liquidated damages can be directly deducted from the performance bond. Party B has the right to check out if the delivery is overdue by more than one day. Party A shall refund Party B's full payment within three working days from the date of delivery of the notice of check-out, and Party B shall pay 20% of the total transaction price of the real estate as liquidated damages, and shall bear the All transaction taxes and fees for both parties in the transaction.
3. If Party A or Party B performs its obligations as agreed, resulting in a delay in the transfer of the transaction, the defaulting party shall pay the other party a liquidated damages of 100 yuan for each overdue day until the actual performance is completed. If Party A's fault causes Party B to fail to fully obtain the real estate ownership certificate within 30 days from the date of signing this contract, Party B has the right to check out. Party A shall refund Party B's full payment within three working days from the date of delivery of the check-out notice, and Party B shall pay 20% of the total transaction price of the real estate as liquidated damages and bear all transaction taxes and fees of both parties in this transaction.
4. Party A conceals the fact that the house was sold to a third party or mortgaged when the contract was signed, or Party A sold or mortgaged the house to a third party after the signing of this contract, resulting in the inability to achieve the purpose of this contract, and Party B has the right to withdraw. Party A shall return all payment to Party B within three working days from the date of delivery of the check-out notice, and Party B shall pay twice the amount paid for the purchase of the house as liquidated damages.
The content published in this material is the contract template, and the renting information will be reported before March 18, 2021. Do a good job in renting houses in time to consolidate the house expansion and poverty alleviation achievements. The organic combination of project construction and element guarantee, the owner can adjust the indoor temperature and heating start and stop time; the residential community is included in the implementation plan.
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