Case 1: The owner was sentenced to compulsory transfer with a starting price of 300,000.
20 14,165438127 October, Miss Wu and Mr. Hu signed a second-hand house sales contract through a real estate agency in Shenzhen. According to the contract, Miss Wu purchased Mr. Wu's property in a residential area of Shennan Road, Nanshan District, Shenzhen, with a total contract price of more than 2 million yuan. According to the contract, Ms. Wu paid a deposit of 600,000 yuan, 438+06, 5438+06, 5438 in October 2065, and Mr. Hu delivered the property involved to Ms. Wu in February 2065. Later, Miss Wu paid part of the house price during the Spring Festival. 2065438+March 2005, both parties handled more than 700,000 yuan of fund supervision in China Construction Bank. Later, Miss Wu obtained a bank loan commitment letter of more than 700,000 yuan and paid the mortgage redemption fee to redeem the property on her behalf.
However, from 2065438 to March 2005, Miss Wu requested to continue to perform the contract to assist in the house transfer procedures, but Mr. Hu asked Miss Wu to pay 300,000 yuan more for the house on the grounds of rising house prices, otherwise she refused to assist in the house transfer procedures. On the basis that Miss Wu agreed to an appropriate fare increase, Mr. Hu refused.
On April 20 15, Miss Wu filed a lawsuit: requesting that Mr. Hu continue to perform the second-hand house sales contract signed by both parties and transfer the property involved to Miss Wu's name.
After trial, the court of first instance held that Miss Wu had fulfilled the payment obligation of the contract, the property involved had been redeemed by Red, and the property had been delivered to its actual possession and use. Mr. Hu's reason for price increase is untenable, and he should fully fulfill his contractual obligations. When Miss Wu has fulfilled her obligations under the main contract, Mr. Hu has no right to unilaterally terminate the contract. Therefore, our court supports the defendant's claim to continue to perform the contract.
Case 2: The seller was awarded a penalty of 20% of the transaction price.
The buyer and the seller signed a sales contract on March 5, 20 14, and the seller agreed to sell a house in Shenzhen with a construction area of 88 square meters to the buyer. The agreed transaction price is 2.2 million yuan. On the day when the contract was concluded, the buyer paid a deposit of 654.38 million yuan, and on March 30, the fund was supervised, with a supervision amount of 490,000 yuan. On April 20, 20 15, the bank issued a loan commitment letter. However, on March 30, the real estate new deal was adjusted, and the housing prices in Shenzhen skyrocketed. On April 22nd, the seller issued a notice to cancel the contract on the grounds that "there was an oral lease on the property involved, and the lessee did not agree to move ahead of time and advocated the preemptive right".
On may 5, 20 15, the buyer sued the seller. After trial, the People's Court of Longgang District, Shenzhen, ruled in the first instance that the contract between the two parties clearly stipulated that the seller should guarantee the lessee to give up the preemptive right and terminate the lease contract before delivery. Now the seller unilaterally terminates the contract on the grounds that the lessee refuses to terminate the contract, which has constituted a breach of contract.
Due to other disputes over real estate, the conditions for continuing to perform the contract and compulsory transfer no longer exist. Therefore, the court of first instance decided to bear the liability for breach of contract according to 20% of the transaction price, and the seller returned the deposit of 65,438+10,000 yuan and compensated the liquidated damages of 440,000 yuan. At the same time, the acceptance fee of 4600 yuan and the preservation fee of 3220 yuan are also borne by the seller.
Case 3: The seller wants to pay the down payment for breach of contract, and the court decides to continue to perform the contract.
On March 8, 20 15, the buyer and the seller signed a sales contract. According to the contract, the seller transferred a residential area in Luohu District to the buyer, and the transaction price was 215m2. The buyer paid 50,000 yuan in cash that day. 2065438+On April 3, 2005, both parties signed the Supervision Agreement on Second-hand Housing Transaction Funds, and the buyer deposited the down payment of 570,000 yuan into the bank supervision account.
However, on May 3, 20 15, the seller suddenly lowered the price and informed the bank to terminate the fund supervision. But at this time, the bank has issued a loan commitment letter. After the seller decided to breach the contract, he also proposed to double the deposit, that is, 654.38+10,000 yuan, to settle the dispute according to the breach clause. However, the buyer did not agree, and filed a lawsuit in court, demanding to continue to perform the contract, and at the same time demanding the other party to compensate for the loss of 200,000 yuan.
After the trial by the People's Court of Luohu District, Shenzhen, the judgment of first instance held that the contract signed by both parties was an expression of the true meaning of both parties, and its contents did not violate the mandatory provisions of laws and administrative regulations, and it was an effective contract, which should be strictly performed by all parties. The plaintiff has fulfilled the obligations of paying down payment, down payment and applying for loan. And the defendant also admitted that the bank had issued a loan commitment letter, promising to pay 1.5 million yuan. This is enough to show that the plaintiff has fulfilled the obligations stipulated in the contract. The defendant clearly stated that he would not continue to perform the contract, which constituted a breach of contract and should bear the liability for breach of contract. However, the plaintiff did not provide the corresponding proof of loss. In addition, after refusing to fulfill the obligation to sell the house, the defendant took the initiative to ask the bank to lift the fund supervision and actively seek reconciliation, and has fulfilled the stop-loss obligation, so the court did not support the plaintiff's claim for compensation.
Case 4: court mediation continues to perform the contract
20 15 65438+ 10/7. Wu bought a garden property from the defendant Yang, and the transaction price was 2.55 million yuan. Wu Mou signed a contract on the same day to pay a deposit of 20,000 yuan, and paid a deposit of 30,000 yuan within three days. Supervise the down payment and apply for bank mortgage loan before April 15. Yang handed over the real estate license to the intermediary company on the day of signing the contract. At the same time, both parties signed the Confirmation of the Change of Contract Subject. Yang agreed to change the name of the buyer to Wu, and Wu continued to perform the relevant obligations of the contract.
After the contract was signed, the guarantor of the intermediary company paid Yang a deposit of 50,000 yuan, and the buyer and the seller also supervised the down payment of 820,000 yuan in the bank. After that, the bank asked for additional supervision and down payment of 240,000 yuan.
But when Wu Mou put the money into the bank supervision account as required, Yang wanted to bargain and refused to cooperate with the signature.
After repeated urging and discussion, Yang still insisted on not signing. Subsequently, Wu took it to court. Ask him to continue to perform the contract and transfer the property, and ask him to bear the liquidated damages for delayed performance.
After mediation by the court, the two sides reached a settlement through consultation, and the court issued a civil mediation book.
In the above, we introduced four cases of seller's breach of contract and related solutions. We know that the reason why the seller broke the contract is because the house price is one price per day. The seller found that his house price rose by hundreds of thousands overnight, and naturally he was carried away by the interests. Even if he broke the contract, he would make more money. Therefore, we hope that after reading these cases, we can learn as much as possible how to face and deal with this situation. I hope everyone will.
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