It is necessary for the intermediary company to bear the liability for breach of contract. In the process of buying and selling second-hand houses, if the buyer and seller sign a tripartite agreement with the intermediary company, the intermediary company of the third party also needs to bear the legal responsibility in the agreement. If the buyer needs a loan to buy a house, the intermediary company will be liable for breach of contract if it promises to handle the loan business.
Second, is it a breach of contract to sign a loan contract with a loan intermediary without lending?
This is a breach of contract. The loan contract has been signed and the contract has come into effect. If the applicant refuses to lend unilaterally, it is a breach of contract and needs to pay liquidated damages according to the contract.
legal ground
Seven articles of the people
If one party fails to perform its contractual obligations, it shall promise to continue to perform, take remedial measures or compensate for losses.
Article 583 of the Civil Code
If one party fails to perform its contractual obligations or fails to comply with the contract, and the other party still suffers other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.
3. Is the personal credit loan for buying a house in an intermediary a breach of contract if it is not approved according to the following contract?
If you don't pay the agency fee, you can claim compensation from the buyer according to the agency contract.
4. Is it a breach of contract if the house loan is not approved?
The answer to your question is as follows: if the mortgage cannot be done, the judgment of the liability for breach of contract can be divided into the following situations: 1. Reasons of the developer If the developer sells the house without the pre-sale certificate, the bank will find that the loan will not be approved during the review, or the developer fails to submit the loan materials in time, which leads to the unpredictable handling of the mortgage loan. At this time, due to the developer's reasons, the contract between the two parties cannot be fulfilled, and the buyer has the right to terminate the contract and ask the developer to bear the liability for breach of contract and return the deposit and down payment. 2. Seller's reasons For the house involving joint property rights, the seller sells the house to the buyer under the condition of concealing the joint property owner. The house purchase contract signed at this time is invalid, so it is impossible to handle the transfer, so it is impossible to handle the mortgage loan. This situation is a breach of contract caused by the seller concealing the real information of the co-owner, and the buyer can ask the seller to bear the liability for breach of contract and liquidated damages. Another reason why the mortgage can't be done is the buyer's own problem. If you can't provide the materials in time, or the materials are incomplete or false, you can't apply for a bank mortgage loan. The most common problem is credit. If the borrower's bad credit record is not malicious, you can negotiate with the loan bank or try other banks. The credit scoring standards of each bank are different, and some banks will be relatively loose. Generally speaking, as long as the credit record is not very bad, but if the overdue is serious, such as the credit card is overdue for three consecutive times, a total of six times, and the overdue amount is large (generally above 500 yuan), the loan will definitely be rejected. Providing false materials and poor credit information is the buyer's problem, and the buyer needs to bear the responsibility for breach of contract and cannot get back the deposit. 4. If there are changes due to government or bank regulations, such as stopping mortgage business, the buyer and the seller can negotiate. If the negotiation fails, the buyer can appeal to prove that he is not at fault, and demand to cancel the purchase contract and refund the deposit.