Who will put the second-hand house in the event? Improper negotiation is a bad deal.
2065438+September 2006, citizen Geng signed a house sales contract with Li through an intermediary company. Both parties agreed in the contract that the total area of the house is 64 square meters, and the total transfer price is 700,000 yuan, which will be paid by mortgage loan. Both parties shall go to the bank to handle relevant mortgage loan procedures within 20 working days, and Geng shall pay commission and deposit of 50,000 yuan when signing the contract, including commission of 6,000 yuan.
Since Li's house has not paid off the loan, it is necessary to pay off the original loan before continuing to handle the transfer procedures. To this end, the two sides agreed that the buyer Geng was responsible for the release of the house, and the seller liying unconditionally cooperated; Of the 50,000 yuan deposit, 20,000 yuan will be delivered directly to Li, and the remaining 30,000 yuan will be kept by the intermediary company. After the transfer, the agency fee is deducted, and the balance is offset against the house payment.
Subsequently, Geng paid more than RMB 1. 1 000 for handling the bank loan procedures, but there was a dispute between the two parties when handling the subsequent house release procedures. Who will pay for the house? The buyer Geng said that he had gone through the loan formalities at the bank within the time stipulated in the contract. As a seller, Li should have the obligation to lift the ban on his house; However, the seller said that the contract stipulated that he should mainly "carry", and Geng should bear the main obligation, that is, the buyer should pay first.
Property buyers can't get the funds to put the mortgage, which eventually leads to the failure to put the house on schedule. Geng immediately asked Li to terminate the contract, but the other party refused.
After many unsuccessful negotiations, Geng sued Li to the court, requesting to order Li to double the deposit, compensate for the loss of commission and bank loan fees, and bear the litigation costs of this case.
Both sides broke the contract, "50 boards each"
"My agent and I have never received a phone call from Geng saying that he got together to understand the mortgage. Before the house was rented, he (the tenant) moved away after signing the contract and dragged it all the time, which caused me losses. " Li disapproves of double liquidated damages.
After trial, Huiji Court held that according to the description of the third party submitted by the plaintiff, the recording of the defendant and other evidence, combined with the statements of both parties, the original defendant had a dispute after the signing of the house sales contract in this case, which has not been fulfilled so far, and the original defendant himself was at fault and breached the contract, and should bear corresponding responsibilities. For Geng's claim to double the deposit of 88,000 yuan, part of it was supported and the deposit was returned, but it was not double. Geng's losses in handling bank loans and agency fees shall be borne by both parties.
In the end, the court ruled in the first instance that Li returned Geng's deposit of 20,000 yuan, and compensated Geng for his commission loss and bank mortgage loan agency fee of 8,938 yuan. The third-party real estate agent returned the plaintiff Geng deposit of 24,000 yuan.
There is no clear stipulation to remind who will cancel the mortgage, so buyers should be cautious when signing the contract.
The presiding judge reminded that in recent years, with the rapid economic development, housing prices in some areas have been rising, and the disputes over the breach of contract by one or both parties in housing sales contracts are also on the rise. According to the General Principles of Civil Law and other relevant laws and regulations, as long as both parties to the contract have corresponding civil capacity, their intentions are true, they do not violate the mandatory provisions of laws and administrative regulations, and they do not violate public order and good customs, the contract is usually considered legal and valid. In the case that the house sales contract has not been deemed invalid or revoked according to law, both the buyer and the seller shall perform their obligations according to the contract. If one or both parties maliciously "change their minds", they will inevitably bear the corresponding legal consequences.
Then, who should bear the second-hand housing mortgage? The reporter inquired that at present, in the second-hand housing transaction, there is no clear stipulation that the buyer or the seller will repay the mortgage. When the seller can't raise funds to cancel the mortgage by himself, the intermediary will generally ask the buyer to pay in advance to assist the seller in handling the mortgage. In this process, buyers assume more payment obligations and there are many risks.
The presiding judge reminded the public to be cautious when signing a house purchase contract and be alert to the trap of real estate transactions. When buying a house, in addition to strengthening the verification of the other party's economic situation and ID card, real estate license, power of attorney and other documents, don't sign the relevant intermediary entrustment contract easily without finalizing the purchase intention. If you decide to buy a house, when signing a house purchase contract, especially a standard contract, you should carefully read the contents of the contract, and pay attention to clearly stipulate the delivery time, payment method, assistance in handling the transfer time, and the responsibility of one party after breach of contract, so that you can effectively safeguard your legitimate rights and interests in the face of contradictions and disputes in the future.