What are the circumstances of the fundamental breach of contract for the sale of housing

a, the house sale contract seller breach of contract situations

1, delivery can not. When the seller can not deliver the subject matter to the buyer, it constitutes a fundamental breach of contract, unless out of force majeure and other exemptions, should be liable for breach of contract.

2, delivery delay. Commodity house sale contract, the seller's payment, the actual should be composed of two parts, one is to deliver the house, the second is to deliver the title transfer procedures. These two kinds of payment delay, just to the buyer to cause some economic loss, or suffer some inconvenience, these generally can be claimed liquidated damages can be obtained to remedy, so the law should not provide a direct right to terminate the contract. The buyer may exercise the right to terminate the contract only after exercising a call. In doing so, the seller may assert certain causes of force majeure as a defense.

3, the quality of commercial housing defects. Article 12 of the "commercial real estate purchase and sale of interpretation", because the main structure of the house quality is not qualified can not be delivered to use, or after the delivery of the house, the main structure of the house quality of the verification is indeed unqualified, the buyer request for termination of the contract and compensation for damages, shall be supported. Commodity house purchase and sale of the interpretation of article 13, paragraph 1: due to the quality of the house seriously affects the use of normal residence, the buyer request to terminate the contract and compensation for damages, shall be supported.

4, commercial housing area short of responsibility. In accordance with the provisions of article 14 of the interpretation of the purchase and sale of commercial real estate, if the parties have not agreed, based on the calculation of the amount of the area error exceeds 3% of the part of the cost of the seller: that is, more than the part of the buyer does not need to pay the cost of the shortfall, the seller doubled back to the buyer. This treatment, is the seller to deliver the area error of more than 3% of the house as defective payment. This provision, on the one hand, can prompt the seller to standardize the development and sale of buildings, on the other hand, to the buyer than the exercise of the right to rescind to obtain more concessions, through economic means to promote the validity of the contract, to avoid the consequences of the reverse flow of real estate.

5, about the house direction, spacing, location does not meet the agreement or the provisions of the liability for breach of contract. For the landscape house, if the house direction, spacing, location of the error directly lead to watch the scenery suffered serious impact, all so that the buyer to win the contract purpose is greatly damaged, the buyer can exercise the right to terminate the contract. For general commercial housing if the direction, spacing, location location changes lead to sunlight, ventilation and light is seriously affected, the buyer can exercise the right to save.

6, on the green, supporting facilities and decoration does not comply with the agreement or provisions of the responsibility. The seller to attract buyers, in the pre-sale will be on the greening rate, supporting facilities and other commitments, but many sellers in the delivery of housing, often can not fulfill the promise. It is generally believed that these defaults do not lead to danger to life and property, nor does it seriously affect the quality of life, so it can not be recognized as a fundamental breach of contract, should not exercise the right to rescind, the buyer can claim liquidated damages or compensation for damages in this regard.

Two, prices rise seller default how

The plaintiff and the defendant signed a contract for the sale of housing is the true meaning of the parties, should be legal and effective, the transaction can not be carried out normally because of the defendant, the defendant's behavior constitutes a breach of contract, should bear the corresponding responsibility for the breach of contract. The buyer should take some measures to maximize the protection of their own interests.

1, the seller demanded a price increase or refused to continue to fulfill the contract for the fact of evidence. Mainly: negotiation under the auspices of the intermediary, the intermediary as a third-party witness; the communication process of recording; through the cell phone text message to obtain information on the other party's breach of contract; to the notary public to apply for evidence preservation, etc..

2, the seller at this stage will often avoid consultation, or find various reasons for not wanting to receive the buyer's purchase price. At this time, the buyer should be timely in writing to the seller, requesting the contract to fulfill the obligations of both parties. Including the requirement to take the initiative to fulfill the obligation to pay, in order to prevent the future seller to say that the buyer did not perform on time. The letter should be mailed by express mail, the buyer is recommended to appoint a lawyer to send a "lawyer's letter", therefore, in the signing of the contract of sale should pay attention to the contract to agree on a clear address for both parties to be served.

3, the seller's breach of contract in two cases, one is the refusal to continue to fulfill the contract, but did not sell the house to another person, in this case the seller is often opposed to family members or take not to go to the bank to unlock the way to obstruct the fulfillment of the contract; the other case is that the seller will sell the house to another buyer with a higher price, and handle the transfer procedures. In both cases, the buyer can claim to the seller's liability for breach of contract, the loss of its composition mainly includes: double the deposit or liquidated damages (Note: the deposit and liquidated damages can not be used in parallel, can only choose one of them, and often take the higher price) the buyer has paid the agency fee, the difference in the price of the house loss. The difference between these two cases is that the difference in the price of the house is determined in a different way. The former because the loss is not clear and specific, the court may be through the price assessment and take the middle value of the way to determine; the latter because of the price of the other sale is clear, the court will directly recognized before and after the transaction of the difference in price to determine the buyer's loss. In other words, the buyer can make up for the seller's breach of contract through litigation, and the seller is busy half a day to earn the difference in price will end up falling empty.