What to do if the seller of the relocation house breaks the contract
In recent years, with the acceleration of urbanization, relocation housing transactions have gradually become one of the hot spots in the real estate market. However, due to the special nature of relocated housing, it is not uncommon for sellers to break the contract during the transaction process. This article will analyze the common reasons why sellers of relocation houses break the contract, countermeasures and related cases from a legal perspective to help buyers protect their own rights and interests.
1. Common reasons why sellers of relocation houses break the contract
There are various reasons for sellers of relocation houses to break the contract. The following are some common situations:
| Reason | Proportion | Typical cases |
|---|---|---|
| Home prices rise, sellers remorse | 45% | In a Shanghai relocation house transaction, the seller refused to transfer the ownership due to rising house prices. |
| Property rights disputes | 30% | The transaction of a relocated house in Beijing failed due to the disagreement of the co-owners. |
| policy restrictions | 15% | A relocated house in Guangzhou was restricted from transferring ownership because it had not expired. |
| other reasons | 10% | Including family conflicts, debt disputes, etc. |
2. Legal consequences of the relocation house seller breaking the contract
According to the relevant provisions of the Civil Code of the People's Republic of China, the seller shall bear the following legal liabilities for breach of contract:
| Legal terms | Responsibility content |
|---|---|
| Article 577 of the Civil Code | Continue to perform contractual obligations |
| Article 584 of the Civil Code | Compensate the buyer for losses |
| Article 585 of the Civil Code | Pay liquidated damages |
3. Countermeasures for home buyers
If the seller of a relocation house breaks the contract, the buyer can take the following measures:
1.Resolve through negotiation: First try to communicate with the seller, clarify the contract terms, and strive for a peaceful solution.
2.collect evidence: Keep key evidence such as home purchase contracts, payment vouchers, and communication records.
3.legal approach: When negotiations are fruitless, you can file a lawsuit in court to request continued performance of the contract or compensation for losses.
4.Apply for property preservation: In order to prevent the seller from transferring the property, the seller can apply to the court for property preservation measures.
4. Typical case analysis
| Case | Judgment | Amount of compensation |
|---|---|---|
| 2023 Hangzhou relocation housing dispute case | The seller continues to perform the contract | None |
| 2022 Shenzhen relocation housing breach case | The seller compensates the buyer 300,000 yuan | 300,000 |
| 2021 Chengdu Shared Property Rights Dispute Case | The contract is invalid and the deposit will be refunded | Double deposit |
5. Suggestions on preventive measures
In order to avoid the risks of relocated housing transactions, it is recommended that home buyers:
1.Verify title: Before the transaction, confirm that the property rights of the house are clear and there are no disputes between co-owners.
2.Understand the policy: Familiar with local relocation housing transaction policies, especially regulations such as sales restrictions.
3.perfect contract: Sign a detailed house purchase contract to clarify liability for breach of contract and compensation standards.
4.Fund supervision: Transactions are conducted through third-party fund supervision accounts to reduce risks.
6. Latest policy developments
According to hot topics and policy changes in the past 10 days, many places have strengthened supervision of relocated housing transactions:
| area | new policy | Implementation time |
|---|---|---|
| Shanghai | The sales restriction period for relocated housing is extended to 5 years | October 2023 |
| Beijing | Establish a record-keeping system for relocation housing transactions | November 2023 |
| Guangzhou City | Strengthen the registration and review of relocation property rights | September 2023 |
In short, when faced with the situation where the seller of a relocated house breaks the contract, the buyer should remain calm and safeguard their rights in accordance with the law. At the same time, be fully prepared before trading to reduce trading risks as much as possible. If you encounter complex situations, it is recommended to consult a professional lawyer in time to obtain legal support.
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