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prices rises have exceeded the total amount of gold for breach of contract." Yi Yucheng lawyer said, according to the current more common purchase contract, the maximum penalty is two times the deposit or prepayment 20% of the price of housing,nike air max, skyrocketing housing prices in more than 30% of cases, even if defaults,scarpe nike air max, the seller is still profitable. "Secondly, buyers of high cost of rights,nike sito ufficiale, litigation uncertainty is one of the reasons." Zhangmao Rong said that in addition to "double the return of the deposit" is the law, mostly under the contract "defaulting party to pay liquidated damages of 20% ad valorem "it is difficult to guarantee," when the court decision, it is possible to reduce the proportion of liquidated damages. "while buyers lost during this period is also important, such as the appreciation of the difference between the face again after the purchase of housing prices, it is difficult to proof. Mandatory deposit transfer risk concerns All these factors led to the seller breach behavior difficult constraints,nike free run 3.0, should buyers do nothing? Zhangmao Rong said that under the penalty is insufficient to compensate for the loss of housing prices, the buyer can sue to force the transaction, as the case; the court decision forced the transaction, the buyer can still apply for mortgage loans without one-time payment; delay in fulfilling the contract breach gold prosecute the owners forced transaction,air jordan milano, it is also possible to require owners to bear the penalty during the proceedings; in line with tax relief.
the total price of 5.1 million yuan,nike air jordan, and paid 250,000 yuan deposit. In order to buy this real estate, Ms. Gao cheap housing for sale their unique and only cobble together a down payment funding from friends and family. Ms. Gao and the seller had agreed on March 30 to the bank for financial supervision, but the former sea concept,nike air jordan, the real estate suddenly rose to 7.1 million yuan, sellers began to buck various reasons, even play disappear. In this case, since, according to the contract signed by both parties, the seller of default to pay double the deposit or 20% of the house price as compensation,nike air max italia, but the seller is willing to pay only three-month deposit interest, and even threatened to "not afraid to sue lawsuit consume two or three years, house prices rose more you can not afford housing. " Indeed the case, Ms. Gao previously sold the house has gone up nearly 100 million. In fact, many owners are not worried about breaking the contract. Miss Li early April this year signed a new area of 51 square meters located in Longhua small two-bedroom, total trade of 150 million, has now risen to 2.1 million. Sellers watching house prices rise, has been reluctant to ransom floor, it was delayed until the end of May only say sell. "I asked the seller how much added value can be sold,air max outlet, he would not sell." Miss Li said with exasperation. Currently, Miss Li has resorted to legal means. But if 20% of housing transactions in accordance with the calculation of the total price, she can only get 300,000 yuan in compensation, but this house has gone up by 60 million. Reflection seller default costs low Skyrocketing housing prices, the surge in the sale of housing disputes. Statistics Shenzhen Longgang District People's Court show,nike air max italia, "3.30" New Deal so far, the number of cases related to the hospital accepted nearly doubled. Other court cases are almost all the same. Zhang Maorong lawyer also said that since the end of April,basket louboutin, the number of housing disputes lawyers received to the seller of default based than in previous years increased by more than 10 times. "The fundamental reason is that sellers breach of default cost is too low.
more than the total amount received last year. Difficulties buyers and sellers all feel loss "Objectively speaking, the market volatility so much,nike air force, really hurt the buyers, but also hurt the wards of the seller. Opinion should not be groundless accusations of breach of contract owners,nike air max online, many owners sell the old house is to buy a better house." Said Zhang Maorong that I once met a man take two contracts case,nike air max outlet, as the seller, who wanted to interrupt the sale, as the buyer, who also want a smooth turnover of contract. Due to an increase in family members, Ms. Gao before this year saw a sea area of 137 square meters of housing,air jordan donna, in January this year,christian louboutin soldes, signed a purchase contract with the seller.
the owners apply for a waiver of the obligation. Zhangmao Rong said that behavior is also important to prevent the breach of contract. "On one hand, the deposit amount should be increased to improve the default costs, and improve the terms of the contract, to prevent the agreement is unknown. In addition, it should be cut off the pretext of breach of contract, to ensure that the contract is valid, shorten transaction time limit to complete the transfer as soon as possible." However, Zhang Maorong said divestitures, there are many uncertainties, the buyer rights will be very costly,air jordan 4, too risky. "For example, the seller has not yet paid off the mortgage, if the seller does not fit, can not be enforced." Zhang Maorong appeal to the judiciary at the time ruled that the right to freedom, to give full attention to market changes, "some contractual penalty for the house price 20 %,nike air jordan, but only to 10% of the relevant judgment. Judiciary knowingly market prices have been skyrocketing, this judgment somewhat divorced from reality.
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发表于 2015-8-10 08:29:04
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