Selling a house must be seen: what should the seller do if the buyer defaults?

From looking at the house, choosing the house, signing the contract to handing over the house, all these links need to go through complicated procedures and spend a lot of time, so it is nothing strange whether the buyer defaults or the seller defaults. However, everyone has heard a lot about the question "What should the buyer do if the seller breaches the contract". Today, I will tell you about "what should the seller do if the buyer defaults".

If the buyer fails to pay in time, the seller will notify the termination of the contract by SMS.

Huang has a property in jimei district, Xiamen, which was sold to Xu through an intermediary company on June 20 15. Both parties agree that the total house price is1560,000 yuan, and the first payment will be made in April 20 15. However, on the day of signing the contract, Xu had to pay a deposit of 80,000 yuan to Huang. In addition, if either party breaks the contract halfway, it needs to notify the intermediary company in writing. If either party fails to perform the contract for more than ten days, the observant party has the right to terminate the contract.

However, when April arrived, Xu did not pay the down payment according to the agreed date. Until the end of April, Huang, who couldn't wait, sent a notice of termination of the contract to Xu's spouse's company business mobile phone number through someone else's mobile phone, and soon sold the property to others. Xu, who knows the facts, thinks that it is a breach of contract for Huang to sell the property to others without authorization, while Huang thinks that Xu has failed to pay the down payment within the time limit and defaulted first, so he will bring the two people in dispute to court.

After trial by the court, Huang failed to inform the intermediary company in writing of the decision to terminate the contract as agreed in the contract, which constituted a breach of contract, while Xu failed to pay the house price on time as agreed in the contract, which also constituted a breach of contract. According to the principle of fault offset, the house sales contract between the two parties is terminated, and the seller returns the original deposit to the buyer.

What should the seller do if the buyer defaults?

Huang did not take the form of written notice, but sent a notice of termination of the contract by SMS, which was careless and caused a breach of contract. But in the end, Xu was the first to breach the contract. What should the seller do if the buyer breaches the contract?

First of all, there are three main situations in which the buyer breaches the contract. One is that in the process of real estate transaction, the house tends to depreciate, which will lead buyers to give up the deposit instead of continuing to buy a house; The other is that when the seller does not have enough funds to pay off the bank loan and the buyer needs to go through the formalities of foreclosure, the buyer may be unwilling to continue buying a house because of the complicated procedures in this process; There is also a breach of contract caused by not paying the house payment on the date agreed in the contract.

If the buyer breaches the contract, the seller may bring a lawsuit to the court, requiring the buyer to bear the liability for breach of contract and continue the transaction according to the contract requirements. Of course, you can also directly ask the other party to pay a certain amount or a certain standard of liquidated damages according to the breach of contract.

(The above answers were published on 20 17-02- 10. Please refer to the current actual purchase policy. )

Click to receive the red envelope for viewing the house, and directly receive 100 yuan in cash.