What if the actual delivery is inconsistent with the agreement?

What if the actual delivery is inconsistent with the agreement?

First, keywords: second-hand housing, sale, delivery, breach of contract

Buying a house is a big deal for many families. The original state of the house When choosing a house, the decoration, furniture and household appliances of the house will not only affect the buyer's first impression of the house, but also affect the final price of the house. After careful selection and many negotiations, the contract was finally signed. Seeing that the contract was about to be fulfilled, I got the house I had long wanted, but I was caught off guard by the state of the house when I handed it over. Then, when buying a second-hand house, what should I do if the actual delivery does not match the agreement?

Second, the main points of understanding the law:

1. Attach importance to the contents of the annex to the contract. According to Article 465 of the Civil Code, a legally established contract is legally binding only on the parties, unless otherwise stipulated by law. In the second-hand housing sales contracts provided by several major intermediaries, the state of the seller when handing over the house is generally stipulated in the annex to the contract. In practice, many buyers only pay attention to the house price, area and delivery time, but often ignore the agreement on the delivery status of the house, which leads to disputes and cannot be rationally reasoned. In order to nip in the bud, when buying a commercial house, we must pay attention to the contents about the quality of the house in the annex to the contract, especially if the furniture, household appliances and ancillary facilities in the house are included in the transaction scope, we should clearly and specifically stipulate the types, brands, materials, colors and even sizes of the furniture and household appliances in the transaction list as annexes to the contract to avoid unnecessary disputes. 、

2. Pay attention to evidence retention. There are many procedures for buying and selling houses, and sometimes the time span is very long. Therefore, we should pay attention to retaining relevant evidence. In the negotiation process, audio and video recording can be adopted if conditions permit. When communicating and negotiating through SMS, WeChat and other electronic tools, we should pay attention to saving the negotiation contents. If both parties reach an agreement through consultation, written contents should be formed in time for both parties to sign and confirm, and relevant evidence can even be fixed by notarization. In practice, we should also pay attention to preserving the status and introduction of the house on the intermediary platform when introducing the house purchased through the intermediary.

3. Carefully reject the house and exercise the right to terminate the contract. After signing the contract, we should actively perform the contract in order to achieve the purpose of the transaction. Although Article 563 of the Civil Code stipulates the legal right to terminate the contract, obtaining this right requires breach of contract, which leads to the failure to achieve the purpose of the contract. In practice, the judiciary often believes that since both buyers and sellers are second-hand houses, unless there is a special agreement, the buyer cannot have strict requirements on the quality of the house. If the house decoration and accompanying furniture and appliances delivered by the seller are different from those agreed to be delivered, but the use of the house is not affected, it is generally not considered that the seller constitutes a fundamental breach of contract. The buyer can choose to continue to perform the contract and take over the house, and at the same time pursue the seller's liability for breach of contract by claiming, repairing and replacing. To make up for the loss, but he can't claim the seller's liability for breach of contract by canceling the contract or overdue delivery. In the case that the buyer has not obtained the right of rescission, once the buyer easily "rescinds" or rejects the house, there may even be a risk of default.