What are the common disputes in second-hand housing transactions in Hangzhou? How to avoid disputes

"1, the house price suddenly rose, and the seller would rather break the contract than pay the deposit.

Legal advice: before signing a formal contract, the next home usually has to pay a deposit first. The purpose of the deposit is to ensure that both parties sign a formal contract. In this case, if only asking the seller to double the deposit can't make up for the buyer's loss, at this time, the buyer can ask the court to continue to perform the house transfer, or ask the seller to compensate for the rising price difference of the house.

2. If you pay a deposit (intention money), if you don't want to buy a house.

Legal opinion: There are two main situations.

First, when the buyer delivered the intention money to the intermediary company, the intermediary company did not ask the buyer to sign the deposit contract, but only showed the receipt of the sincerity money, so the sincerity money at this time was equivalent to the "deposit". As long as the sales contract is not finally reached, the earnest money should be returned.

Second, if the intermediary company clearly stipulates in the "deposit contract": "Once the seller agrees to the buyer's conditions and collects the deposit, the deposit will be converted into the deposit." If there is such an agreement, then the deposit at this time is equivalent to the "deposit". When the buyer refuses to sign the contract without justifiable reasons, the buyer can't ask for a return.

3. The Seller's late delivery

Legal opinion: Except for some special reasons, such as the buyer fails to pay the final payment, the seller must deliver the house to the buyer in time according to the contract. If the seller vacates the house within the time limit, the buyer may claim the liability for breach of contract from the seller according to the contract, and may also claim compensation for the increased rental fee due to the late delivery.

4. The seller fails to handle the transfer formalities within the time limit.

Legal advice: In the special period when the house price is soaring rapidly, some sellers will not hesitate to breach the contract and try to break the original sales contract by delaying the transfer time and not cooperating with the transfer procedures. In this case, the buyer can sue the other party in time and apply for property preservation. ""(1) The lack of honesty between the buyer and the seller and the concealment of true information lead to disputes.

In order to facilitate the transaction, the parties often conceal real information, such as housing quality problems, living environment problems and so on. After signing the contract, the other party found out and filed a lawsuit. In this regard, property buyers can understand the situation from the property, neighbors and developers before buying a house, and it is best to go to the scene to see the house and make an agreement on how to bear the possible quality problems.

(2) The unreasonable housing property registration system makes it difficult to find the owner of the house and leads people to file a lawsuit.

The current housing property registration system only registers one owner. During the transaction, it is difficult for the other party to find * * * people. After the transaction, it is often the wife or other people who file a lawsuit to claim that the sales contract is invalid. In this regard, when signing a contract, you can ask the other party to provide proof to ensure the right to dispose of it or the proof that other people, such as husband and wife, agree to dispose of it. ""1, general quality problem. General quality problems include cracks, peeling, hollowing, water leakage and electric leakage.

2. The house quality is unqualified.

3. Deferred delivery. If the seller delays the delivery of the house and fails to perform it within a reasonable period of three months after being urged, the buyer may request to terminate the contract and require the seller to bear the liabilities for breach of contract such as paying liquidated damages and compensating losses, unless otherwise agreed by the parties.

4. Supporting facilities are delayed or cannot be delivered. Supporting infrastructure includes water, electricity, gas, heating, communication, cable and broadband. Supporting public facilities include parking lots, sports grounds, swimming pools, roads, gardens, greening, hospitals, schools, supermarkets, clubs and other infrastructure.

5. The decoration and equipment are inconsistent.

6. Incomplete information about the house.

7. The house has other rights or property rights defects.

8. Planning and design changes.

9. Early property disputes.

10, tax payment dispute. The seller often takes the payment or collection of relevant taxes as the delivery condition, while the buyer holds the opposite opinion. ""Second-hand housing transactions have high taxes and fees, and the question of who should bear the taxes and fees often leads to disputes. According to the market rules, the seller generally adopts the net price, and the taxes and fees arising from the transfer shall be borne by the buyer.

Second-hand housing transaction disputes are mainly reflected in the tax burden, which can be clearly stipulated in the contract, net price or net bidding; Disputes about the time of vacating a room can be avoided by paying a deposit.

Second-hand housing transfer requires buyers and sellers to sign a sales contract with the Housing Authority with their ID cards, household registration books, marriage certificates, real estate sites, land use certificates or real estate licenses, then pay deed tax in local taxes, and finally complete the transfer in the real estate registration center.

""deposit disputes are the most common, and there are usually the following situations.

1. One of the buyers and sellers breaches the contract and causes disputes.

After paying the deposit, the buyer may not be able to perform the deposit contract for some reasons, resulting in breach of contract, and the seller may also find that the house price has risen and is unwilling to sell the house after accepting the deposit, resulting in breach of contract. At this point, the party paying the deposit does not perform the agreed debt and has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.

2. Failing to pay the deposit as agreed in the contract causes disputes.

After the parties determine the terms and amount of the deposit, the deposit contract does not take effect immediately, because the effective time of the contract is based on the time when the parties actually pay the deposit, and disputes are prone to occur during this period. Once this happens, even if the buyer doesn't pay the deposit, the deposit contract can't be enforced, and the buyer can't bear the responsibility for contracting negligence because the deposit contract doesn't take effect.

3. Disputes arising from partial performance of the contract.

Sometimes, buyers and sellers will partially fail to perform the contract. At this point, their unfulfilled part is still within the scope of guarantee, and the effectiveness of the deposit is still binding on them, so the penalty of deposit is also applicable. That is to say, when one of the buyers and sellers fails to fully perform the contractual debts, the down payment penalty shall be implemented according to the proportion of the unfulfilled part in the whole contract.

4. Disputes caused by delayed performance of the contract or other breach of contract.

In real life, the buyer or seller may delay the performance of the contract. Usually this kind of delay will have an impact on the other party and cause disputes. Therefore, if one party delays the performance of the contract, it shall apply the deposit penalty in proportion to the delayed performance.

5. The actual deposit amount is inconsistent with the agreed amount, causing disputes.

After the signing of the deposit contract, the amount of deposit paid by the buyer may be less than or more than the actual amount payable, which can be regarded as a change of the deposit contract. If the seller disagrees and refuses to accept the deposit, then the deposit contract will be deemed invalid and both parties can negotiate and communicate again.

6. Failure to reach an agreement on the contents of the contract leads to disputes.

After the deposit is paid, both parties cannot reach an agreement on other contents besides the deposit contract, which are closely related to the performance of the contract. At this time, the buyer may request to terminate the deposit contract, and the seller shall return the deposit, but not double the compensation.

7. The deposit is not paid to the seller, causing disputes.

After the buyer pays the deposit, the deposit is not given to the seller, but to the intermediary for safekeeping according to the deposit contract or intermediary agreement, but some unscrupulous intermediaries may swallow the deposit themselves, thus causing disputes between buyers and sellers. In fact, as long as the deposit contract stipulates that the deposit will be kept by the intermediary, the deposit contract will take effect when the intermediary accepts the deposit, and the seller cannot refuse to perform the contract on the grounds that he has not received the deposit. "

The above contents are for reference only, I hope I can help you. Thank you for your support to Kanfangwang. I wish you a happy purchase!