How to terminate the down payment contract for house sale?

Circumstances leading to the invalidity, cancellation and dissolution of the contract:

1. After the conclusion of the commercial housing sales contract, if the seller fails to inform the buyer that the house has been mortgaged to a third party, and thus the purpose of the commercial housing sales contract cannot be achieved, the buyer who cannot obtain the house can request to terminate the contract and ask the real estate company to return the purchase price, pay corresponding interest and compensate for the losses.

2. If the seller intentionally conceals the fact that he has not obtained the Commodity House Pre-sale Permit or provides a false Commodity House Pre-sale Permit when concluding the commercial house sales contract, the buyer may, according to Article 52 of the People's Republic of China (PRC) Contract Law, take the violation of mandatory provisions of laws and administrative regulations as an excuse.

3. When the seller concluded the commercial housing sales contract, he deliberately concealed the fact that the house he sold had been mortgaged. The buyer may, according to the provisions of China's contract law, apply to the court to confirm that the contract is invalid or cancel the contract, and ask the real estate company to return the purchase price, pay the corresponding interest and compensate for the losses.

Extended data:

A house sales contract is a civil juristic act and shall meet the following conditions:

1. The parties to a contract must have the subject qualification. Both buyers and sellers of houses should be qualified to exercise their rights and assume obligations according to their own actions.

(1) General subject requirements. According to the General Principles of Civil Law, buyers and sellers of houses should have full capacity for civil conduct. The behavior of buying and selling houses is complex, involving a large number of subject matter.

The law generally prohibits restricting the participation of persons without civil capacity or persons without civil capacity, and the signed house sales contract is invalid unless it is approved by the legal representative in advance or ratified by the legal representative afterwards.

(2) Thematic requirements. In order to maintain the order of housing transactions, the current laws and policies set certain conditions and restrictions on the parties to housing transactions, which must meet specific requirements.

At present, in the sale of commercial housing, real estate development enterprises, as housing sellers, must have legal person business license, qualification certificate, land use right certificate, land use approval, planning permit, construction permit and so on.

In the pre-sale of commercial housing, in addition to the above conditions, the pre-seller shall also hold a pre-sale permit and determine the construction progress and delivery date. If the seller of commercial housing violates the above requirements, it will be deemed as ineligible to sign a house sales contract.

The contract shall be declared null and void and the losses suffered by the buyer shall be compensated. In addition, only urban low-income families confirmed by the government are eligible to buy affordable housing.

Only the employees of this unit meet the main qualification and have the right to buy their own office buildings, and the organs, schools and troops meet the main qualification and have the right to buy private houses in cities and towns after approval.

2. The parties of the house buyer and seller shall be true. According to the current laws and regulations and relevant judicial interpretations, civil juristic acts should be the result of the true intention of the parties.

Housing sales can only be carried out on the basis of voluntariness and equality, and the interests of both parties can be truly realized. Therefore, because of fraud, coercion, taking advantage of others' danger, having no right to act as an agent, and covering up illegal purposes in a legal form, a house sale contract that harms the public interest is signed.

It is not the true intention of the buyer and the seller, and is considered invalid in principle. The purchase and sale of houses in obviously unfair signed due to major misunderstanding is also a civil act that can be changed or revoked.

Invalid or cancelled housing sales contracts have no legal effect, and the parties have the right not to perform them. If part of the house sales contract is invalid and does not affect the legal effect of other parts, the other parts are still valid.

3, the sale of housing shall not violate policies, laws and regulations and social interests. The purchase and sale of houses shall conform to the real estate policy, abide by the mandatory provisions of laws and regulations, and shall not harm public interests and violate public morality.

Otherwise, the house buying and selling behavior is invalid. For example, in the activities of buying and selling houses, Chinese laws and regulations clearly stipulate that buyers and sellers of houses are not allowed to buy and sell land, not to conceal the price of buying and selling houses, and not to buy and sell demolished houses.

Baidu Encyclopedia-House Sales Contract