How to deal with the default of second-hand houses?

Compared with first-hand houses, second-hand houses have the advantages of relatively mature supporting facilities, so many people choose second-hand houses when buying houses. However, in the process of second-hand housing transactions, there will always be such and such problems.

Buying and selling houses leads to lawsuits, which is a situation that buyers and owners are unwilling to face at any time. If the house price rises or falls quickly, an extra day's delay means that the cost of buying (selling) a house is rising. What should I do if I unfortunately encounter a second-hand house default?

Lessons from the case of Haizhu District:

Don't be extravagant until the final transfer.

This is a real case that happened on 20 13. The owner of a mansion in Binjiang East sold the house that year, and the house price was close to 10 million. Because the buyer wanted to take over the building as soon as possible, he paid a down payment of more than 20% of the house price after signing the contract online. Unexpectedly, after the buyer invested millions to decorate the mansion, he even learned that the court had sealed up the house, and the owner suggested that the buyer could pay off the debt by paying the money.

Because the buyer felt that the owner had concealed the debt disputes involved in the house, and his integrity was flawed, he was worried that there would be another payment, so he sued the court to cancel the contract, refund the down payment and the decoration expenses incurred, and demanded that the owner compensate for the losses caused by the rise in property prices. Because the single-room lawsuit involves housing evaluation and decoration evaluation, buyers and sellers have different opinions on it. By the end of July, 2065438+2005, the lawsuit was still in the second instance.

According to the judgment of the first instance, the court fully supported the buyer's request. The down payment of more than one million yuan and the decoration payment of nearly one million yuan must be refunded, and the owner still has to pay the difference of more than 700,000 yuan.

Shenzhen Tashan Stone:

House prices have gone up, and many cases of breach of contract have been handled.

/kloc-in July, 2009, Shenzhen Longgang court ruled that the defaulting seller should compensate 20% of the contract house price, which encouraged the defaulting buyer. However, the owner compensated 20% of the liquidated damages, but the house rose by 40%. It seems that the buyer won the case, but in fact the seller still got the benefit of breach of contract. At present, the dispute over the default of the second-hand housing market in Shenzhen is still going on. After the "3 30" New Deal this year, the judgment peak of the crazy default tide in Shenzhen will be around 10.

It is reported that up to now, Shenzhen Intermediate People's Court has entered the litigation stage. As of June, there have been more than 2,000 cases of disputes over second-hand housing sales contracts, while there have been more than 6,000 cases of disputes over second-hand housing in Shenzhen's district courts. Some buyers laughed and said: "It is not us who hate the owners most now, but the judges and related staff of the court. There are more than 6,000 real estate disputes in the city, and each judge has hundreds, which makes judges and assistants work overtime until midnight every day. "

Panyu district case:

The owner sent money to redeem the deed, and the transaction could not be carried out.

20 14, 10 In early October, Mr. and Mrs. Liu bought a second-hand villa in a building on Yingbin Road, Nancun Town, Panyu District with a total transaction price of 3.25 million yuan. The villa was purchased by Ms. Chen on 20 13, with a total price of 2.86 million yuan and a loan of 10 years. When it was sold in June last year at 5438+ 10, Ms. Chen still owed the bank a loan of about 1.92 million yuan.

According to the contract, the transaction procedures must be completed before 20 15 1.30. At the same time, it is stipulated in the contract that Ms. Chen fails to fulfill the obligations stipulated in the contract on time, and pays Mr. Liu a penalty of one thousandth of the transaction price of the property (that is, 3,250 yuan) for each day overdue. After the contract was signed, Mr. and Mrs. Liu readily paid a deposit of 800,000 yuan as agreed in the contract. 20 14 165438+ On the day of online signing and signing the mortgage contract in late 10, Mr. Liu and Mrs. Liu also paid the remaining 950,000 yuan in the first installment.

On February 9, last year, 65438+ Mr. Liu's loan bank issued a loan agreement and agreed to lend 1.5 million yuan. By June of this year, 5438+ 10, Ms. Chen delayed the transaction on the pretext of lack of money, and finally failed to perform the contract. After sending a letter urging Ms. Chen to redeem the title deed and the transfer was invalid, Mr. and Mrs. Liu sued the court on April 2, this year.

On July 14 this year, Panyu Court ruled that Mr. and Mrs. Liu should pay the loan directly to Ms. Chen's loan bank in advance within 5 days after the judgment came into effect. After all the loans were paid off, Ms. Chen and the loan bank assisted Mr. and Mrs. Liu in the mortgage cancellation and transfer procedures. And Ms. Chen should also return to Mr. and Mrs. Liu the money and interest after deducting the remaining house payment in advance; Within five days after the judgment comes into effect, the total price of 3.25 million yuan shall be paid to Mr. and Mrs. Liu as the principal, and from February 2065438+February 1 2005 to the date of property transfer, the liquidated damages shall be paid at the rate of one ten thousandth per day.

Judging from the judgment of the first instance, Ms. Chen should pay at least 575,000 yuan (from February 1 day to July 27th, * * *177th, 3,250 yuan per day). This compensation is more than 390,000 yuan185,000 yuan higher than what Ms. Chen earned by selling the house. If you add the previous housing loan, taxes and fees and the interest to be paid to the Liu couple this time, Ms. Chen suffered heavy losses in this transaction.

In the online signing contract signed by the buyer and the seller, it has been stipulated that the seller can breach the contract, such as anti-price. If the seller has received the down payment, the buyer may require the seller to pay compensation according to double down payment or 10% ~ 20% of the house price. In the actual case of the court, if the seller maliciously breaches the contract after receiving the deposit, it is entirely possible to obtain the court's support for the buyer to claim compensation 10%~20% of the property price as liquidated damages.

Trading tips 1:

The "redemption contract" transaction needs to be careful everywhere.

Panyu District is a foreclosure transaction, which is a high incidence area of second-hand housing default.

There are three kinds of redemption funds, one is that the owners redeem the deeds themselves and then trade; Second, the buyer redeemed the contract in advance, and the funds were paid by the buyer; The third way is that the buyer and the owner have the same contribution to redeem the deed, and the funds are contributed by both parties.

For the buyer, the first one is equivalent to the transaction of the owner's certificate, which has little influence on the safety of his own funds. On the contrary, for the owner, because the contract has been signed before the redemption, and the redemption period depends on the bank, some banks may handle it immediately, and some banks may have to take out the real estate license to cancel the registration on a certain day of the month. For a month and a half. Therefore, for the owner, if the house is not particularly difficult to sell, it is best for the owner to redeem it in advance.

For the second and third cases, the redemption steps should be synchronized with the online signing of second-hand houses. Usually, the trade fair facilitated by the intermediary signs two contracts, one is the initial contract of second-hand housing transaction signed by the intermediary and the buyer and the other is the online contract of second-hand housing signed by the buyer and the seller through the intermediary port. The online signing contract is more effective, which can lock the source of the disk and prevent one room and two sales. The initialling contract and the online signing contract are basically "on paper", but there are indeed many owners and buyers who tacitly quote low prices like Panyu case, and the initialling contract is the most real price. The drafting of the contract will stipulate the amount and source of the redemption contract. If the buyer advances the money, the owner's mortgage passbook and real estate license must be kept by the intermediary, and the owner's online banking and telephone banking need to be cancelled. Only when the bank notifies the transfer to prepay, the customer can transfer the prepayment to the mortgage account to prevent the owner from misappropriating the relevant funds. After the mortgage registration is cancelled, the buyer and the seller shall transfer the documents according to the contract.

Legal tip 2:

20% liquidated damages are expected to be supported by the court.

Judging from the tide of default of second-hand houses in Shenzhen, court decisions have increasingly tended to support buyers to obtain liquidated damages equivalent to 20% of the property price. In the contract, the maximum penalty is 20% of the house price. Under normal circumstances, if the owner only collects the down payment and breaches the contract, the owner is deemed as a common breach of contract, and the buyer may get double indemnity, or liquidated damages equivalent to 10% of the house price. If the buyer's advance payment is involved, and the owner breaches the contract, this behavior can be judged as malicious breach of contract and may be judged by the court as a penalty equivalent to 20% of the house price because it has already involved the buyer's early payment of part or all of the down payment, which has a great impact on the buyer's house purchase plan.

In transactions involving the redemption of advance payment, there may also be cases where liquidated damages are calculated on a daily basis, such as Panyu case. The contract in Panyu case stipulated one thousandth of the liquidated damages. In the draft contract of Guangzhou's three major banks, the penalty due to early payment is as high as five thousandths, but in the model contract of second-hand housing drawn up by the Housing Authority, the penalty due to early payment is five thousandths, and the specific proportion of penalty can be agreed by the buyer and the seller.

(The above answers were published on 20 15-08-07. Please refer to the actual situation for the current purchase policy. )

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