When some shops sell high-value products such as jewelry, cars and houses, they first accept the buyer's deposit, and later regret it, thinking that the selling price is too low and want to get it back and sell it at a good price. So, is it okay to accept the buyer's deposit and not want to sell it? Let me show you the relevant knowledge.

I took the buyer's deposit and don't want to sell it, okay?

You can negotiate with the buyer for breach of contract, pay liquidated damages, terminate the contract, refund the deposit, or double the deposit, but you can't ask for payment of liquidated damages.

Countermeasures for Seller's Default in Second-hand Housing Transaction

1. For refusing to sign the intermediary agreement and refusing to accept the deposit:

If the seller is listed for sale in the intermediary, according to the general operation process of the intermediary, the intermediary will first ask the buyer to sign an intermediary agreement. Because the intermediary agreement is only signed by the buyer, the intermediary agreement has not yet been established, even if the seller does not sign, it will not bear any legal responsibility. The intermediary should adopt the reverse operation method, that is, after the main contents of the intermediary agreement are determined, it should be signed by the seller first and then by the buyer.

Although the seller signed an intermediary agreement, he refused to accept the deposit after the house price rose. Usually, the intermediary agreement stipulates that the intentional payment can only be converted into a deposit after the seller signs for it. Therefore, if the seller does not sign for it, the intentional payment will not become a deposit, and the seller will not be punished for breach of contract. In addition to the reverse operation mode mentioned above, the intermediary should also require the seller to authorize the intermediary to collect the deposit and keep it on its behalf in the intermediary agreement. In this way, the intermediary receives the deposit, which means that the seller receives the deposit, and the seller will bear the liquidated damages for the deposit if it defaults.

2. Double deposit after signing the intermediary agreement.

Usually, the intermediary agreement stipulates that if the party who collects the deposit defaults, it shall double the deposit; If the party who pays the deposit defaults, the deposit will be lost. Although the landlord signed the intermediary agreement, but also received a deposit, if the house price rose a lot, even if it doubled, it could still make money, so the landlord would rather double the deposit than continue to perform the contract.

In the sale of second-hand houses, more than 90% of the intermediary agreements clearly stipulate the main contents of the sales contract. Although the official text of the sales contract has not been signed for the record, the two parties have established the relationship of the sales contract by signing an intermediary agreement, not just an "appointment contract" for concluding the sales contract. In this case, the landlord can't just double the down payment and have the right to terminate the contract. The buyer can claim the difference loss from the landlord, that is, he can ask the landlord to compensate the buyer for the loss caused by the rising house price.

3. Refuse to sign a sales contract after signing an intermediary agreement.

After the signing of the intermediary agreement, the landlord may find some reasons to refuse to sign the sales contract. These reasons are usually:

(1) The signer of the intermediary agreement did not get the consent of the landlord. If the house property belongs to the daughter or wife, but the person who signed the intermediary agreement is the father or the husband, because the signatory is not the property owner, the landlord claims that the intermediary agreement is invalid and demands a refund.

(2) The landlord has not obtained the property right of the house when signing the intermediary agreement, so the landlord thinks that the contract signed without obtaining the property right is invalid and demands a refund.

If there is evidence that the contractor has the authorization of the property owner, for example, the property owner has been listed in the intermediary office, or signed a letter of confirmation, power of attorney and other documents, then the intermediary agreement is still valid. If there is no evidence to prove it, then the buyer can ask the contractor to bear the responsibility for contracting fault and compensate the buyer for the losses.

If the landlord buys an auction house or auction house, or has signed a sales contract with others but the real estate license is still being processed, then even if the landlord has not obtained the real estate license when selling the house, the contract is still valid. However, if the property right of the house for sale (such as illegal building) cannot be obtained, or the property right belongs to others, the contract is invalid. According to the law, the invalid contract should be compensated by the wrong party, and the buyer has the right to ask the landlord to compensate for the economic losses.

4. After signing the house purchase contract, the landlord refused to transfer.

The landlord will not explicitly refuse to handle the transfer transaction procedures, but may find some excuses to postpone the transfer time. After the buyer agreed to postpone the transfer, the specific transfer time was uncertain, and finally it was written that the contract was cancelled because the buyer failed to transfer the ownership on time. In this case, the buyer must promptly issue a written reminder to ask the landlord to sign the contract at the agreed time. If an extension is agreed, a specific time limit shall be agreed upon. The written reminder shall also be copied to the intermediary agency. The buyer shall try not to delay the extension. If it is postponed, the written consent of the landlord must be obtained, otherwise the court may find that it is in breach of contract due to insufficient evidence.