How to prevent the payment risk of intentional payment in the sale of second-hand houses
After the intentional deposit is converted into a deposit, if either party breaches the contract or the intermediary "one room and two offices" breaches the contract, it shall bear the liability for compensation stipulated in the contract or by law. The reason for the refund of intentional payment is that in today's second-hand housing market, the last one is basically to entrust a number of intermediary companies to sell houses. Therefore, when the intermediary company is clear about the buying and selling intention of the next home, it will try its best to ask the next home to hand in a purchase intention before signing a house sales contract. The intermediary company can only obtain the original two certificates of the owner's house after paying the intention money to the owner. However, after signing the letter of intent to buy a house or delivering the intention money, if the transaction between the buyer and the seller is unsuccessful for various reasons, the intermediary and the upper and lower parties will often have disputes over the return of the intention money. When will the intention money be converted into a deposit? In practice, when the negotiation between the buyer and the seller is successful and the last one receives the intention money transferred by the intermediary, the intention money will be converted into a deposit. Before the negotiation is successful, both families have the right to unilaterally terminate the entrustment of the intermediary, so the intention money should be returned. However, if the upper and lower families cancel the entrustment and cause damage to the intermediary, they shall be liable for compensation. The success of bargaining depends on the agreement between the buyer and the seller on the main terms of sale. In practice, it is generally manifested in the signing of the letter of intent signed by the seller and the intermediary or the collection of the intentional payment. What should I do after the intention money is converted into a deposit? Under normal circumstances, if the intention money is converted into a deposit. If the next home fails to buy a house, the intention money will not be refunded; If the last family can't sell the house, it will be returned to the next family in double according to the "down payment penalty". However, if the "Letter of Intent to Purchase a House" only briefly stipulates the purchase price and housing conditions, then when signing the house sales contract, the upper and lower families disagree on the payment time, payment method, house delivery, transfer registration and other major terms, resulting in the final failure to sign the sales contract. There is no breach of contract between the upper and lower households, and the failure of the transaction cannot be attributed to either party. That is to say, there is no breach of contract, then the guarantee relationship after the intention money is converted into a deposit will be lifted, that is, the intention money will be returned. How to avoid the risk of intentional payment 1 When paying or accepting intentional payment, families should consider the contents of the sales contract in advance and sign a written agreement. Generally speaking, the agreement on intentional payment should be clear about the following points: the basic situation of the house, the way to determine the house price and total price, the payment method and time, the conditions and date of house delivery, the time limit for the registration of house property rights transfer, and the handling method of intentional payment when the sales contract is not signed. 2. Under the mode of "transferring money from intention to deposit", the family has never met directly and signed a written agreement. For the next home, only sign an agreement with the intermediary, and the intention money will be collected by the intermediary company; For the last one, generally only an agreement is signed with the intermediary, and the receipt issued after receiving the intention payment from the next one is also given to the intermediary. In this case, if you can't sign a formal contract, the next family should not easily agree with the intermediary's "the last family doesn't agree to sell the house, you take the intention money away." Suggestion, because at this time, the next family can ask the last family to double the intention money. 3. In the current booming second-hand housing transaction, the intermediary tends to go to the next home in the conflict of interest, and the role of the intermediary in the next home booking and intentional payment is not clear. In the agreement signed with the next family, the intermediary actually only has the obligation to transfer the intentional payment.