How to sue for housing breach of contract
In recent years, with the fluctuations in the real estate market, disputes over defaults in house sales have occurred frequently. Whether the developer is late in delivering the property or the home buyer refuses to fulfill the contract, legal disputes may arise. This article will provide a detailed explanation of the prosecution process, precautions and relevant legal basis for housing breach of contract to help you protect your own rights and interests.
1. Common types of housing defaults
Housing defaults are usually divided into the following situations:
| Default type | Specific performance |
|---|---|
| Developer defaults | Late delivery, substandard housing quality, unauthorized changes to plans, etc. |
| Home buyer defaults | Refusing to pay the rent, unilaterally terminating the contract, etc. |
| intermediary default | Concealing housing information, false propaganda, etc. |
2. Preparations before prosecution
Before formally filing a lawsuit, the following preparations need to be made:
1.collect evidence: Including the house purchase contract, payment voucher, and evidence of the fact of breach of contract (such as overdue notice, housing quality inspection report, etc.).
2.Resolve through negotiation: Try to negotiate with the other party and keep negotiation records (such as text messages, emails, recordings, etc.).
3.Consult a lawyer: Understand the legal basis and litigation risks, and ensure that the prosecution materials are complete.
3. Prosecution Process
The process of suing for housing breach of contract is as follows:
| steps | Specific content |
|---|---|
| 1. File a complaint | Submit the complaint and evidentiary materials to the court with jurisdiction |
| 2. Court acceptance | The court will decide whether to file the case after reviewing the materials. |
| 3. Hearing in court | Both parties present evidence and cross-examine the evidence, and the court investigates the facts |
| 4. Execution of judgment | After the court makes a judgment, the winner can apply for compulsory execution |
4. Legal basis
The legal basis for housing breach of contract disputes mainly includes:
1."Civil Code of the People's Republic of China": Article 577 stipulates liability for breach of contract, including continued performance, compensation for losses, etc.
2."Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes": Specific provisions are made on breach of contract in the sale of commercial housing.
5. Things to note
1.statute of limitations: The statute of limitations for ordinary contract disputes is 3 years, and the lawsuit must be filed within the statute of limitations.
2.Jurisdictional court: Usually under the jurisdiction of the court where the defendant is located or where the contract is performed.
3.litigation costs: Including litigation fees, attorney fees, etc., the economic costs need to be assessed in advance.
6. Summary
Litigation for housing breach of contract is a complex legal procedure that requires sufficient evidence preparation and understanding of relevant legal provisions. It is recommended to consult a professional lawyer before filing a lawsuit to increase the probability of winning the case. At the same time, resolving disputes through negotiation is also an efficient and low-cost option.
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