Lao Wang and Xiao Li signed the house sales contract under the intermediary, and they agreed that Xiao Li should complete all the existing household registration procedures related to the house within 5 days after the real estate transfer registration. If Xiao Li did not truthfully state the household registration situation, or moved into the household registration without authorization, or did not move out the household registration as scheduled, It is necessary to pay a penalty of five of ten thousand to Lao Wang according to the daily calculation of the total housing price, and still has the obligation to move out of the household registration.
After buying the house, Wang found that the registered residence of Xiao Li’s ex-wife was still in the house, so he asked Xiao Li to move out of the registered residence and pay the penalty for breach of contract. “My hukou has already been moved,” said Li. “I don’t know that my ex-wife’s hukou is still in the house, and you have no actual loss. How can you make me pay so much for breach of contract?” Lao wang thinks, when signing a contract, but did not say the registered permanent residence of others still exists in the house, this has registered permanent residence and the house price that do not have registered permanent residence can be different many, I must Sue to go.
Can the buyer ask the court to order the seller to move out of the house
The Civil Procedure Law stipulates the scope of competence of the people’s courts, that is, the people’s courts accept and handle civil actions brought between citizens, legal persons, other organizations and between them in relation to property or personal relations. However, the issue of household registration transfer is not within the scope of civil cases accepted by the court, so in this case, Lao Wang cannot Sue the court to order Xiao Li to move out the household registration in the house, and the court will not handle the lawsuit request of Lao Wang to move out the household registration.
Is the account of others still in the seller calculate breach of contract
Lao Wang and Xiao Li have clearly agreed on the relevant rights and obligations of household registration transfer in the house sales contract. Xiao Li should move out all household registration in the house within 5 days after handling the house transfer procedures. According to the facts found out, Xiao Li should have known that his ex-wife’s household registration was still in the house involved, but he failed to fulfill the obligation of telling the truth and failed to fulfill the agreement of both sides on the household registration. Even if Xiao Li has moved his household registration, but still constitute a breach of contract, should assume the liability for breach of contract.
Sellers did not move out of the account according to the agreement what liability for breach of contract should assume
Article 577 of the Civil Code states: “If a party fails to perform its contractual obligations or rendered non-conforming performance, it shall be liable for breach of contract by continuing to perform, taking remedial measures or paying damages, etc.” At the time of signing a contract, the parties may agree that if one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party in light of the circumstances of the breach, and may also agree on the method for calculating the amount of compensation for the loss resulting from the breach. Where the agreed liquidated damages are excessively higher than the losses resulting therefrom, the parties may request the people’s court to reduce them appropriately. Advocate for xiao li Lao wang in this case, therefore, be liable for breach of contract, xiao li think penalty due to breach of contract is too high for a reduction, the court will take into account the execution of the contract, not out of residence building caused by impact, extent of the fault of the parties and xiao li’s default behavior, etc., to make adjustments based on breach of contract, reasonably determine the amount of liquidated damages.