First, Keywords: second-hand housing, replacement, legal risks

In life, with the continuous improvement of income level, the previously bought "garage" feels increasingly unable to meet the needs of life, and more and more people want to change to a new house. Because this kind of virtual replacement of houses by selling old ones and buying new ones involves at least two housing sales contracts, it is commonly known as serial sales. In serial transactions, there is often a problem in the performance of one sales contract, which will lead to a chain reaction of other sales contracts. Therefore, it is easy to cause disputes in the serial sale of houses. So how to control risks when replacing second-hand houses?

Second, understand the main points of the law

1. Understanding the Relativity of Contracts Article 465 of the Civil Code stipulates that a legally established contract is legally binding only on the parties, unless otherwise stipulated by law. The principle of relativity of a contract means that the validity of a contract is limited to the parties to the contract and does not have effect on a third party except the parties to the contract. Therefore, the liability for breach of contract generally only occurs between the parties to the contract. People outside the contractual relationship are not liable for breach of contract, and neither are the parties to the contract. In the replacement of second-hand houses, once the previous breach of contract leads to the inability to pay the house price to the seller, at this time, I can only claim the liability for breach of contract with my previous hand, but I can't claim exemption from the seller on this ground.

2, understand the independence of the contract

Article 593 of the Civil Code stipulates that if one party breaches the contract for the reason of a third party, it shall be liable to the other party for breach of contract. Therefore, two or more transactions involved in a continuous transaction, although the parties involved in each transaction are related, belong to different contracts. Based on the relativity of contracts, the legal relationship of housing sales contracts involved in each single housing sale is independent of each other, and the performance or dissolution of each contract is not necessarily related, so it should be resolved within the framework of their respective contracts. Unless otherwise agreed by both parties, several contracts should not be confused.

3. Once the application for "extension" to adjust the liquidated damages constitutes a breach of contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. However, the liquidated damages are not unadjustable. According to the application of the parties, the judicial organ may reduce or increase the actual losses. See Push Forward for details.

4. Use "conditional" contracts to avoid risks. The so-called conditional housing sales contract refers to the fact that the parties specifically agree on certain conditions in the housing sales contract, and whether the conditions are met or not determines the occurrence or elimination of the effectiveness of the contract. The conditions mentioned here must be future, uncertain, agreed by the parties rather than legal, contract facts, and shall not conflict with the contract. In the replacement of second-hand houses, we can also make full use of conditional contracts to avoid our own risks as much as possible. For example, the two sides agreed that the sale contract of "going to the garage" can only take effect after the buyer successfully sells his house. After such an agreement, if the buyer can't pay the purchase price because he can't sell the house, he doesn't need to bear the liability for breach of contract to the seller.