-
Priority as agreed in the contract: whether the return of compensation includes the deposit shall be subject to the contract, and if there are detailed provisions on liability for breach of contract and amount, the contract shall prevail; If there is no clear provision, it shall be handled in accordance with the law, and the general upper limit is 30%. If both parties have faults, they shall be liable in proportion to their faults. The liquidated damages can be adjusted, and can be increased by the court or arbitration institution if it is lower than the actual loss. If the agreement is too high, evidence explanation shall be provided, and the fine will be reduced as appropriate.
#Contract affairs
942 readings
-
The liquidated damages shall be paid in accordance with the contract, and the contract terms that specify the liability for breach of contract shall prevail. The maximum limit is the percentage agreed in the contract (usually not more than 30%). If there is no agreement, it shall be handled according to law. The fault of both parties shall be shared as fault. If there is a large gap between the penalty and the loss, it will be adjusted according to the actual situation. If it is too high or too low, it can be adjusted through negotiation.
#Contract affairs
1315 readings
-
The payment of liquidated damages shall be in accordance with the house purchase contract, and the contract shall be executed if there is a clear liability for breach of contract and the amount; If there is no provision, refer to the laws and regulations, and the general liquidated damages shall not exceed 30% of the compensation amount. If both parties are at fault, the liability shall be determined according to the degree of fault. If the contract penalty is inconsistent with the actual loss, it can be appealed and adjusted according to law. If it is too high or too low, it can be applied for reduction or increase.
#Contract affairs
1449 readings
-
Waiver of the claim is equivalent to breach of contract, and the developer must be paid liquidated damages according to the contract terms. When the contract is terminated, the liquidated damages shall comply with the agreement; In the absence of explicit provisions, the defaulting party shall be liable. The penalty is generally limited to 30% of the actual loss and will be adjusted according to the fault of both parties. If the amount of liquidated damages is inconsistent with the loss, it will be adjusted according to the application; If it is too high or too low, it will be judged fairly.
#Contract affairs
1368 readings