The mortgage contract has not come into force, and the mortgagor bears the liability for fault in contracting.
Liability for fault in contracting refers to the civil liability that one party to a contract should bear due to its breach of its obligations based on the principle of good faith in the process of concluding a contract, resulting in damage to the interests of the other party. The establishment of liability for fault in contracting shall meet the following four conditions:
（1） One of the contracting parties violates the pre contractual obligations;
（2） The contract is not formed, invalid or cancelled due to the fault of the contracting party, causing damage to the trust interests of the other party, or causing personal or property damage to the other party due to the actor's failure to exercise due care;
（3） The contract has not been effectively established;
（4） One of the contracting parties must be subjectively at fault. The compensation scope of liability for fault in contracting is limited to reliance interest. The loss of trust interest includes not only the direct loss of the other party's property caused by the contracting negligence, but also the indirect loss of the injured party's property that should be increased but not increased:
(1) Expenses incurred in concluding the contract, including transportation expenses, communication expenses, investigation expenses, catering and accommodation expenses, etc;
(2) Expenses incurred for preparing to perform or performing the contract, such as storage fees, freight, insurance, etc;
(3) Legal costs or other expenses incurred when claiming that the contract is invalid or voidable;
(4) Interest loss of the above expenses;
(5) Indirect losses caused by losing the opportunity to sign a contract with others.
