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一、案例2014年6月,上海居民李某与马某签订《二手房买卖合同》,约定马某以500万元购买李某的房屋,定金为20万元,首期款为150万元,剩余房款350万元马某申请银行按揭贷款。合同约定,买方应在合同签订后的三个月内就除首期款之外的剩余房款向银行申请按揭贷款提交贷款申请;卖方应在合同签订后三日内与担保公司办理委托公证,委托担保公司代为赎楼,如担保公司无法赎楼的,卖方应自行赎楼,还清贷款,办妥注销抵押登记手续。如卖方未按照合同约定的期限履行义务,买方有权要求卖方以转让成交价为基数按日万分之五支付违约金并继续履行合同,如
First, the case In June 2014, Shanghai residents Lee and Ma signed a “second-hand housing sales contract,” agreed to Ma 5 million to buy Lee’s house, deposit of 200,000 yuan, the first paragraph of 1.5 million yuan, Remnants 3.5 million yuan Ma Mou apply for bank mortgage loans. Contract, the buyer should be within three months after the signing of the contract, except for the first installment of the remaining housing loans to banks to apply for loans to submit an application; the seller should be signed within three days after the contract with the guarantee company notary, commissioned The security company on behalf of the redemption of the floor, such as the security company can not redeem, the seller should redeem their own homes, pay off loans, cancel the registration of canceled registration. If the seller fails to fulfill its obligations as stipulated in the contract, the buyer has the right to require the seller to pay the liquidated damages at a rate of 5% and continue to perform the contract on the basis of the transfer price. For example,