Research On The Compensation For The Loss Of Price Enhancement In Housing Sale Contract

Legal disputes caused by rising commodity prices are social issue with Chinese characteristics.In recent years,house prices in all major cities in China have shown an upward trend.In the legal relationship between commercial housing sales,once the house seller defaults,the buyer has to purchase the most similar housing in terms of area,location,environment,etc.,at the market price after the price increase,and the dispute over the loss of the housing price increase as a result.In terms of nature,the loss incurred by the housing price increase is a reasonable value-added benefit of the observant party.There is no doubt that the value-added benefits arising from the price increase of the house should be enjoyed by the observant party in the case of the normal performance of the contract.If the contract is not established,invalid,revoked or the contract is valid but the seller defaults,the fault party or the defaulting party is undoubtedly also responsible for compensation for this part of the value-added benefits.In China’s judicial practice,the judgment standards for housing price increase loss are different in different courts,and the results of the judgments are also very different.This fully demonstrates that the matching degree required for China s legal research and practice on this issue needs to be improved at this stage.Considering that the compensation for housing price damage is one of the trial difficulties,it is often difficult to find a satisfactory answer based on traditional academic materials.Therefore,the legal person’s research on this issue should be returned to the vast practical cases,and such cases should be analyzed in an all-around way,trace the source,find the problem,and clarify the confusion.The author uses alphalawyer as the search platform.As of September 2018,there have been 362 cases of housing price damage compensation disputes in the past five years(2014-2018).These 362 referee cases are the epitome of our trial practice,and also constitute the basis and basis for the writing of this paper.Based on this,the writing idea of this paper is to classify,summarize and integrate existing cases,find out the problems in the trial process,and explore the way out and countermeasures to solve the problems.The first part of the article distinguishes the types of housing price increase loss and analyzes the referee bottlenecks faced by different types of cases.That is,in the case of the type of case in which the house sale contract is not established,invalid or revoked,the judge should change the traditional referee’s thinking and correctly understand the nature of the housing price increase loss.And in view of the types of cases in which the house sale contract is valid but the seller defaults,the judge should calculate the compensation amount of the housing price increase damage as accurately as possible and correctly handle the competitive relationship between the price increase loss and other liabilities.The second part discusses the calculation point and calculation method of housing price increase loss.Different calculation time points and calculation methods will affect the amount of compensation finally obtained by the observant party,which is an important basis for calculating the amount of housing price increase loss.The third part analyzes the treatment pattern of housing price increase loss and liquidated damages,deposits,and punitive damages.Correctly handling the applicable relationship between them helps to scientifically define the scope of compensation for housing price increase loss and guarantee the final compensation amount basically equal to the actual amount of losses incurred by the buyer after the price increase of the house.The fourth part puts forward a unified referee standard for the case of housing price increase loss,in order to benefit the judicial practice in the legal dispute arising from the rise of commercial housing prices.