房子交割前的问题，谢谢. （已经回答）

jenny11881

赵律师你好，
想像您咨询几个问题，我的一个朋友买了一块地，当时买的时候说是带buiding consent,但是到了交接日期，他们去council查，却发现consent还没有批下来（卖家在交接前几天才递了些资料去council)，于是就没有交接.请问我朋友也就是买家现在该怎么办？现在感觉是卖家好像不想卖了，我朋友也已经付了8W的定金，并通知律师把那个地已经锁了起来.我想请问，
1.如果council那边的consent批下来了，买房是否可以直接通知律师过户啊并且付给对方的款是扣掉合同上的交接日期起所产生的罚金？（因为感觉那个卖家好像不想卖了）
2如果我朋友不打算要这块地了，那8W块是否可以全部拿回来啊，因为听说那3W块已经被中介拿走一部分了（如果房子还没有交割中介是否可以先拿走佣金啊？）
问题有点多，想听一下专业人事的意见，谢谢.

AMICUS_LAW

您好，简单回答一下您的问题：

1. 如果consent 批下来了，可以要求强行交割，而且可以要求赔偿late settlement penalty. 如果对方拒绝交割，可以通过高等法庭要求强制执行。

2. 如果不打算要了，那么可以要求屋主退还deposit, 至于中介费，那是屋主和中介合同直接的纠纷了。（大多数中介的合约都会说中介费会在合约变成无条件后自动生效，所以会扣除账户里的deposit),那么你还是只能起诉vendor 了。

灰色夜宵

不是很确定 随便说下看法

我认为你朋友可以取消合同 8万快对方必须返还你

引用
Contractual Remedies Act 1979

上面是 取消的条件7.3.B 说的是 不可以扣钱
但是有个考量是 没这个consent 是否对这块地 或者对买家 造成了决定性的影响，还有就是 对方说有consent 所使用的方式 你们是否跟卖家确认过有consent 这一信息流通系列程序的合理性 如果这条是在你们合同里的 那当然再好不过

7Cancellation of contract
(1)Except as otherwise expressly provided in this Act, this section shall have effect in place of the rules of the common law and of equity governing the circumstances in which a party to a contract may rescind it, or treat it as discharged, for misrepresentation or repudiation or breach.
(2)Subject to this Act, a party to a contract may cancel it if, by words or conduct, another party repudiates the contract by making it clear that he does not intend to perform his obligations under it or, as the case may be, to complete such performance.
(3)Subject to this Act, but without prejudice to subsection (2), a party to a contract may cancel it if—
(a)he has been induced to enter into it by a misrepresentation, whether innocent or fraudulent, made by or on behalf of another party to that contract; or
(b)a term in the contract is broken by another party to that contract; or
(c)it is clear that a term in the contract will be broken by another party to that contract.
(4)Where subsection (3)(a) or subsection (3)(b) or subsection (3)(c) applies, a party may exercise the right to cancel if, and only if,—
(a)the parties have expressly or impliedly agreed that the truth of the representation or, as the case may require, the performance of the term is essential to him; or
(b)the effect of the misrepresentation or breach is, or, in the case of an anticipated breach, will be,—
(i)substantially to reduce the benefit of the contract to the cancelling party; or
(ii)substantially to increase the burden of the cancelling party under the contract; or
(iii)in relation to the cancelling party, to make the benefit or burden of the contract substantially different from that represented or contracted for.
(5)A party shall not be entitled to cancel the contract if, with full knowledge of the repudiation or misrepresentation or breach, he has affirmed the contract.
(6)A party who has substantially the same interest under the contract as the party whose act constitutes the repudiation, misrepresentation, or breach may cancel the contract only with the leave of the court.
(7)The court may, in its discretion, on application made for the purpose, grant leave under subsection (6), subject to such terms and conditions as the court thinks fit, if it is satisfied that the granting of such leave is in the interests of justice.
Section 7(3)(b): amended, on 19 December 2002, by section 4 of the Contractual Remedies Amendment Act 2002 (2002 No 79).
Section 7(3)(c): amended, on 19 December 2002, by section 4 of the Contractual Remedies Amendment Act 2002 (2002 No 79).
Section 7(4)(a): amended, on 19 December 2002, by section 4 of the Contractual Remedies Amendment Act 2002 (2002 No 79).
8Rules applying to cancellation
(1)The cancellation of a contract by a party shall not take effect—
(a)before the time at which the cancellation is made known to the other party; or
(b)before the time at which the party cancelling the contract evinces, by some overt means reasonable in the circumstances, an intention to cancel the contract, if—
(i)it is not reasonably practicable for the cancelling party to communicate with the other party; or
(ii)the other party cannot reasonably expect to receive notice of the cancellation because of that party's conduct in relation to the contract.
(2)The cancellation may be made known by words, or by conduct evincing an intention to cancel, or both. It shall not be necessary to use any particular form of words, so long as the intention to cancel is made known.
(3)Subject to this Act, when a contract is cancelled the following provisions shall apply:
(a)so far as the contract remains unperformed at the time of the cancellation, no party shall be obliged or entitled to perform it further:
(b)so far as the contract has been performed at the time of the cancellation, no party shall, by reason only of the cancellation, be divested of any property transferred or money paid pursuant to the contract.
(4)Nothing in subsection (3) shall affect the right of a party to recover damages in respect of a misrepresentation or the repudiation or breach of the contract by another party.
Section 8(1)(b): substituted, on 19 December 2002, by section 5 of the Contractual Remedies Amendment Act 2002 (2002 No 79).