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Back新竹地院判建商沒收違約金過高 需返還買屋人621萬
新竹地院判建商沒收違約金過高 需返還買屋人621萬
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自由时报19 minutes agoLaw2 min readChinaView translation

新竹地院判建商沒收違約金過高 需返還買屋人621萬

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新竹地方法院審理後認定建商沒收違約金過高,將原沒收549萬元降為366萬5000元,判決建商返還買屋人凌女621萬7756元。凌女購預售屋繳納988餘萬元後,因銀行貸款卡關遭解約,法院認為其非惡意違約,酌減違約金比例至總價10%。

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Why It Matters

凌女購買新竹預售屋,總價3665萬元,已繳納988餘萬元工程款。2025年9月因銀行貸款卡關遭建商解約並沒收549萬元違約金,凌女提告要求全數退還已繳價金。

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新竹地方法院審理後認定建商沒收金額過高,降為366萬5000元,判建商返還凌女621萬7756元。(記者廖雪茹攝)

買預售屋若遇銀行貸款卡關,恐面臨賣方解約並沒收鉅額違約金的風險!凌姓女子購買新竹某預售案,並已陸續繳納988萬餘元工程款,但因貸款卡關,遭建商沒收549萬元違約金;法院審理後認定沒收金額過高,降為366萬5000元,判建商返還凌女621萬7756元。全案仍可上訴。

判決指出,凌女2023年購買位於新竹的預售案,總價3665萬元,並已陸續繳納988萬餘元工程款。不料2025年9月賣方取得使用執照通知辦理貸款時,凌女配合的銀行因央行信用管制政策突通知無法承接,凌女隨後緊急改向新竹三信申辦貸款。

過程中賣方雖一度通知給予1個月補正期,後因凌女未簽署「延後過戶切結書」,賣方又將期限縮短為3天,並在同月中旬以凌女未如期補足預定貸款金額2567萬元為由,宣布解除契約並依約沒收總價15%、即549萬7500元違約金。凌女不服,委任律師提告要求全數退還已繳價金。

新竹地院審理後指出,凌女確實未能在期限內完成對保等申貸手續,賣方依約解約並無不當。但法官考量凌女持續積極尋求銀行核貸,並非惡意違約不繳款,審酌賣方實際損害、社會經濟狀況及利率後,認為15%違約金過高,裁定應酌減至總價10%、即366萬5000元。最終判決賣方扣除違約金後,應返還凌女621萬7756元及法定利息。

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What to Watch

AI outlook — possibilities, not facts

  • 建商可能上訴此判決至台灣高等法院

    Possible · Within weeks

Open Questions

  • 建商是否會上訴此判決
  • 凌女是否能成功取得新竹三信的貸款以完成購屋
  • 此判決是否會影響其他預售屋買賣契約中的違約金條款

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