What about the check-out procedure for immigrants in Chenggu County, Shaanxi Province?

Check out procedure 1. Negotiate with the developer first, and if the negotiation fails, relevant experts suggest that the owner should negotiate with the developer first to save the litigation costs when the conditions of check-out agreed in the contract are met. If the compensation offered by the developer can satisfy the owner, the owner can withdraw the check-out request according to his own situation, or go through the check-out formalities with the assistance of the developer. If the coordination fails, then choose litigation or arbitration. The owner did not stipulate the check-out clause in the contract, but the court will also support the owner's check-out request if it meets the legal check-out conditions. For the check-out requirements that are not stipulated in the contract and are not within the scope of the law, it is recommended that the owner first find the developer to coordinate. Usually, it takes a long time to file a lawsuit in this case. 2. Ask for liquidated damages and related taxes and fees. If the developer's breach of contract leads to return a house, and both parties have agreed on liquidated damages in the contract, then the developer must make compensation according to the agreement. In addition to the total house price and corresponding interest, the compensation also includes some expenses paid by the owner in the early stage, such as stamp duty, house purchase deed tax, transaction fee, surveying and mapping fee, registration fee, interest loss, house purchase agency fee, lawyer's fee, etc. , included in the actual loss of consumers, compensation by the developer. 3. Both down payment and monthly interest can be compensated. Return a house, the one-time payment of property buyers can directly request the developer to refund their house payment and corresponding interest. However, the situation of buying a house through mortgage loans and provident fund loans is relatively complicated. In practice, it is the developer who divides the refundable purchase money into two parts. The part that belongs to the buyer's down payment is directly returned to the buyer, and the part that belongs to the buyer's loan from the bank is directly returned to the bank, and the buyer is deemed to have repaid to the bank in advance. The bank receives the repayment and terminates the loan contract with the purchaser. The developer pays the down payment interest to the purchaser, that is, the down payment interest income from the delivery date of the down payment to the return date of the developer. If the mortgage loan of the purchaser has entered the stage of monthly payment, the developer should also return the monthly payment and interest expenses of the purchaser. If the buyer has lived for a period of time when he requests to return a house, the depreciation expenses incurred during this period should be compensated by the owner. If the responsible party is the developer during the house return, the buyer may not compensate for the building depreciation; If it is the responsibility of the buyer, the developer may not compensate the owner for the decoration fee.

There are four steps in the check-out process: the first step: the purchaser sends a check-out notice to the developer by registered mail, fax or telephone. Step 2: Urge the developer to go through all the procedures for the cancellation or termination of the contract between the purchaser and the loan bank within 15 days after the return of the house is requested. Step 3: urge the developer to return all the purchase money to the purchaser. Step 4: Go to the provident fund management institution or the loan bank to go through the formalities of stopping repayment.

Check-out notice 1. Don't forget the procedure of insurance surrender: when buyers apply for mortgage loans, banks generally require buyers to buy insurance for their houses. According to the relevant provisions of the Insurance Law, if the insured requests to terminate the contract, the insurer may collect the insurance premium from the date when the insurance liability starts to the date when the contract is terminated, and return the rest to the insured. 2. Double deposit return: According to Article 1 16 of the Contract Law, if the parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses, but not both. If the house is returned due to the buyer's reasons, the developer has the right not to refund the deposit; But if it is the responsibility of developers, property buyers can get double indemnity. 3. It is easier to check out before getting the real estate license: the owner had better check out before the real estate license is issued. If there is a problem in decorating the house after obtaining the real estate license or under other circumstances, it usually takes a long appraisal process. After obtaining the successful certificate, you can take the road of litigation and go through the check-out procedures. The process is more complicated. At this point, the consumer and the bank terminate the loan contract, and after the developer returns all the house payment, the sales contract between the purchaser and the developer means termination. In addition, when buyers apply for mortgage loans, banks generally require buyers to buy insurance for their own houses, and the insurance beneficiary is the loan bank, so the last step is to cancel the loan contract and then go through the formalities of surrender. 4. Whether the liquidated damages are high or low: According to the relevant provisions of the Contract Law, if the liquidated damages are not enough to make up for all the actual losses, the developer will continue to compensate the difference. If the penalty is higher than the actual loss, the developer will compensate directly according to the penalty. I hope it helps you.