When can I check out? What is the check-out process?

I don't want to buy a house Can I check out? This happens from time to time. Actually, whether I can check out depends on the situation. Recently, many people are asking me when I can check out, what is the check-out process, and the check-out process is ready for you. If you are interested, let's go to Bianxiao together.

1. Under what circumstances can buyers return a house?

According to the laws of our country, the buyer can apply for returning the house if one of the following conditions is met:

(1) Delayed delivery

This kind of situation is what buyers may encounter at present. When the developer and the purchaser agreed to hand over the house in the contract, they did not get the notice of occupancy from the developer. According to the provisions of the current judicial interpretation, if the developer fails to perform within a reasonable period of three months after being urged by the purchaser, the purchaser has the right to ask the developer to return the house and demand a refund of the deposit or interest on the house payment;

(2) The developer's development procedures are incomplete, which leads to the invalidity of the contract.

At present, developers must have complete documents to sell houses in Gai Lou. If the developer's documents are incomplete, it is illegal to operate, and the contract signed with the buyer is invalid. Because it is an invalid contract, the developer should return the house payment paid by the purchaser.

(3) Without the consent of the purchaser, the employer changes the design.

In the contract signed between the purchaser and the developer, it is generally agreed that the developer must obtain the consent of the purchaser before changing the design. Otherwise, the developer constitutes a breach of contract and the purchaser has the right to return a house. If the developer changes the type, orientation and area of the house without the consent of the buyer, the buyer may require the developer to return the house according to the contract;

(4) The real estate production is not standardized, and some developers are in arrears with the government land transfer fee. In this way, buyers who buy these properties will not get the property title certificate for many years, and buyers can also request to return a house.

(5) The error of housing area exceeds 3%

If the absolute error ratio between the measured area at the time of delivery and the temporarily measured area at the time of signing exceeds 3%, the purchaser may request to return the house and return the interest.

(6) The quality of the house seriously affects the use.

According to the new judicial interpretation, if the quality of the house seriously affects the normal living and use, the purchaser can request to return the house and ask the developer to compensate for the losses.

(7) The house is mortgaged, co-built or other economic disputes.

If the developer mortgages the house before selling it, or mortgages the house to others after selling it to the buyer, the buyer can ask to return the house after finding out.

2. What's the check-out procedure?

In the process of buying and selling, due to different defaulting parties and different stages, the procedures for checking out are also different. The following describes how to handle the relevant procedures in the case of check-out at different stages of buying a house.

(1) deposit (deposit or subscription) stage

When the buyer has paid the down payment (down payment or subscription money) but has not signed a formal pre-sale contract for commercial housing, if the buyer has paid the down payment (down payment or subscription money) to the seller, but the nature of the paid money has not been explained and no agreement has been made, in this case, the buyer can directly ask the seller or his agent for the paid money.

If the item sold by the seller has a pre-sale permit or property right certificate, the buyer and the seller agree to pay as a deposit. If the buyer and the seller fail to reach an agreement on the commercial housing sales contract and sign a contract, the payment will be confiscated and the deposit will not be refunded. Lawyers Jiang Tao and Liu Guilin believe that this agreement violates the principles of fairness and justice and should be a forced transaction. In this case, if the seller refuses to return the deposit, the buyer can directly bring a lawsuit to the court, but Article 22 of the Measures for the Administration of Commercial Housing Sales seems to agree with this agreement.

(2) The pre-sale registration stage has been completed.

The buyers and sellers checked out before the house ownership certificate was processed. At this stage, buyers are generally required to return a house, and most of the defaults are sellers. In addition to the requirements of the second stage mentioned above, this stage also involves issues such as property, decoration losses, taxes and fees, and moving out time. If the seller breaches the contract, the decoration loss shall be assessed and determined by the real estate appraisal agency. Property buyers should also sign a contract with the property management company to terminate the property management, and the taxes and fees collected by the seller should also be refunded. If no agreement can be reached, the buyer may bring a lawsuit to the court or arbitration institution or apply for arbitration.

(4) The real estate license has been processed.

After the real estate license is completed, the ownership of the house has been transferred. Unless there is an agreement in the contract, under normal circumstances, buyers cannot return a house. If the seller has completed the real estate license for the buyer, but the seller has paid in advance, and the buyer refuses to perform the payment obligation as agreed in the contract, the seller may propose to terminate the contract and ask the buyer to return the house and bear the corresponding losses. In this case, both parties need to go to the real estate license issuing authority to handle the transfer or cancellation procedures of the real estate license.