Commercial housing check-out process

Nowadays, more and more people buy commercial housing, so it is not easy to buy a house and it is more troublesome to check out. When the house sales contract has been signed and the deposit has been paid, after getting the house, I found that there are many unsatisfactory places in the house. For those who want to check out, it takes a lot of procedures to complete the check-out, which is related to how to fill out the commercial housing check-out agreement that everyone wants to know. How to go through the formalities? Let Bian Xiao explain it to you.

1. How to fill in the check-out agreement?

1. Seller: (name of house seller) Buyer: (name of house buyer)

2. According to the Contract Law of People's Republic of China (PRC) and some provisions on the return of pre-sold commercial housing, the buyer and the seller reached the following agreement through negotiation: the house is required to return the house due to (return of house), the house is located (the detailed location of the house), the construction area (accurate construction area) is square meters, and the pre-sale permit number of ordinary commercial housing is () J.F.Y.Z. ZiNo.. (). The Purchase and Sales Contract for Ordinary Commercial Housing (ContractNo. _ _ _ _ _) was signed on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

3. After the Commodity House Purchase and Sales Agreement is signed, the seller will return the original purchase price of RMB _ _ _ _ _ _ _ _ _.

4. This check-out agreement shall come into effect as of the date of signature by both parties.

5. After this agreement comes into effect, the seller shall apply to the Housing Authority (in your city) for check-out and cancellation in time.

Second, check-out procedures

1, which is the buyer's default;

2. It is the seller's breach of contract;

3. Neither party has breached the contract, but both parties have reached an agreement on the issue of returning the house;

4. Both parties breach the contract, but no consensus is reached through negotiation. 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 have agreed that the money is a deposit. If the buyer and the seller fail to reach an agreement on the commercial housing sales contract and finally fail to sign the contract, the money will be confiscated and the deposit will not be refunded. Lawyers Jiang Tao and Liu Guilin (Liu Guilin Blog, Liu Guilin News, Liu Guilin's speech) believe that this agreement violates the principles of fairness and justice and should be an act of forced trading. 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 buyer and the seller have gone to the real estate management bureau for pre-sale registration, but the house has not yet been delivered for use. At this stage, if one party wants to check out, it must first negotiate with the other party to see if an agreement can be reached. If both parties reach an agreement, it shall be expressed in writing and a formal check-out agreement shall be signed. The contents of the agreement should mainly include the agreement of both parties to terminate the original house sales contract, who will bear the responsibility for breach of contract, how to refund and how to perform it.

If one of the buyers and sellers breaches the contract and cannot reach an agreement, then the party who advocates the termination of the contract shall notify the other party. When the notice reaches the other party, the contract is terminated. If the other party disagrees, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract. If the two parties fail to reach a house return agreement through negotiation, they may directly file a lawsuit or apply for arbitration with the court or arbitration institution. In addition, both parties should also go to the real estate registration authority to cancel the pre-sale registration.

3, check-in stage

After the completion of the house, the buyers went through the check-in formalities, paid the taxes and fees due from the government departments, but returned the house before the real estate license 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. Completion stage of real estate license processing

After the real estate license is done, the rights of the house have been transferred. Unless there is an agreement in the contract, the buyer can't return the house in general. 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.

To sum up, it is a particularly important step to fill in the check-out agreement of commercial housing, because it affects after-sales service and becomes the key point to solve the housing problem. After all, commercial housing is different from other consumer goods in daily life, because its transaction procedures are troublesome and involve a large amount of funds, so the requirements for procedures are strict. If buyers want to protect their rights and interests, they still need to know the relevant knowledge. If you have any other questions, you can go to the website for consultation.