How to check out if the new house is not suitable? Here is the answer you want!

It is not easy to buy a house now. Most buyers are very picky and rarely check out. However, when encountering such troubles, how can the owners handle the check-out procedures more smoothly while safeguarding their own rights and interests?

First, the deposit (deposit or subscription) stage

1. When the buyer has paid the deposit (deposit or subscription) but has not signed a formal pre-sale contract for commercial housing: If the buyer has paid the deposit (deposit or subscription) to the seller, but the nature of the payment has not been agreed, Hejia.com reminds everyone that in this case, the buyer can directly ask the seller or his agent for the payment.

2. 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 paid 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 paid will be confiscated and the deposit will not be refunded. This agreement violates the principle 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.

Second, the pre-sale registration stage has been completed.

1. The buyer and the seller have gone through the pre-sale registration with the Real Estate Administration, but the house has not 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, they must express it in writing and sign a formal return agreement. 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.

2. 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.

Third, the check-in stage

1. After the house was completed, the buyers went through the check-in formalities, paid the taxes payable by the government departments, but checked out before the property ownership certificate was processed. At this stage, buyers are generally required to return a house, and most of them are sellers who have defaulted. 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, it is better. Com suggests that buyers can bring a lawsuit or apply for arbitration to a court or an arbitration institution.

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.

2. The buyer can submit it to the developer by registered mail, fax or telephone. If the return of the house is caused by the developer's responsibility, the developer shall bear the losses caused by the return of the house, including loan interest, down payment deposit interest, house purchase tax, etc. If the house purchase contract stipulates the compensation standard for house return, it shall be handled according to the contract. If the compensation standard agreed in the contract is not enough to make up for the loss, it may claim compensation separately; If the buyer's loan application is not approved, the two parties to the contract cannot reach an agreement on the payment method, and the developer will not be liable for compensation.

3, 15 days to do all kinds of formalities.

1) The developer shall return all the house payment paid by the buyer within 15 days after the buyer requests to return the house, and shall be responsible for handling all the procedures for the cancellation or termination of the contract between the buyer and the loan bank. Before the above procedures or documents are signed, the developer should pay the monthly principal and interest to the loan bank instead of the buyer.

2) After the buyer sends out the notice of house rejection, the developer will return all the purchase price to the buyer and complete the repayment procedures of the provident fund management institution or the loan bank. If the above contents are not completed, the developer shall pay one thousandth of the total house price to the buyer as a penalty on a daily basis from16th day after the buyer sends out the delivery rejection notice to the day when the buyer obtains the full house price.