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What should I do if I buy a house and sign a contract and want to check out?

Legal analysis:

1. Processing time of property right certificate

Generally, the time for handling the title certificate will not be specified in the purchase contract, and most developers will handle it after 1-2 years. If the property buyers are in a hurry to get the property right certificate, it is best to stipulate the specific date for handling the property right certificate in the supplementary agreement. In order to prevent the developer from breaching the contract, it is also necessary to indicate the relevant liability for compensation. If the developer fails to handle the house property right certificate within the agreed time limit, he shall compensate the buyers as agreed. In addition, if the property right certificate cannot be handled due to the developer's reasons, the developer should bear the corresponding responsibilities and compensate for the losses.

2. What should I do if the loan fails?

After signing the contract and paying the down payment, the loan can't be done and the house can't be bought. What should the buyer do? Who should bear the responsibility? These need to be agreed in advance in the supplementary agreement.

Generally speaking, there are three reasons for loan failure:

A, the developer's reason: property buyers can return a house without having to bear the responsibility for breach of contract, and even ask the developer to bear the responsibility;

B, bank or policy reasons: property buyers can terminate the contract without responsibility;

C. The buyer's own reasons: the payment method can be renegotiated with the developer, and the buyer who cannot pay the balance needs to bear the liability for breach of contract.

3. What is the pool area?

Many developers will only give a rough figure when buyers consult the pool area, which will not be clearly written into the purchase contract, but they will probably cheat on it in the future. However, because the size and location of the pool area actually belong to the hidden area that buyers need to buy with money, it is best for buyers to clearly stipulate the specific size and location of the pool area in the supplementary agreement on house purchase, and also indicate how to solve it if the pool changes, so as to avoid future house purchase disputes.

4. Delivery standards

Regarding the delivery standard, the requirements of blank houses are generally the most basic quality problems; Hardcover rooms need special attention. It is best to specify the brand, model, color, material, etc. Supplementary provisions on decoration materials in the agreement, and try to avoid using vague words such as famous brands and advanced products. One more thing, if possible, try to agree with the developer to carry out concealed engineering decoration. It is best to inform the buyer to go to the site for acceptance before covering, and then proceed to the next step after signing for confirmation.

5. Important promises made orally by developers.

The supplementary agreement shall indicate the verbal commitment of the developer. When selling a house, developers will launch various promotional activities to attract buyers' attention, and there will also be various commitments, such as giving away area, schools, parking spaces and so on. But verbal promises are ineffective, and those important promises that affect the decision to buy a house are suggested to be written down in black and white.

6. Property issues

The supplementary agreement shall specify the property management issues, including the time and amount of payment of the property company and property fees, and shall be stipulated in detail in the supplementary agreement. What needs to be clear is that developers and properties are two different legal subjects. According to the regulations, the property management company shall be selected and determined by all owners through the owners' committee. But now the common practice is that developers set up their own property companies, or choose companies that have business relations with them. If the owners are not satisfied, they can vote for changes at the owners' meeting after moving in.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 463 This Chapter regulates civil relations arising from contracts.

Article 464 A contract is an agreement between civil subjects to establish, change or terminate a civil legal relationship.

Agreements on status relations such as marriage, adoption and guardianship shall be governed by legal provisions on such status relations; If there are no provisions, the provisions of this part can be applied according to their nature.

Article 465 A lawfully formed contract shall be protected by law.

A legally established contract is legally binding only on the parties, except as otherwise provided by law.