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The landlord said unclearly, it has been two years since the purchase, but has the house been completed? Has the developer notified the delivery of the house? I can't see it.
Therefore, if the landlord wants to check out, he must look at the purchase contract.
Generally, the purchase contract will clearly state that the buyer will have the option to move out if the developer has clearly breached the contract in some way.
Therefore, the landlord had better take a closer look at whether the developer has defaulted, and if so, then you can take a specific look at how to check out; If there is no default, then it will definitely not be able to return the house.
In addition, after two years of repayment, if the developer agrees to you to check out, then you have to involve the bank.
Now the bank's handling method is very straightforward and simple, it will ask you to settle the mortgage directly, and because your loan is signed with a loan contract and the agreement is clear, it is impossible to refund you the interest you paid before.
To say so much, it is a three-step process:
1. Look at the purchase contract, according to the content of the contract, whether the developer has any relevant breach of contract, if there is a breach of contract, and then see whether the breach of contract agreement states that you can check out. If there is, then you can contact the developer with the contract first to negotiate the move-out; If not, then stop here, there is no need to talk, it is impossible to check out;
2. If the developer agrees to check out, then go to the bank to settle the loan;
3. After the bank settles the loan, go to the developer for the check-out procedure.
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That is, you haven't taken over the property yet, and you should do it according to the contract, which depends on whether you want to return it, and they should also pay you the corresponding compensation according to the terms of the contract.
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That means you don't have a title deed now? You can look at your purchase contract, if you promise to apply for the real estate certificate within two years, then you have issued it now, according to the relevant provisions of the law, the real estate developer is liable for breach of contract, and you will be compensated for liquidated damages according to three thousandths of the total price of the house every day, which can be done specifically! Happy defending your rights and don't check out.
Three years ago, the price was definitely lower than it is now, I can only help you get here, please call me the red scarf.
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Look at the contract is to say when to hand over the house, and if it is not paid when it is time to hand over the house, you can go to sue.
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To check out now go to the developer for negotiation.
Generally, if you have not yet entered the stage of real estate certificate processing, it is better to change the name of this one, and generally entrust the people under the sales department to ask first, don't tell the developer, the supervisor above, and try it privately.
But if you are taking out a loan, it will be more difficult to estimate.
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It's hard. Let's talk to the developer!
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1. First of all, the repayment time of the housing loan is based on the next month after the bank disburses the loan, and if you do not repay it on time, you will face corresponding penalties, such as the house is seized, sued by the bank, and included in the blacklist of the central bank database;
2. The repayment has nothing to do with the handover of the house, in other words: the mortgage may have been repaid for 2 years and the purchased house has not yet been delivered;
3. After signing the sales contract, the loan procedures must be handled within ten working days, but you can negotiate with the developer to postpone the loan approval procedures, so that you can pay the bank loan later; However, you must obtain the consent and understanding of the developer, otherwise, the developer has the right to hold you liable for breach of contract and late fees.
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It depends on the delivery time written on your purchase contract, if it exceeds this time and you do not go to collect the house, you may have to pay a late fee, and if the real estate agent does not deliver the house after the time, you can also file for compensation.
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If you want to retreat, you can retreat, and you can't return. You see if it is possible to negotiate a refund of the contract, if so, it is okay.
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It can be refunded, which is actually the termination of the contract for the sale and purchase of commercial housing.
But it's very important that you understand what is in your contract.
You need to negotiate with the developer first, in the negotiation and negotiation, you can ask the developer to provide evidence to prove the reason for the late delivery, if the developer has no legitimate reason and reasonable explanation, and the reason for the late delivery is not force majeure, then you can ask the other party to pay liquidated damages or agree to move out according to the contract.
According to Article 153 of the General Principles of the Civil Law, force majeure refers to "unforeseeable, unavoidable and insurmountable objective circumstances", such as natural disasters such as typhoons, floods, hailstorms, or acts of expropriation and requisition, or social abnormal events such as strikes and riots. If force majeure does occur, then the developer should notify you in writing within the time agreed in the contract (the reality is that you have not been notified). In addition, the developer also needs to provide that there is indeed a force majeure situation that complies with the law in order to exempt it from liability for breach of contract.
Otherwise, you have the right to pursue the developer's liability for breach of contract and demand payment of liquidated damages in accordance with relevant regulations.
If the developer still does not give a clear answer within three months, or the house is delivered to you, you can terminate the contract through legal proceedings and ask the developer to bear the liability for breach of contract and refund the purchase price. [It should be noted that] if the written reminder materials are sent by courier, the relevant documents should be kept so that there is a basis for resorting to law.
The house issue is not a trivial matter, and it is important to be cautious and keep all the evidence. Wish you all the best!
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Under normal circumstances, it is difficult to check out, unless the room price is in **, in the current situation, ** is estimated to be unlikely, or you don't have this trouble, first of all, look at the contract, there is no check-out clause, that is, under what circumstances can you check out, estimate the format contract, it is unlikely to have this condition, secondly, to file a lawsuit on the grounds of delayed delivery, of course, the delay in delivery should be a fact, but it is time-consuming and laborious, and it may not be possible to judge down to check out, the last trick refers to the practice on the first floor, but it takes energy, And it is necessary to prevent the opening of the house from calling for assassination, this kind of thing is not unhappening, and there must be a precondition, that is, the house has not been bought.
The most realistic way is to call the house to accompany some money, to delay the delivery of the house to cause you losses, such as rent or something, but the money is not estimated to be much, the house price will also cause you losses, such as if it is delivered three months ago, you can ** house, but because of the current house price, your ** house price will bring losses, but it is more difficult to obtain evidence. The success rate of getting the support of the court is not very large, because the strength of the house is definitely greater than yours, and the judge is also a person, and it is common to collect some money to help the house open, of course, you can also find a home, and it is also a helpless choice.
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Now there are a lot of such problems, generally can not move in immediately, if you want to check out, you will definitely pay a penalty, so it's not cost-effective, or forget it.
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To understand the information about the house, you can go to the housing construction network. . .
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You can ask the developer to pay the contract for liquidated damages or appeal to check out.
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It depends on how your purchase contract is written. If not, unless it can be proved that the quality is substandard and endangers personal or property safety.
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You have to see when the developer can deliver the house, if you can pay it now, in principle, the developer will not check out to you, if you can't hand over the house now, the developer doesn't want to check out to you, but if you really want to check out, you can only use unconventional means, our manager also bought a house, the developer delayed the start of construction, delayed the delivery date and then couldn't do it, the manager's wife went out, shouted in their sales office every day, others came to buy a house, she told people that the house can't be bought, and she didn't know when it could be delivered. Later, the developer also refunded the house payment to them.
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Yes, but it's hard to do, and it usually won't be refunded, unless there is a big problem.
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If you can move in, you can look at it and resell it to others, so that you don't lose money, and maybe speculators can still make some money if they see you.
Don't send liquidated damages.
The dilapidated real estate I live in is noisy every day, and as a result, a large number of people are still looking at houses and buying houses every day. It's only been half a year since I moved in, and I sold one-third of it. Send messages on the Internet, 58.com.
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Hello landlord.
If you buy off-plan housing from the developer, if it is a mortgage, then you need to hand over the down payment to the developer, and then apply for a mortgage loan, and repay the loan on time after the bank releases the loan.
If the payment is made in full, then the loan will be given to the developer in a lump sum, and then the developer can take over the house after handing it over.
Whether it is a mortgage or a full payment, the developer will require the buyer to pay the deed tax and maintenance ** when handing over the house, this fee is used to apply for the property right certificate, and generally this fee needs to be paid on the day of the property right certificate, and the buyer has the right not to pay.
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Theoretically, you can check out without a real estate certificate.
If you have a mortgage loan, go to the bank immediately to apply for a refund.
The most important thing is to go to the housing authority and apply to freeze your right to buy a house.
However, it will definitely bear the liability for breach of contract. Please refer to the purchase contract for specific responsibilities.
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It's definitely not okay, the money is in someone's pocket.
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The property rights are yours. As long as the sale and purchase contract is signed, and you have paid the down payment and completed the loan. Property rights are definitely yours.
I don't think there's any need for a lawsuit for you, it's best to negotiate a settlement. It is really impossible to go through the legal route again. If there is a conflict, it will be resolved.
Now the developers are probably deliberately delaying you. Because he had already received all his money, he was not in a hurry.
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You look at the purchase contract you signed, whether it is an existing house or an off-plan property.
After the construction of the house is completed, it is not the same as the existing house. It must wait for the acceptance of the relevant departments before handing over the house to the customer.
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Rest assured that it belongs to you, but you haven't applied for a real estate certificate yet.
You go to the housing authority and ask.
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This can be completely reassured! It's been two months since you paid the repayment, so you can rest assured that you can wait for the house! The main thing is that the contradiction with the developer should be resolved as soon as possible!
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