The down payment for buying a house has been paid, and we want to check out, we pay the down payment

The down payment is paid and the house can be refunded. After paying the down payment, you can ask to move out, but if you don't want to buy a house for your own reasons, you need to bear the liability for breach of contract when you check out.

The nature of the down payment is an advance payment, if you want to check out, the down payment can be refunded by the other party, but if you don't want to buy a house for your own reasons, then the buyer needs to pay liquidated damages.

Legal basis] Article 585 of the Civil Code.

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the party agrees on liquidated damages for delayed performance, the defaulting party shall also perform the debt after paying the liquidated damages.

Can I check out after paying the down payment 1, negotiate with the developer first, and if the negotiation fails, if the conditions for moving out agreed in the contract are met, it is best to negotiate with the developer first, so as to save litigation costs. If the compensation conditions proposed by the developer are satisfactory to the owner, the owner can withdraw the request for moving out according to his own situation, or go through the check-out procedures with the assistance of the developer. If mediation fails, then choose litigation or arbitration.

2. If the developer breaches the contract and causes the liquidated damages, and the two parties also agree on the liquidated damages in the contract, then the developer must compensate as agreed. In addition to the full price of the house and the corresponding interest, the compensation also includes some expenses incurred by the owner in the early stage, which are included in the actual loss of the consumer and compensated by the developer. 3. The down payment and monthly interest can be compensated in terms of check-out payment, and buyers who use one-time payment can directly request the developer to refund their payment and corresponding interest.

However, the situation of buying a house through a mortgage loan or provident fund loan is more complicated. In practice, the developer divides the refundable purchase price into two parts, the part belonging to the buyer's down payment is directly returned to the buyer, and the part belonging to the buyer's loan from the bank is directly returned to the bank, and the buyer is deemed to have repaid the loan to the bank in advance. If the buyer has already lived in the property for a certain period of time when the buyer requests to vacate, the depreciation incurred during this period shall be reimbursed by the owner.

Questions. It's not the developer that I don't want to buy myself.

At that time, it was said that the down payment was paid in two installments, and now a part of it has been paid, which is not possible under normal circumstances.

You go to the place where you bought the house and ask.

Default fees may apply.

Legal seepage analysis: it cannot be returned, otherwise it will bear the liability for breach of contract. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for positive losses and regrets.

Legal basis: Article 186 of the Civil Code of the People's Republic of China: Where the personal rights and interests or property rights and interests of the other party are harmed due to a breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

I have already paid a down payment for a house and want to check out, what should I do? Can the house be returned? As long as your situation meets one of the following ten conditions, you can check out.

1. Housing quality problems seriously affect the use

According to the regulations, due to the quality of the house that seriously affects the normal residential use, such as the poor air quality in the house affects the health of indoor residents due to pre-construction reasons after the house is moved in, and the noise in the house affects the residence, etc., the buyer can request to move out and ask the developer to compensate for the loss.

2. The developer lacks valid certificates and approvals

According to the regulations, the developer must have complete documents to build a house and sell a house, if the developer's documents are incomplete, it is an illegal operation, and the sales contract signed by it is an invalid contract. Since it is an invalid contract, the buyer should vacate the house and the developer should refund the payment paid by the buyer.

3. I can't get the property right certificate

In real life, some developers are in arrears of land transfer fees and other problems occur from time to time, resulting in the buyers who buy these real estate can not get the house ownership certificate after moving in for many years, and then the buyers can ask to check out.

4. Delay in delivery

Generally speaking, the period of delay in the delivery of the house agreed in the contract is 30 days to 90 days, and if the developer fails to deliver the house beyond this period, the buyer can ask the developer to move out and ask for double the deposit or interest payment.

5. The developer changes the design without the consent of the buyer

If the developer changes the design of the house without the consent of the buyer, the buyer may request the developer to move out in accordance with the contract.

6. The error of the house area is more than 3%.

According to the regulations, when the error ratio of the floor area of the suite exceeds 3% of the absolute value, the buyer has the right to move out.

7. Unable to get a loan

If there is a problem with the information provided by the developer, the buyer can not obtain a provident fund loan, he can ask to move out. Similarly, if the buyer is unable to apply for a commercial mortgage loan due to the developer's reasons, he can also move out in accordance with the contract.

8. The quality of the foundation and main structure of the commercial housing is unqualified after testing

According to the regulations, if the quality of the foundation and main structure of the commercial housing is unqualified, the buyer can move out, and the developer shall refund all the paid housing payment and pay interest, and the actual loss caused by the buyer shall be borne by the developer, and the testing cost shall also be borne by the developer.

9. The quality of the house is unqualified

If it is difficult for the developer to obtain the "Completion Record Form" and cannot deliver the house, or if the quality of the main structure of the house is verified to be unqualified after the house is delivered, the buyer can check out.

10. The developer mortgages the house

If the developer mortgages the house sold before the first house, or mortgages the house to a third party after selling it to the buyer, according to the relevant laws and regulations, the contract is invalid and the buyer can request to move out if the house is sold without informing the buyer that the property has been mortgaged.

Click to receive the red envelope for house viewing, and receive 100 yuan in cash directly.

You need to agree with the seller to check out, in general, as long as you and the developer have signed a sales contract, checking out is a breach of contract, you need to pay liquidated damages and the other party agrees to terminate the contract.

The down payment is the first advance payment when buying a house, and the amount should generally be more than 30% of the total house price.

In principle, the buyer should sign the purchase contract immediately after paying the down payment, but if the buyer asks to move out halfway, the developer has the right to deduct part of the buyer's liquidated damages, because the house purchase and sale behavior has been formed from the time the buyer pays the deposit.

If the sales office helps you get a mortgage, you look for the sales office, and if you can't do it, you should be able to ask to check out, if you don't agree, you can deal with it according to the contract. If you handle it yourself, you can't handle the mortgage yourself. You can discuss the problem of checking out with the sales office, they can return if they agree, and if they don't agree, they can't return, if you have to return, the down payment will be theirs, and you can sell the house if it doesn't work.

Once the buyer has signed a contract for the sale and purchase of commercial housing with the developer, it is difficult for the developer to unconditionally vacate the buyer unless there are statutory or contractual circumstances. However, if the following eight situations occur, the buyer may request to move out.

First, the absolute value of the error between the measured area and the area agreed in the contract exceeds 3%;

Second, the developer's late delivery constitutes a fundamental breach of contract, that is, the late delivery reaches the check-out date agreed in the contract;

Third, the developer changes the planning and design and affects the structural form, house type, space size and orientation of the house;

Fourth, the developer pre-sells houses that have not obtained the pre-sale permit for commercial housing (except for those who deliberately conceal the pre-sale permit without obtaining the pre-sale permit);

Fifth, the quality of the main structure of the house delivered by the developer is unqualified or the quality of the house seriously affects the normal use of the house;

Sixth, the transfer of property rights cannot or cannot be handled on time;

Seventh, the buyer's loan application is not approved, and the parties to the contract cannot agree on the payment method;

Eighth, when other check-out conditions agreed in the contract appear.

To sum up, if the developer agrees to coordinate the check-out between the two parties, and is willing to cooperate with you to check out, it has little to do with whether to open a down payment invoice, the developer is willing to return, then the down payment invoice will be returned to the developer, but basically will not agree with you, unless the developer of the first-hand house price has risen a lot, the original sale of you such as 6k and you signed a commercial housing sales contract, now you can buy 1w to another customer, but the house price ** you can not go to check out.

If the down payment is signed.

It's hard to say. It depends on whether the developer has a conscience or not. Generally speaking, if you lack legal protection, you may have to deduct some, you can communicate well! If you went to the bank to get a mortgage

There's no hope.

First, this needs to be negotiated with the developer first, and the developer's consent can be obtained before moving out, and the developer will generally require a certain amount of liquidated damages for the buyer to check out. For details, please refer to the relevant provisions in the purchase contract. 2. Procedures for checking out of commercial housing:

In the first step, the buyer sends out a notice to move out. The buyer can submit to the developer by letter, fax or form. If the property is checked out due to the developer's responsibility, the developer shall bear the losses caused by the move-out, including loan interest, deposit interest on the down payment, taxes and fees for the purchase of the house, etc.; If the compensation standard for moving out is agreed in the purchase contract, it shall be handled according to the contract, and if the compensation standard agreed in the contract is insufficient to make up for the loss, compensation may be claimed separately; If the buyer's loan application is not approved, and the two parties to the contract cannot agree on the payment method, etc., the developer does not need to be liable for compensation.

The second step is to complete all procedures within 15 days. Within 15 days after the buyer requests to move out, the developer shall refund all the money paid by the buyer, and shall be responsible for all the procedures for the buyer to terminate or terminate the contract with the lending bank. In the third step, the developer refunds the payment.

The developer shall, after the buyer issues a notice to move out, return the full purchase price to the buyer, and complete the repayment procedures with the provident fund management agency or the lending bank. If the above contents cannot be completed, the developer shall pay the corresponding liquidated damages to the buyer every day from the 16th day after the buyer sends the notice of vacating to the date when the buyer obtains the full payment.