Can I still check out after signing a pre sale contract for commercial housing?

1. The house that has signed the pre-sale contract can still be returned, but the responsibilities of the buyer and seller should be clearly divided according to the reason for moving out.

2. If the buyer takes the initiative to violate the relevant content of the agreement, the buyer shall pay the developer liquidated damages in accordance with the relevant compensation ratio of the contract content.

3. If the seller breaches the contract, the developer shall be held accountable and compensated in accordance with the relevant provisions of the signed purchase agreement.

4. If the purchase contract has been filed with the Housing Authority, the developer and the buyer need to go to the Housing Authority to apply for the cancellation of the filing procedures of the purchase contractAccording to the relevant laws and regulations of China and specific operational practices, the conditions for checking out mainly include agreed conditions and statutory conditions.

After signing the pre-sale contract, the house can be refunded, but it may face liability for breach of contract, and it can be refunded directly if there are statutory or agreed termination conditions. If you want to move out due to the seller's breach of contract or fraud, you can directly claim to terminate the contract. If you want to check out for your own reasons, you need to bear the liability for breach of contract.

Once the contract for the sale of a house is signed, there is no statutory reason for invalidity and it will take effect from the date of signing, and the parties shall perform their obligations in accordance with the contract.

[Legal basis].

Article 186 of the Civil Code: Where the personal rights and interests or property rights and interests of the other party are harmed due to the 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. Article 458:Possession based on contractual relationships, etc., and the use, income, and liability for breach of contract of immovable or movable property shall be in accordance with the provisions of the contract; Where there is no agreement in the contract or the agreement is not clear, follow the relevant laws and regulations.

1. If the purpose of the purchase contract cannot be realized due to force majeure, the buyer has the right to terminate the contract.

2. The seller expressly breaches the contract. Before the expiration of the performance period, if the seller of the house clearly states or shows by his own behavior that he will not perform the main debt, that is, the seller clearly states that he will not deliver the house, the buyer has the right to terminate the contract.

3. ** and then mortgaged. After the conclusion of the contract for the sale and purchase of commercial housing, if the seller fails to inform the buyer that the house will be mortgaged to a third party, resulting in the failure of the buyer's purpose of the purchase contract, the buyer has the right to terminate the contract.

4. One house and two sales. If the seller sells the house to a third party after the conclusion of the contract for the sale and purchase of commercial housing, resulting in the failure to achieve the purpose of the buyer's purchase contract, the buyer has the right to terminate the contract.

5. Concealing the fact of selling houses without a license. If the seller deliberately conceals the fact that he has not obtained the pre-sale permit certificate of the commercial housing or provides a false pre-sale permit certificate, the buyer has the right to terminate the contract.

6. Concealing the fact of housing mortgage. If the seller deliberately conceals the fact that the house sold has been mortgaged, the buyer has the right to terminate the contract.

7. Concealing the fact that the house has been sold or resettled for demolition. If the seller deliberately conceals the fact that the house sold has been sold to a third party or the house has been resettled for demolition compensation, the buyer has the right to terminate the contract.

8. The main structure of the house is unqualified. If the main body of the house cannot be delivered for use due to unqualified quality or after delivery, the quality of the main body of the house is found to be unqualified after inspection, and the buyer has the right to terminate the contract.

9. There are serious quality problems in the house. If the normal residence is seriously affected by the quality of the house, the buyer has the right to terminate the contract.

10. The area error ratio is more than 3%. If the floor area or construction area of the house delivered by the seller is inconsistent with the area agreed in the contract for the sale and purchase of commercial housing, and the contract has an agreed treatment method or the agreed treatment method is not clear, if the area error ratio exceeds 3% of the absolute value, the buyer has the right to terminate the contract and request a refund of the purchase price and interest.

11. Excessive delay in the delivery of the house. If the seller delays the delivery of the house and fails to perform within a reasonable period of three months after being reminded, the buyer has the right to terminate the contract.

12. Excessive delay in the transfer of property rights. The time limit for the registration of housing ownership as stipulated in the contract for the sale and purchase of commercial housing or as stipulated in Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation (the subject matter of the contract for the sale and purchase of commercial housing is Wuhu who has not yet completed the house, 90 days from the date of delivery of the house; If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, more than one year after the expiration of the contract within 90 days from the date of conclusion of the contract, if the buyer is unable to register the ownership of the house due to the seller's reasons, the buyer has the right to terminate the contract.

In individual cases, such as in the five cases of Grounds 3 to 7 above, the buyer may also request the court to order the seller to be liable for compensation not exceeding one time of the purchase price paid.

13. The purpose is frustrated:

Example: The value of the house cannot be reconciled.

14. Other breach of contract:

There is nothing wrong with the house itself, but there is a default on the terms attached to it that have a significant impact on the value of the house.

Hello, I am happy to answer for you, you can check out after signing the pre-sale contract, but you should bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses, and the amount of compensation for losses should be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract. According to Article 6 of the Administrative Measures for the Sales of Commodity Housing, the pre-sale permit system is implemented for the pre-sale of commercial housing. The pre-sale conditions of commercial housing and the procedures for the pre-sale permit of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Operation and the Administrative Measures for the Pre-sale of Urban Commercial Housing.

Article 10 stipulates that a real estate development enterprise shall not resell the commercial housing that is the subject matter of the contract to others before the contract for the sale and purchase of commercial housing is terminated. According to Article 577 of the Civil Code, if a party 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 measures to replenish the spirit and rescuing the sky, or compensating for losses. According to Article 6 of the Administrative Measures for the Sales of Commodity Housing, the pre-sale permit system shall be implemented for the pre-sale of commercial housing.

The procedures for the pre-sale of commercial housing and the pre-sale permit certificate of commercial housing shall be implemented in accordance with the relevant provisions of the Regulations on the Administration of Urban Real Estate Development and Management and the Administrative Measures for the Pre-sale of Urban Commercial Housing. Article 10 of the Administrative Measures for the Sales of Commodity Housing stipulates that real estate development enterprises shall not resell the commercial housing that is the subject matter of the contract to others before the contract for the sale and purchase of commercial housing is terminated. Article 577 of the Civil Code provides that 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 losses.