Can I return my newly bought commercial house if I don t want it? 15

Can I return the house I bought if I don't want it? Meet these.

It can be refunded, and it is recommended to consult the Real Estate Bureau for specific details, after all, it is an authority!

1. If you don't want to buy a house, you can return it as follows:

1) If the developer delays the delivery of the house and fails to deliver the house in accordance with the time specified in the contract, the exact delivery time specified in the purchase contract exceeds a certain period of time for delivery, and the refund can be carried out in accordance with the terms in the contract;

2) If the purchase contract is signed, but the developer's five certificates are not complete, such a contract has no legal effect, and the developer can be required to move out, and the developer must also compensate for the interest during the period.

2. Legal basis: Article 577 of the Civil Code of the People's Republic of China.

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.

Article 580.

If one of the parties fails to perform a non-monetary debt or the performance of a non-monetary debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances:

1) Legally or factually unable to perform;

2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive;

3) The creditor does not request performance within a reasonable period of time.

Where there are any of the exceptions provided for in the preceding paragraph, resulting in the inability to achieve the purpose of the contract, the people's court or arbitration institution may, at the request of the parties, terminate the contractual rights and obligations, but this does not affect the assumption of liability for breach of contract.

2. What is the check-out process?

The check-out process is as follows:

1. Send out a check-out notice. The buyer can submit to the developer by letter, fax or so on. 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;

Complete the formalities within a few 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 dissolve or terminate the contract with the lending bank.

3. 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 issues the notice of departure to the date when the buyer obtains the full payment.

It will be too much of a loss to check out, so you can sell it and try it.

Can I return the house I bought if I don't want it? Meet these.

The commercial housing that has been purchased can be refunded. If it is due to the fact that after the house is delivered, the quality of the main structure is verified to be unqualified; or if the quality of the house seriously affects the normal residential use, the buyer can check out and claim compensation for losses; If it is the buyer's intention to breach the contract, the buyer can move out after the contract is terminated, but the buyer shall bear the liability for breach of contract.

[Legal basis].

Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing.

If the buyer requests to terminate the contract and compensate for losses if the quality of the main structure of the house is unsatisfactory because the quality of the main structure of the house is unqualified, or if the quality of the main structure of the house is verified to be unsatisfactory after the house is delivered for use, it shall be supported.

Article 10. If the buyer's request to terminate the contract and compensate for losses is seriously affected by the quality of the house, it shall be supported.

Article 11. According to Article 563 of the Civil Code, if the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

Yes, but you will have to bear certain liability for breach of contract. If you buy a house and pay a down payment, you can't check out at will if you don't want to buy it.

Because the sales contract is legal and valid, it cannot be terminated at will. If the other party agrees to terminate the contract after negotiation, the buyer may also have to bear certain liability for breach of contract and compensate the other party for losses, so the down payment must not be refunded in full.

However, it is possible to check out under the following conditions:

Generally, if the developer fails to deliver the house for more than 3 months, the buyer can ask the developer to move out and ask for a double return of the deposit or the payment of interest on the silver house.

There is no property right certificate, due to the developer's reasons, the buyer has not obtained the property right certificate of the house within the agreed period of the contract, if there is such a check-out condition, Lu Yi can ask to check out.

The developer's documents are incomplete, and the developer must have complete documents before building a house and selling a house. If the developer's documents are incomplete, it is a violation of the law, and the contract signed with the buyer is invalid.

If the error of the area exceeds 3%, if the error ratio between the measured area of the house and the tentative area of the contract at the time of delivery exceeds 3%, the buyer can propose to move out and ask for a refund of interest.

There are quality problems with the main structure, such as the foundation settlement exceeding the allowable value, the deformation of the reinforced concrete structure, the strength of the masonry structure, etc., and the quality is unqualified for verification by the testing agency.

We hope you find the above helpful, and if you still have any questions, please consult a professional lawyer.

[Legal basis].

Article 119 of the Civil Code of the People's Republic of China.

A contract established in accordance with the law is legally binding on the parties.

Article 562.

The parties may terminate the contract by consensus.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 186.

If 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.

The commercial housing that has been rented and purchased can be refunded if the parties have reached a consensus through consultation or meet the agreed and statutory circumstances. If the party unilaterally checks out, it is a breach of contract, and it shall bear the liability for breach of contract and compensate the other party for the losses suffered by the other party, including the benefits that can be obtained after the performance of the contract. If liquidated damages are stipulated in the contract, compensation shall be made in accordance with the contract.

[Legal basis].Article 562 of the Civil Code of the People's Republic of China [Termination of Contract] The parties may terminate the contract if they reach a consensus through consultation. The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

If you don't want the house you bought, you can return it. If it is the developer's own responsibility to cause the move-out, it will be the developer's own responsibility for the losses caused by the move-out, including the taxes and fees for the purchase of the house, the interest fee on the mortgage, the interest fee on the down payment deposit, etc. If the purchase contract clearly stipulates that the relevant compensation standard for moving out of the house will be handled according to the contract standard.

If the purchaser wants to check out for his own reasons, he should bear the corresponding liability for breach of contract, if there is a deposit, the deposit will not be returned, and if there is an agreement, it shall be borne in accordance with the agreed way, and if there is no agreement, the two parties can negotiate to 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, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract.

Civil Code of the People's Republic of China

Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; However, it is not permissible to be cautious in exceeding the losses that the breaching party foresaw or should have foreseen at the time of entering into the contract.