After paying the down payment and signing the subscription agreement, I found that the five certific

Updated on society 2024-03-28
5 answers
  1. Anonymous users2024-02-07

    The subscription agreement you signed should be the developer's internal contract, you can check out, but you have to see if there are liquidated damages in the contract, generally it will be 1/10,000 to 2/10,000, you can check out according to the situation. Then there is that you should not have signed online, then your contract is not filed with the real estate bureau, it should be easy to check out, don't be frightened by the developer, they are sideways, you can return it without breach of contract, and there is a way, I don't know if you bought the house that year, whether the house has appreciated now, if it appreciates, it is recommended to sell it directly, this knowledge is relatively large, not much to say, I hope it will help you.

  2. Anonymous users2024-02-06

    You can check out without signing a purchase contract. From the date of signing the agreement between the parties, if there is no special agreement, the contract is effective and protected by law. According to the current law, there are two main types of check-out conditions: agreed conditions and statutory conditions.

    Agreed conditions refer to the conditions under which the buyer and the developer agree in the purchase contract that they can move out. If the developer delays the delivery of the house for more than a certain period of time, the community planning or supporting facilities do not conform to the content expressed in the sales advertisement or sales brochure, and the property right certificate cannot be obtained within a certain period of time. According to the Contract Law, since the parties have agreed on the specific conditions for moving out, and the buyer has evidence to prove that the conditions are valid, the buyer can notify the developer to terminate the contract.

    In this case, once the owner sues, even if the developer prevaricates, it will be upheld by the court. According to the provisions of the relevant judicial interpretations, if the contract for the sale and purchase of commercial housing cannot be concluded due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer. Specifically, if the contract cannot be concluded due to the reasons of the buyer, the seller will not return the deposit paid; If the seller fails to conclude a contract for the sale and purchase of commercial housing due to reasons attributable to the seller, the deposit collected shall be returned to the buyer twice.

    Legal basis: Article 3 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 Commodity Housing Sales Contracts Article 3 If the seller accepts a deposit from the buyer as a guarantee for the conclusion of a commercial housing sales contract by means of subscription, ordering, reservation, etc., if it fails to conclude a commercial housing sales contract due to the reasons of one of the parties, it shall be handled in accordance with the provisions of the law on deposits; If the contract for the sale and purchase of commercial housing cannot be concluded due to reasons not attributable to both parties, the seller shall return the deposit to the buyer.

  3. Anonymous users2024-02-05

    It is possible to request to check out, but the deposit may be lost.

  4. Anonymous users2024-02-04

    If you meet 6 conditions, you can return the house if you buy a house:

    1. Delay in delivery.

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

    2. 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, and if there are such conditions for moving out, he can request to move out.

    3. The developer's documents are incomplete.

    Developers must have all the documents to build a house and sell 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.

    Fourth, the area error is more than 3%.

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

    Fifth, there is a problem with the quality of the main structure.

    The quality problems such as the settlement of the foundation exceeding the allowable value, the deformation of the reinforced concrete structure, and the strength of the masonry structure are verified by the testing agency as unqualified.

    6. The developer changes the design without authorization.

    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.

  5. Anonymous users2024-02-03

    If you pay the down payment for the off-plan house and find that the five certificates are incomplete, and you cannot apply for the real estate certificate within the agreed time, you can ask to cancel the contract and ask for a refund.

    Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts, if the buyer fails to obtain the housing ownership certificate within the following time limits, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties:

    1) The time limit for the registration of house ownership as agreed in the contract for the sale and purchase of commercial housing;

    2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built, it shall be 90 days from the date of delivery of the house;

    3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.

    1. The developer notifies that the real estate certificate will be completed in a few days.

    The developer shall apply for the real estate certificate within the registration period agreed in the contract for the sale and purchase of commercial housing. If the subject matter of the commercial housing sales contract is a house that has not yet been built, the real estate certificate shall be handled within 90 days from the date of delivery of the houseIf the subject matter of the contract for the sale and purchase of commercial housing is a completed house, the real estate certificate shall be handled within 90 days from the date of conclusion of the contract.

    2. When to apply for the real estate certificate for the off-plan property.

    The real estate certificate of the off-plan house shall be handled at the housing registration management department within 90 days after the house is handed over. According to the judicial interpretation issued by the Supreme People's Court of China, if the buyer fails to obtain the certificate of ownership of the immovable property at the expiration of the time limit due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties.

    Article 14 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 Commercial Housing Sales Contracts.

    If the buyer fails to obtain the certificate of ownership of the immovable property within the following time limits due to reasons attributable to the seller, the seller shall be liable for breach of contract unless otherwise agreed by the parties:

    1) the time limit for the registration of immovable property as agreed in the contract for the sale and purchase of commercial housing;

    2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built, it shall be 90 days from the date of delivery of the house;

    3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.

    If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid, with reference to the standards for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

Related questions
8 answers2024-03-28

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. >>>More

14 answers2024-03-28

**Huabei installment can have 0 down payment.

15 answers2024-03-28

Let's do the math, make a down payment first, and then add a installment and pay it back in advance. The second month (that is, the next month) has already been paid, and you can also pay in one installment. If you calculate it this way, the first one (this month or next month) can be paid in two installments, and the rest can be repaid in four installments, that is, the first payment in this month, and the rest is expected to be paid off in November, if you only pay the down payment and pay two installments next month, it will have to be in December. >>>More