Can I still get a refund for a house that has signed a pre sale purchase contract and filed with the

Generally speaking, it is possible to check out after signing a pre-sale contract. The so-called pre-sale contract of commercial housing actually refers to the evidence of agreement between the pre-sale sales department of commercial housing and the pre-made purchaser, and the pre-sale seller transfers the completed finished housing right to the pre-purchaser within the agreed time of the pre-purchaser, and the pre-purchaser accepts the written agreement of the house according to the deposit given by the pre-seller, or part of the house payment and accepts the house within the time limit. Although it is generally possible to check out, it is necessary to bear the liability for breach of contract.

The liability for breach of contract shall be determined according to the reason for moving out. If the buyer voluntarily violates the relevant content of the contract, the buyer shall pay the developer liquidated damages in accordance with the relevant agreed compensation ratio of the contract content. If the seller breaches the contract, the developer will be held liable and compensated in accordance with the relevant provisions of the purchase agreement.

In addition, if the pre-sale contract has been filed with the housing authority after signing the pre-sale contract, you need to go to the housing authority to cancel the filing. At present, local housing authorities have set very strict requirements for the revocation of the record, and conduct strict review. The original intention of this policy is to prevent malicious property speculation, so it is necessary to reach an agreement with the developer when it comes to revoking the record.

After the commercial housing contract is recorded, the buyer can check out, but the buyer shall bear the corresponding liability for breach of contract in accordance with the contract. If the developer has a statutory breach of contract such as overdue delivery of the house for more than a certain period of time, the quality of the house does not meet the standards agreed in the contract, and the house ownership certificate cannot be obtained according to the contract, the buyer can move out directly and does not need to pay compensation.

[Legal basis].Article 563 of the Civil Code.

The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

How to check out for the record of the purchase contract? After figuring out these 3 points, you can check out.

How to deal with the purchase contract after checking out after the real estate bureau has been recorded, first, how to deal with the house purchase contract after the real estate bureau has been filed if the contract has been filed but the real estate certificate has not been processed, if the buyer and seller have a house in breach of contract, they can check out, if the developer is in breach of contract, the owner can ask to check out, return all the fees paid and compensate. If the real estate certificate has been processed and the buyer and seller have breached the contract, after checking out and compensating, both parties must go to the real estate issuing authority to go through the procedures for the transfer or cancellation of the real estate certificate. How to check out:

1) The buyer issues 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 shall not be liable for compensation.

2) Complete all kinds of 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.

3) The developer will refund the payment for the house. 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.

2. What should I do if the seller defaults on the developer's default and refuses to check outUnder normal circumstances, if the buyer wants to check out, the seller will not agree. What if the buyer asks to move out in the event of a default by the seller?

1) If the seller has breached the contract but refuses to move out, the buyer can communicate and negotiate with the developer first. In the current situation of rising housing prices, if the check-out is only a refund of the original purchase price, the buyer will often suffer losses. Therefore, from a financial point of view, checking out may not be a very wise choice.

The buyer can negotiate with the developer and ask the developer to compensate for the damage caused by the breach by other means, such as paying liquidated damages.

2) If the negotiation fails, the buyer can file a lawsuit with the court to request the termination of the contract, and at the same time claim that the seller bears the liability for breach of contract or compensation, and at the same time pay for the losses suffered by himself due to moving out, such as lost work expenses, car fares, etc.