Can I return the house after I have bought it and have filed it, and can I return it after the house

After signing the purchase contract, the seller's consent is required when moving out. Without consent, it is a breach of the contract, and it is necessary to bear the liability for breach of contract in accordance with the contract. Such as paying liquidated damages or compensating for damages.

In general, the circumstances under which buyers can move out mainly include the following:

1. Deferred delivery of housing. After the delivery date agreed in the contract between the developer and the buyer, the developer has not been notified of occupancy for a long time. According to the current Judicial Interpretation, if the developer fails to perform the property within a reasonable period of three months after being urged by the buyer, the buyer has the right to request the developer to move out of the property and request the return of the deposit or the payment of interest on the house price.

2. The contract is invalid. The reason for the invalidity of the contract is mostly due to the incomplete procedures of the developer, and the developer must have complete documents before building and selling the house. If the developer's documents are incomplete, it is an illegal operation, and the contract signed with the buyer is invalid.

Since it is an invalid contract, the developer shall return the payment paid by the buyer.

3. The developer changes the design without the consent of the buyer. In the contract signed between the buyer and the developer, it is generally stipulated that the developer must obtain the consent of the buyer before changing the design. Otherwise, the developer is in breach of contract and the buyer has the right to move out.

In the event that 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.

Fourth, the error of the house area is more than 3%. If the absolute value of the error ratio between the measured area of the house at the time of delivery and the tentative area at the time of signing the contract exceeds 3%, the buyer can propose to move out and request a refund of interest.

Fifth, the quality of the house is unqualified and affects the use. According to the latest judicial interpretation, if the quality of the house affects the normal residential use, the buyer can propose to move out and request the developer to compensate for the loss. If the quality of the main structure is unqualified, it can be entrusted to the engineering quality inspection agency to re-verify in accordance with the relevant regulations.

Sixth, the property rights of the house are not clear. If there is a mortgage, seizure or other economic dispute.

7. There are other problems such as contract fraud. The developer mortgages the house sold before the first house, or mortgages the house to others after selling it to the buyer, and the buyer can sue to determine that the purchase contract is invalid and require to move out. In addition, the common circumstances that cause the invalidity of the purchase contract are that the developer has not obtained the pre-sale permit; The house is common property without the written consent of the other co-owners; The ownership of the house is disputed, and the judicial or administrative organs rule or decide to seal it up or otherwise restrict the rights of the house in accordance with the law.

8. Delay in the registration of house ownership. More than one year after the expiration of the registration of house ownership that shall be handled according to the agreement of the sales contract or the law, the registration of house ownership cannot be handled due to the reasons of the developer.

9. The mortgage contract cannot be handled. Failure to conclude a mortgage contract due to reasons not attributable to both parties and the failure to apply for a mortgage loan.

10. Transfer of projects under construction. If the developer wants to transfer the construction in progress, it shall notify the purchaser in writing, and the purchaser has the right to request to move out within 30 days from the date of receipt of the notice.

The house can also be checked out after the record, but after signing the purchase contract, the seller's consent is required when checking out, and without the consent of the seller, it is a breach of contract, and it is necessary to bear the liability for breach of contract in accordance with the contract, pay liquidated damages or compensate the seller for losses. The specific check-out process is as follows: 1. The buyer issues a check-out notice

The buyer can submit to the developer to check out within 15 days after the buyer requests to move out, the developer shall refund all the house payments paid by the buyer, and be responsible for all the procedures for the buyer to dissolve or terminate the contract with the loan bank, and the developer shall pay the principal and interest paid monthly to the loan bank on behalf of the buyer before the procedures or documents have not been signed; 3. The developer shall refund the house payment: the developer shall return all the purchase money to the buyer after the buyer issues a notice to move out, and complete the repayment procedures of the provident fund management agency or the lending bank, if the above content 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 check-out to the date when the buyer obtains all the house payment.

The abstract is OK.

If the contract has been filed but the real estate certificate has not been processed, if the buyer and seller have a house in default, they can move out, and if the developer is in default, the owner can ask to move 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.

Can the house filed with the real estate bureau still be returned?

If the contract has been filed but the real estate certificate has not yet been processed, if the buyer and seller have a house in default, they can check out, and if the developer is in breach of contract, the owner can ask to move out, refund 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.

Now the real estate bureau says it's because of us.

Claim a 20% deduction for liquidated damages.

Is this reasonable? How much liquidated damages are deducted, they stipulate themselves, and there is nothing unreasonable.

When the developer first bought the house, he had already checked the qualifications to buy a house and could take out a loan, so he made a down payment, and then shirked not to apply for a mortgage for various reasons, and now he said that the bank policy has changed, and the down payment needs to be increased to take out a loan.

Deceive customers directly.

Developer Infringement.

Now the developer also says that we have a loan in the near future, which also affects the loan, and puts the responsibility on ourselves, how can I defend my rights?

You can see you in court.

Do you need to gather any evidence? signed contracts, the developer also does not give.

1. First negotiate with the real estate developer, and sign a check-out agreement with the real estate developer after obtaining the consent of the sales bend.

2. Liang Doosan and then go to the housing authority to revoke the record, but in principle, if there are no special circumstances in the house, the developer is not allowed to return it after the record.

3. Unless there is an abnormal subscription letter in the content of the sales contract, or the developer does not have the corresponding approval and certificate.

The reason why the real estate should be registered and filed is to prevent the phenomenon of multiple mortgages. According to the relevant regulations, if the pre-sold commercial housing has gone through the mortgage procedures, then it cannot apply for a mortgage again.

1. First negotiate with the real estate developer, and sign a check-out agreement with it after obtaining consent.

2. Then go to the housing authority to revoke the record, but in principle, if there are no special circumstances in the house, the developer is not allowed to return it after the record.

3. Unless there is an abnormal content of the subscription letter in the content of the sales contract, or the developer does not have the corresponding approval and certificates.

The reason why the property needs to be registered is to prevent the phenomenon of multiple mortgages. According to the relevant regulations of Yanchong, if the pre-sold commercial housing has gone through the mortgage procedures, then it cannot apply for a mortgage again.