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Hello, according to the relevant laws and regulations of our country and specific operational practices, the conditions for check-out mainly include 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 real estate agent delays the delivery of the property for more than a certain period, the buyer can ask to move out.
According to the basic principles stipulated in the Contract Law, if the parties have agreed on the specific conditions for moving out, and the buyer can prove that the conditions are valid, if the buyer sues the court to request the move-out, it will generally be supported.
Choosing to check out generally involves liquidated damages, and let's talk about the liquidated damages:
1. The amount of liquidated damages for check-out.
Liability for breach of contract depends on the contract and the law, and the agreement takes precedence. Therefore, if the contract stipulates the liability for breach of contract and specifies the specific amount of liquidated damages, it shall prevail; If there is no agreement, it shall be handled in accordance with the provisions of the law, such as: if the party paying the deposit breaches the contract, the deposit will not be returned; If the party collecting the deposit defaults, the deposit will be refunded twice.
Where both parties are at fault, share them according to the degree of their respective faults. If the liquidated damages are insufficient to make up for the losses, the breaching party may be required to compensate for the losses suffered by the other party; If the liquidated damages are too high, you may also request a reduction in the amount of compensation.
2. Procedures for liquidated damages for check-out.
First of all, write a "check-out application", when writing the "check-out application", you must pay attention to whether you want to bear the liability for breach of contract, if you want to bear the liability for breach of contract, you must clarify the amount of liquidated damages or the calculation method of liquidated damages;
Secondly, if the check-out application is approved and the "Termination Agreement" is signed with the developer, in the "Termination Agreement", it is necessary to clarify when to go to the housing management department to check out, second, to clarify when to refund the purchase price, and third, to clarify the corresponding liability for breach of contract; Finally, before getting the check-out payment, be sure to keep the receipts, contracts and other relevant original documents, so that you can protect your rights in case of disputes. Hope!
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Direct breach of contract, pay attention to the default clause!
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You can check out without signing a purchase contract. From the date of signing the agreement between the two parties, if there is no special agreement, the contract will take effect and be protected by law, and the contract has not yet been established.
Article 490 of the Civil Code of the People's Republic of China Where a party concludes a contract in the form of a written contract, the contract shall be established when both parties sign, affix their seals or press their fingerprints. The contract is formed when one of the parties has fulfilled its primary obligations and the other party has accepted it before signing, stamping or fingerprinting.
When laws and administrative regulations stipulate or the parties agree that the contract shall be concluded in written form, and the parties do not use the written form but one party has performed its main obligations and the other party accepts it, the contract shall be established.
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Legal analysis: If you don't sign a purchase contract, whether you can check out depends on the situation. In the case of wanting to move out without signing a purchase contract, it mainly depends on the negotiation between the buyer and the seller, as well as the terms of the contract.
If the buyer and the seller reach a consensus through consultation, or if the purpose of the contract cannot be realized due to force majeure, the contract can generally be terminated, in which case, the buyer can terminate the contract and move out. However, if the seller is not at fault, in this case the property will be settled according to the terms of the contract signed between the buyer and the seller at that time, and the buyer may be liable for the corresponding breach of contract.
Legal basis: Civil Code of the People's Republic of China
Article 562:The parties may terminate the contract if they reach a consensus through consultation.
Article 563: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.
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Summary. Hello, you can, but the deposit is non-refundable. Circumstances in which the deposit can be refunded include:
1. If the party receiving the deposit defaults, it needs to return the deposit twice; 2. The two parties shall terminate the contract through negotiation, and the party receiving the deposit shall return the deposit. If the party paying the deposit fails to perform the agreed debt, it shall not be entitled to demand the return of the deposit. If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice.
Article 587 of the Civil Code: Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
Hello, you can, but the deposit is non-refundable. The circumstances in which the deposit can be refunded include: 1. The party receiving the deposit is in breach of contract and needs to return the deposit twice; 2. The two parties shall terminate the contract through negotiation, and the party receiving the deposit shall return the deposit.
If the party who pays the repentance pension fails to perform the agreed debt, it has no right to demand the return of the deposit. If the party receiving the deposit fails to perform the agreed debt, it shall return the deposit twice. Article 587 of the Civil Code Where the debtor performs its debts, the deposit shall be offset against the price or repaid for repayment.
If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
The contract hasn't been signed yet.
A contract is a contract.
The deposit is a deposit.
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If you sign a purchase agreement, you can check out without signing a contract. According to Chinese law, if the two parties agree on the specific conditions for moving out, and the buyer can prove that the condition is valid, if the buyer sues the court to request the move out when it is difficult to reach a consensus with the developer, it will generally be supported by the court.
Legal basis Article 563 of the Civil Code provides that 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) The party concerned 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. The above is the relevant answer and legal basis for the Yuling question, you can read it carefully. ”
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