Under what circumstances can the buyer check out, and under what circumstances can the buyer request

The circumstances under which the buyer can check out are:

1) Liquidated damages will be paid for late check-out.

According to Article 94 of the Contract Law and relevant judicial interpretations, if the developer fails to deliver the house within the time limit promised in the contract after signing the purchase contract, and fails to perform 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 and request the return of the deposit or the payment of interest.

2) The advertisement is inconsistent with the advertisement.

At the time of purchase, the sales advertisement has a substantial impact on the buyer, so it should also be regarded as one of the contents of the contract, and if the developer violates the content of the sales advertisement, he will be held liable, and the buyer has the right to ask to move out.

3) Pre-sale in advance without full certificates.

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 stipulates that if the developer's documents are incomplete, it is an illegal operation, and the contract signed with the buyer is invalid, and the developer shall return the house payment paid by the buyer.

4) The circumstances under which consumers can check out also include the following:

1. Due to the developer's reasons, the buyer cannot get the property right certificate within the time limit agreed in the contract, if the contract has an agreement on this item, the buyer can request to move out.

2. If the absolute value of the error ratio between the measured area of the house and the tentative area at the time of signing the contract exceeds 3%, you can ask to move out and ask for a refund of interest.

3. The quality of the house seriously affects the use. Due to the quality of the house, which seriously affects the normal residential use, the buyer can propose to move out and ask the developer to compensate for the loss.

4. There are mortgages, joint construction or other economic disputes in the house. If the developer mortgages the house sold before the first house, or mortgages the house to others after selling it to the buyer, the buyer can ask to move out after finding out.

5. The buyer's loan application is not approved, and the two parties to the contract cannot agree on the payment method.

6. Other check-out conditions agreed in the contract appear.

When can I check out?

There is a deviation in the size of the house.

If there is a deviation of 3% in the area of the house, and the absolute value of the error between the floor area of the house or the area in the suite delivered by the developer and the area agreed in the contract exceeds 3% during the inspection, the buyer has the right to terminate the house sale contract and claim compensation from the developer according to the law.

Late delivery. If the new house is not delivered within the time agreed in the contract, and the buyer fails to deliver the house within a reasonable period of time after being reminded, the buyer has the right to terminate the purchase contract and demand compensation from the developer.

Unauthorized alteration of the housing plan and design.

When the developer is found to have changed the structure of the house, the use of the house, etc., without informing the buyer, the buyer has the right to terminate the contract of sale and purchase of the house and claim compensation from the developer.

The main body of the house is of unacceptable quality.

For example, if the buyer buys a house and the house continues to leak, seepage and wall cracks, resulting in the buyer's inability to live and use normally, the buyer has the right to terminate the house sales contract and may claim compensation from the developer.

The title deed cannot be processed on time.

If the buyer fails to obtain the real estate certificate within the time limit prescribed by law and the contract after purchasing the house, and fails to obtain the real estate certificate for more than one year after the expiration of the period, the buyer has the right to terminate the contract due to the reasons of the developer or the seller.

The buyer was unable to apply for a bank loan.

If the bank mortgage loan cannot be obtained due to reasons not attributable to the buyer and the seller, the buyer has the right to terminate the contract for the sale and purchase of the house. If the developer is not at fault for checking out for this reason, he shall not be liable for compensation.

More than one house is sold or the house is mortgaged.

Many developers have the phenomenon of selling more than one house, for example: after the buyer signs the contract for the sale of Minlu, and the developer gives the house to a third party, the buyer has the right to terminate the contract. In addition, if the buyer finds that the house has been secretly mortgaged by the developer to other banks, the buyer has the right to terminate the house sale contract on this ground.

The developer is not qualified to sell.

Generally, it is stipulated in the contract for the sale and purchase of commercial housing that if the seller fails to obtain the ownership certificate of the building where the commercial housing is located within the agreed time limit, it can also be a reason for the buyer to move out.

Check-out to protect the rights and interests of buyers is a last resort, and when asking to move out, the house sale contract signed by the buyer and the seller is very important and important to protect their own rights and interests, so the signing of the contract must be very meticulous and careful.

Legal analysis: The buyer can move out under the following circumstances: 1. After the purchase contract is confirmed to be invalid in accordance with the law, the buyer has the right to move out.

2. After the purchase contract is revoked in accordance with the law, the buyer has the right to move out. 3. If the mortgage is not possible, the buyer has the right to move out. 4. If the developer delays the delivery of the house or delays the application for the property right certificate for more than a certain period of time, the buyer has the right to move out.

5. If the error of the area of the house exceeds 3% of the absolute value, the buyer has the right to move out, etc.

Legal basis: Interpretation of the Supreme People's Court of Yuling on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts Article 11 According to the provisions of 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. If the law does not provide or the parties have not agreed, a reasonable period of time for exercising the right of rescission shall be three months after being urged by the other party.

If the other party does not urge the other party, the person who has the right of rescission shall exercise it within one year from the date on which he knows or should know the reasons for the rescission of the disorder. If it is not exercised within the time limit, the right of rescission shall be extinguished.