I want to check out, how do I check out? Can I check out in any case?

1. Deposit (deposit or subscription) stage.

When the buyer has paid the deposit (deposit or subscription), but has not signed the formal "commercial housing pre-sale contract": if the buyer has paid the deposit (deposit or subscription) to the seller, but does not explain the nature of the payment, and there is no agreement, in this case, the buyer can directly ask the seller or his **person for the payment.

If the seller sells the project with the "pre-sale license" or property right certificate, the buyer and the seller have an agreement, the payment is a deposit, and if the buyer and the seller do not reach an agreement on the "commercial housing sales contract", and finally do not sign the contract, the payment will be confiscated, and the deposit will not be refunded. Lawyers Jiang Tao and Liu Guilin (Liu Guilin Blog, Liu Guilin News, Liu Guilin Say) believe that this kind of agreement violates the principle of fairness and justice, and should be an act of forced transaction, in which case the seller refuses to return the deposit, the buyer can directly sue the court, but Article 22 of the Administrative Measures for the Sales of Commercial Housing seems to agree with this agreement.

2. The pre-sale registration stage has been done.

If one of the parties is in breach of contract and cannot reach an agreement, the party claiming to terminate the contract shall notify the other party. The contract shall be terminated when the notice reaches the other party. If the other party has objections, it may request the people's court or arbitration institution to confirm the validity of the termination of the contract.

If the two parties cannot reach a check-out agreement through negotiation, they can directly file a lawsuit or apply for arbitration in a court or arbitration institution. In addition, both parties should also go to the competent real estate registration authority to cancel the pre-sale registration.

3. Move-in stage.

After the completion of the house, the buyer has gone through the check-in procedures and paid the taxes and fees due from the ** department, but the real estate certificate has not been processed before the check-out, and the buyers who are required to check out at this stage are generally buyers, and most of them are defaulted by the seller. In addition to the requirements of the second stage above, this stage also involves issues such as property, renovation losses, taxes, and move-out time. If the seller defaults, the renovation loss shall be assessed by the real estate appraisal agency to determine the renovation loss.

The buyer should also sign a contract with the property management company to terminate the property management, and the taxes collected by the seller should also be refunded. If no agreement can be reached, the buyer may file a lawsuit or apply for arbitration in a court or arbitration institution.

4. The stage of completing the real estate certificate.

After the title deed is processed, the ownership of the house has been transferred, and the buyer cannot move out unless it is agreed in the contract. If the seller has completed the real estate certificate for the buyer, but the seller advances money, and the contract stipulates that if the buyer refuses to perform the payment obligation as agreed, the seller can terminate the contract and require the buyer to move out and bear the corresponding losses. In this case, both parties need to go to the real estate issuing authority to go through the procedures for the transfer or cancellation of the real estate certificate.

Is there any of the following situations: 1. Delay in the delivery of the house. When the developer and the buyer agree in the contract to deliver the house, generally more than three months after the developer can not deliver the house, the buyer can ask the developer to move out, and ask for double return of the deposit or pay interest on the house price. 2. The developer's documents are incomplete, resulting in the invalidity of the contract.

3. The developer changes the design without the consent of the buyer. 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. 4. Unable to get a loan.

At the time of signing the contract, there is an agreement on a business loan or a provident fund loan, except for a lump sum payment or installment payment. If it is a provident fund loan, the developer needs to issue relevant information and submit it to the provident fund collection department for review. If the information provided by the developer shows that the conditions for the CPF loan are not available, and the buyer is unable to obtain the CPF loan as a result, the buyer can request to move out.

5. You can't get a property right certificate. Due to the developer's reasons, the buyer cannot obtain the title certificate within the time limit agreed in the contract, and if it is agreed that this condition can be checked-out, the buyer can ask to move out. 6. The error of the house area is more than 3%.

At present, 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 is within 3% (including 3%), the court will not support the buyer's request to move out. If the area error exceeds 3% of the absolute value, and the buyer requests to move out and claim a refund of interest, the court will rule in favor of the buyer. 7. The quality of the house is unqualified.

In this case, first of all, it is difficult for the developer to get the "Completion Record Form" and cannot deliver the house. Or after the house is delivered, the quality of the main structure of the house is verified to be unqualified. 8. The quality of the house seriously affects the use.

According to the latest judicial interpretation, if the buyer requests to move out and request the developer to compensate for the loss due to the quality of the house, the court will also support it. It is generally determined that the quality of the house seriously affects the normal residential use, mainly due to the poor air quality in the room after the house is moved in, due to the pre-construction reasons, affecting the health of indoor residents, and the noise in the room affecting the residence. 9. The developer mortgages 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. If you have, you can try].

Bank loans have also been approved. The loan has been repaid. The contract has come into effect, unless there is a quality problem in the house itself that affects your life, or it delays your use of the house with its delivery, you can file a lawsuit, and the general house cannot be returned, so you can only go to the construction committee to see what their record price is, and if the price reduction is more than 20%, they can give it well. ]

No way, the developer's practice is not illegal, the house price ** is unfair to some buyers who bought a house last year, but the market economy is like this, there is no commodity that does not fall but rises, I can only say, buddy, you are a little lucky,]

Check-out conditions: 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. In this case, once the owner sues, even if the developer prevaricates, it will be upheld by the court. If the developer breaches the contract and the buyer requests to terminate the contract, the two parties shall negotiate together and execute it in accordance with the provisions of the housing sales contract; If the negotiation fails, a lawsuit shall be filed with the court.

If you want to check out as soon as possible, you can negotiate with Kaifa Mountain first, and if you can reach an agreement, it is the fastest way.

Check-out process: After reaching a check-out agreement with the developer, you need to send a written notice to the developer to check out, and the developer needs to refund you the full amount you have paid within 15 days after making the check-out request. If the developer does not refund you within 15 days, the developer will need to pay you a penalty of the total price every day from the 16th day.

Legal basis: Article 470 of the Civil Code of the People's Republic of China.

The content of the contract is agreed upon by the parties and generally includes the following clauses:

1) The names and addresses of the parties;

b) the subject matter; iii) quantity;

iv) Quality; 5) Price or remuneration;

6) the period, place and method of performance;

7) Liability for breach of contract;

8) Methods of Dispute Resolution.

The parties may conclude a contract with reference to the model texts of various types of contracts.

Article 509 of the Civil Code of the People's Republic of China.

The parties shall fully perform their obligations in accordance with the agreement.

The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 562 of the Civil Code of the People's Republic of China.

The parties may terminate the contract by consensus.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 577 of the Civil Code of the People's Republic of China.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Hello! 1. The buyer can apply: you can apply to the developer by letter, fax or **, if it is the developer's responsibility to cause the check-out, the developer should bear the losses caused by the check-out

Within 15 days after the check-out request is made, the check-out procedures will be completed; 3. The developer will refund the house payment: The developer of Chanyou Cave shall refund the full amount of the house purchase fee.

Legal analysis: The check-out process is for the buyer to send a notice of check-out first, and then the buyer can submit it to the developer through **letter, fax or **, and then the buyer and seller need to complete various procedures within 15 days. Finally, the developer shall return the full purchase price to the buyer after the buyer sends a notice to move out, and complete the repayment procedures with the provident fund management agency or the lending bank.

Legal basis: 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

Article 2 If the seller has not obtained the certificate of pre-sale of commercial housing, the contract for the pre-sale of commercial housing concluded with the buyer shall be deemed invalid, but if the certificate of pre-sale license of commercial housing is obtained before filing a lawsuit, it may be deemed valid.

Article 8: The transfer of possession of a house shall be deemed to be the delivery of the house for use, unless otherwise agreed by the parties.

The risk of damage or loss of the house shall be borne by the seller before delivery for use, and by the buyer after delivery for use; If the buyer receives a written notice of delivery from the seller and refuses to accept it without justifiable reasons, the risk of damage or loss of the house shall be borne by the buyer from the date of delivery and use as determined in the written notice of delivery, unless otherwise provided by law or otherwise agreed by the parties.

Article 13 If the contract for the sale and purchase of commercial housing does not stipulate the amount of liquidated damages or the calculation method of compensation for losses, the amount of liquidated damages or the amount of compensation for losses may be determined with reference to the following standards:

If the payment is overdue, it shall be calculated according to the total amount of the unpaid purchase price and the standard for financial institutions to collect interest on overdue loans stipulated by the People's Bank of China.

If the house is delivered for use within the time limit, it shall be determined in accordance with the rent standard for the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.

You can check out when one of the following happens:

1. The quality of the main structure of the house is unqualified and cannot be delivered;

2. After delivery, there are quality problems that seriously affect the normal residence;

3. The delivery period expires, and the house is not delivered within three months after the reminder;

4. Other circumstances in which you can check out.

1. What are the conditions for the check-out of commercial housing?

The general situation of checking out of a commercial house is as follows:

1. The check-out conditions agreed in the contract are fulfilled;

2. The house cannot be delivered due to quality problems;

3. The quality inspection of the main structure of the house after delivery is unqualified;

4. The delivered houses have quality problems that seriously affect the normal living.

Article 12 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 Contracts for the Sale and Purchase of Commercial Housing stipulates that if the buyer requests to terminate the contract and compensate for losses if the quality of the main structure of the house is unsatisfactory due to the unqualified quality of the main structure of the house, or if the quality of the main structure of the house is found to be unsatisfactory after the delivery of the house, it shall be supported.

Paragraph 1 of Article 13 stipulates that if the buyer's request for rescission of the contract and compensation for losses is seriously affected by the quality of the house, it shall be supported.

2. Under what circumstances can the house be repurchased?

The following conditions are acceptable:

1. The absolute value of the error between the measured area and the area agreed in the contract exceeds 3%;

2. The developer's late delivery constitutes a fundamental breach of contract, that is, the overdue delivery reaches the check-out date agreed in the contract;

3. The developer's change of planning and design affects the structural form of the house, such as house type, space size, orientation, etc.;

4. The developer pre-sells the house without obtaining the pre-sale license of the commercial housing;

5. The quality of the main structure of the house delivered by the developer is unqualified or the quality of the house seriously affects the normal use of the house;

6. Unable or unable to handle the transfer of property rights on time;

7. The buyer's loan application is not approved, and the two parties to the contract cannot reach an agreement on the payment method;

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

3. Under what conditions can the house be checked out?

In the case of commercial housing, the house can be checked out if the following conditions are met:

1. The purchase contract stipulates the conditions for check-out, which meets the agreed conditions;

2. The quality of the main structure is unqualified and the house cannot be delivered;

3. The quality problems of the house seriously affect the normal living life;

4. Other statutory circumstances that can be checked out.

Article 9 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 stipulates that if the main structure of the house cannot be delivered for use because the quality of the main structure of the house is unqualified, or the quality of the main structure of the house is verified to be unsatisfactory after the house is delivered for use, the buyer's request for rescission of the contract and compensation for losses shall be supported.

The first paragraph of Article 10 stipulates that if the buyer's request for rescission of the contract and compensation for losses is seriously affected by the quality of the house, it shall be supported.