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Buyers can request a refund in the case of the developer's lack of valid documents and approvals, resulting in the invalidity of the contract; Delay in delivery; There are a total of 10 situations in which the developer changes the design without the consent of the buyer, and the following is introduced by Legal Express. If the buyer finds that there are problems in the quality of the house, he can return the house, recover the payment and claim the corresponding losses. And the ten situations in which a buyer checks out are:
1. The developer lacks valid certificates and approvals, resulting in the invalidity of the contract. According to the regulations, 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 buyer shall vacate the house, and the developer shall return the payment paid by the buyer. 2. Delay in delivery. This phenomenon is more serious, and the delay in delivery refers to the delay in getting the developer's notice of occupancy after the delivery date agreed in the contract between the developer and the buyer.
Generally, the agreed period of delay in delivery of the house can be moved out of the range of 30 days to 90 days, if the developer can not deliver the house beyond this period, the buyer can ask the developer to move out, and ask for double return of the deposit or pay interest on the house price. 3. The developer changed the design without the consent of the buyer. It is agreed 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. 4. I can't get the 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. In addition, due to the non-standard operation of some real estate in the past few years, some developers have defaulted on land transfer fees and other problems from time to time, resulting in the buyers who buy these real estate cannot get the house ownership certificate after moving in for many years, and the buyers can also ask to move out. 5. 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.
Similarly, if the buyer is unable to apply for a commercial mortgage loan due to the developer's reasons, he can also move out in accordance with the provisions of the contract.
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There is no contract, that is, it has no legal force, there is no basis for the seizure of the deposit, the deposit is refundable and should not be detained.
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They will not be detained, but if they act excessively, they will be persuaded to return by the relevant personnel.
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If you don't sign a contract, you should be able to get a refund, so why detain someone?
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Did you get a receipt or invoice? You should sign the contract first and pay later, but I hope you don't encounter **. Is the money given to the salesperson or to the company finance?
If it is handed over to an individual, it is very dangerous, and if you want to come back quickly, if you don't give it, call the police on the spot. If it is handed over to the company, it is required to issue a contract immediately, otherwise it will be refunded immediately.
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Have you agreed with the developer on the time to sign the contract, or have you left any evidence of the developer's commitment to sign the contract, if so, this can be used as a reason for a refund.
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If the other party is willing to retreat, they can naturally retreat.
The other party is unwilling to refund, no matter how much you ask, it is useless for you to unilaterally terminate the contract in advance, which constitutes a breach of contract, and the deposit is owned by the other party as compensation.
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The detention of the parties will not affect the execution of the contract. If the person concerned entrusts a family member to check out, he or she must pay a penalty for liquidation. If negotiation fails, you can sue the court.
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This and you being a guarantor are two different things, and they don't matter! The guarantor mainly depends on your financial ability!
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What is the guarantor guaranteeing, if it is a property guarantee, as long as you have assets.
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It seems that the guarantor does not have this limit!
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Yes, if you are detained, you will not be able to repay
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As long as the mortgage is repaid on time, it's fine.
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If you don't pay the balance of the down payment, you are in breach of contract, and you don't have the conditions to not want the house and terminate the contract, so you can't not want the house. As for whether you can sell it to others, it's up to you. Of course, this is a civil dispute and there will be no detention, but judicial detention in the course of court enforcement in the future is not excluded.
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1. Regarding the purchase of a house, if you do not want to continue to perform the purchase agreement, you can do the following.
1. Unilateral breach of contract. Review the default clause in the agreement, if the default cost is low and within the scope of your acceptance, you can file a unilateral breach of contract with the developer as soon as possible. To the extent possible, the decision is made after a thorough review of all the terms of the contract.
2. Negotiate the termination of the contract. If the liability for breach of contract in the agreement is too heavy, you can negotiate with the developer to terminate the contract under the auspices of the court, the developer wants to sell the house as soon as possible to recover the funds, you can be unable to pay the house payment, default on the down payment as a strategy, negotiate with the developer to terminate the contract, and strive to pay as little as possible. Of course, this method requires a full review of the contract, because the purchase agreement often stipulates the liability for breach of contract that is unfavorable to the buyer, and the liability for breach of contract increases with the postponement of the date, so this method needs to be carefully considered.
3. Defend on the grounds that the developer has not fulfilled the contract. To find the point where the developer is unable to perform the contract, the main thing is to check whether the developer's five certificates are complete.
4. Confirm that the contract is invalid. Strict conditions are required for the developer to sign a pre-sale contract, and if it is not met, the signed contract will be invalid.
II. On Detention.
Courts can only conduct judicial detention, and because of the shortage of court bailiffs and the high pressure on case handling, the rate of judicial detention is very low. Generally, it will not be exercised at the litigation stage, and only at the enforcement stage after the claim has been determined, if you refuse to perform because you have the ability to perform, judicial detention may be exercised, and judicial detention may be exercised for up to 15 days.
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There is no legal provision that detained citizens cannot take out loans. However, it is possible that your bank loan application will be more stringent than normal. It's not that easy to get through, or the amount of money you can borrow is relatively small.
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Hello, as long as you are currently acting freely, have a stable income and good credit, you can do the corresponding loan business.
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