-
According to the provisions of Article 563 of the Civil Code of the People's Republic of China, it appearedContract for the Sale and Purchase of Commodity HousingIf the contract cannot be continued to be performed due to the circumstances agreed in the contract, you may request to terminate the contract and return the purchase price paid in accordance with the contract.
a) If the contract has not been performed, it will not be performed, and you can no longer pay the purchase price to the developer;
2) If the contract has been fulfilled, you should return the house to the developer, and then ask the developer to return the purchase price that has been paid;
3) If you have made reasonable renovation of the house, you can ask the developer for compensation;
4) If you have caused damage to the house while using the house, the developer can require you to pay compensation;
5) If there are other breaches of contract in the process of performing the contract, you may require the breaching party to bear the liability for breach of contract.
1) When terminating the "Commercial Housing Sales Contract", you should sign a written "Agreement on Termination of the Housing Sales Contract" with the developer, which can also be called the "Check-out Agreement", in which it should be stated which party proposed to terminate the contract, whether the other party agrees to terminate the contract, whether it bears the liability for breach of contract, how to bear the liability for breach of contract, etc.;
Agreement to terminate the contract for the sale and purchase of the house.
2) Keep the relevant documents, such as: the "Commercial Housing Sales Contract" signed when buying and selling the house, the "Agreement on Termination of the Housing Sales Contract" signed when the contract is terminated, etc., if the developer does not fulfill its obligations (not returning your money, not compensating you for losses) after the termination of the contract, you can protect your rights in accordance with the following solutions.
1) In the event of a dispute over the sale and purchase of a house, if there is still room for negotiation with the other party, it is recommended to negotiate first, and if an agreement can be reached, a "Settlement Agreement" can be signed (there is a template in the "Negotiation" section, you can view it as needed), so that the dispute resolution takes less time and less energy.
2) If both parties are emotional and it is difficult to reach an agreement, or if the other party is unwilling to negotiate, they may apply to the people's mediation committee or the court for mediation, and under the auspices of the mediation committee, reach an agreement and sign the "Mediation Agreement", so that the dispute can be resolved efficiently and quickly.
3) If the other party is unwilling to mediate or cannot reach an agreement after mediation by the people's mediation committee, if both parties agree on an arbitration clause when signing the Housing Sale and Purchase Contract or agree to arbitration afterwards, they may apply to the local arbitration institution for arbitration.
4) If the above methods cannot be resolved, the court will make a judgment, but the procedure may be complicated, the cycle will be relatively long, and it will take a certain amount of energy and financial resources (lawyer's fees, case filing fees, etc.).
-
A year ago, my friend bought a new house, and he insisted on buying a duplex, but I advised him not to buy it, otherwise he would definitely regret it. But my friend said that there were many people in the family, so it was better to buy a duplex house, and in the end he still bought a two-story house. Not long ago, I went to his house, and I didn't feel very good when I entered the door, and my friend also sighed, saying that he regretted it, and he had only stayed for less than a year.
Let's take a look at how the house is decorated.
Living room. The decoration of the living room feels a little deep, the environment looks quite uncomfortable, and the light is not very good. The large TV is directly installed on the cabinet, and the clothes on the balcony block the light, which affects the living room even more.
Master bedroom. The rooms are mainly on the 2nd floor, and I have to climb up and down every day, and it is very tiring to come home from work. And the room is so low that you can reach out and touch the ceiling when you walk in, so this environment must be very depressing.
Den. The glass partition of the independent study room, the black desk is very classy, and the open bookcase is well stored. It just looks a little dirty, and my friend explained that there are many places that need to be cleaned in the duplex room, and many times the study room does not want to be cleaned.
Kitchen. The kitchen has a large storage and a lot of cabinets, including wall cabinets and floor cabinets, which makes the kitchen space larger and the things are very complete.
Toilet. The bathroom is spacious, dry and wet are separated, and the best thing to look at is this glass bathing room, which is atmospheric and practical.
-
I just bought a house and regretted it, and it is recommended to negotiate a solution. If one of the parties fails to perform its contractual obligations or 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. According to the provisions of the Civil Code of the People's Republic of China, after the contract comes into effect, if the parties have no agreement on the quality, remuneration, and place of performance or the agreement is not clear, they may supplement it by agreement; If no supplementary agreement can be reached, it shall be determined in accordance with the relevant terms of the contract or the transaction customs.
The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the compensation for losses caused by the breach. If the agreed liquidated damages are lower than the losses caused, the parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are too high for the losses caused, the parties may request the people's court or arbitration institution to appropriately reduce them. If the seller deliberately conceals that the house has not obtained the pre-sale permit of the commercial housing, or provides a false pre-sale permit certificate for the commercial housing, resulting in the invalidity of the contract or the revocation or dissolution, the buyer may request a refund.
If it is the buyer's problem that causes the buyer to regret buying the house, the buyer needs to bear his own responsibility, and can choose to negotiate with the seller to check out and refund, if the purchase contract has relevant clear provisions, it can be handled in accordance with the agreement in the contract.
Extended Information: Check-out process for a new home.
Step 1: Issue a notice of termination to the developer.
If the real estate developer agrees, the two parties shall negotiate to deal with matters such as the return of the house, refund, compensation for losses, etc. If the developer does not agree, it shall file a lawsuit with the people's court under its jurisdiction in accordance with the law, requesting that the contract be terminated and the developer shall compensate for the relevant losses, and the court shall make a judgment.
Step 2: After the purchase contract is terminated, you can request the lending bank to terminate the loan contract secured by the commercial housing.
According to the judicial interpretation of the Supreme People's Court, the court should support such a request.
Step 3: Priority will be given to the mortgaged bank for the purchase money returned by the developer.
The real estate developer can deduct the bank money that is repaid on behalf of the property when repaying the purchase price.
Legal basis: Article 586 of the Civil Code of the People's Republic of China provides that the parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.
The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.
-
Hello, if the buyer regrets after buying the house, then he can choose to negotiate with the seller of the house to terminate the contract. That is to say, after the contract has been validly concluded, when the conditions for rescission of the contract are met, the creditor's rights and debts arising from the contract are extinguished due to the expression of intent of one of the parties or the intention of both parties.
If you regret buying a house and want to check out, you need to take different measures according to different situations:
1. If the refund is caused by the lack of agreement on the main terms of the contract, if the sales contract has not been signed, the deposit needs to be returned to the buyer.
2. If you check out without consensus on the supplementary agreement, you can also ask the developer to return the deposit.
3. If the house sales contract has been signed and there are conditions for the refund of the deposit in the contract, then it is necessary to determine whether the deposit can be refunded according to the contract. If the buyer defaults, then the deposit is usually non-refundable, and if the developer defaults, then double the deposit must be returned to the buyer.
Hope it helps.
If you regret the house you just rented, you can communicate with the landlord first to discuss the return of the rent, if the landlord agrees, there is no problem, you can return the rent at the same time, you can also ask for the deposit back; However, if the landlord does not agree, you can return the rent directly without rent or deposit; Or, with the landlord's consent, sublet the house to someone else, and the landlord and the new tenant re-sign the lease contract, and get back the remaining rent and all the deposit on the premise of making up for the landlord's losses.
1. If you regret it, try to go back, and the original unit should welcome you back to work in a high chance. >>>More
Divorce mediation refers to the mediation of divorce disputes when the parties to the marriage claim divorce and the other party does not agree to the divorce. It is an effective and important way to deal with marital disputes. Divorce mediation in China is divided into out-of-litigation mediation and mediation in litigation. >>>More
I've done everything I've done, and there's nothing to regret, think about what room for maneuver. Or just forget about it.
You didn't say what fault your husband had, weirdness, etc., so how did you get married before marriage? You must know that many people have different feelings because they don't understand life, and think that the whole content after marriage is just the romance or continuation of romance imagined before marriage. Firewood, rice, oil and salt, raising a family at Hukou, honoring parents on both sides, educating children, etc. >>>More