Can I return the off plan property I bought before it has been delivered?

It mainly depends on the responsibilities agreed in the contract, many developers do not deliver the house due to insufficient funds, or other reasons, the buyer can apply to check outIf the buyer moves out of the property due to his or her own reasons, he or she will need to pay a penalty penalty. However, the amount of liquidated damages needs to be calculated according to the actual situation or according to the signed contract.

Advantages of off-plan properties:

1. Advantages

The greater advantage of buying off-plan property is that it can be purchased at a lower **, and it generally takes two to three years for real estate developers to develop a house, or even longer. In order to recover funds in a timely manner, increase the utilization rate of funds and reduce the pressure on funds, make profits when selling off-plan properties. Therefore, under all things being equal, off-plan properties are generally cheaper than existing properties, and they may receive the value-added income of the off-plan properties purchased.

2. Advantages of house design

Real estate developers attach great importance to design, because the quality of design directly affects the sales of products, so relatively speaking, most of the off-plan properties have avoided the design weaknesses of existing houses in the current market. And buyers can supervise and give comments at any time, so the architectural design of off-plan properties is usually more suitable for buyers' needs than existing homes. Some buyers pay great attention to the design of the house, and they can achieve their ideal design by buying off-plan properties.

3. Plenty of choices

Buyers can book their preferred homes in advance. When people choose a house in an existing house that has been built, they will find that the houses with good levels and good orientation are basically already famous, and most of the rest are some houses with less than ideal levels and poor orientation. Buying a house is a big deal for every family, and the floor and orientation of the house will affect the lighting and ventilation, thus affecting the quality of life.

Judging from the information fed back from the market, most of the houses with better locations are off-plan, and buyers have a lot of choices to choose houses with better locations.

Disadvantages of off-plan properties:

1. Unable to deliver the house on time

For example, the off-plan contract states when the developer will deliver the house, but some developers often fail to deliver the house within the time limit. Whether it is the developer's original deliberate deception or other objective reasons, it will bring disadvantages to the buyer. And usually once the developer overdue, it is difficult to determine the completion time, so the buyer not only wastes time but also loses the beautiful illusion of the house.

2. Reality does not match ideals

Due to the excessive hype of the developer upfront, buyers will feel disappointed when they finally see the house. Because most of what buyers see according to the drawings is the floor plan or model of the house type, it is difficult to accurately judge the house area, house type, green space, landscape, overall planning, and decoration standards. But after all the houses are completed, there is a big difference between the house in hand and the real estate investment introduced by the original developer and the real estate investment introduced in the building book.

In this way, the buyer's wishes will be greatly disappointed, and they will feel that they have been deceived.

The off-plan house bought can be refunded if it has not been delivered, but in the process of returning, there will be a certain amount of loss in accordance with the agreement of the contract to compensate for the loss, and then the money for breach of contract can be made up.

Legal Analysis: No. Buyers of off-plan properties are generally not allowed to move out.

The content of the commercial housing sales contract is different from the content of the subscription letter, and the commercial housing transaction usually adopts the method of signing the subscription letter first and then signing the commercial housing sales contract.

Legal basis: "Law of the People's Republic of China on the Management of Urban Real Estate" Article 46 In the case of pre-sale of commercial housing, the pre-purchaser of commercial housing shall transfer the uncompleted pre-sold commercial housing purchased by the pre-purchaser, which shall be stipulated by ***.

Legal analysis: The termination of a contract is divided into agreed termination and statutory termination. 1. Termination of the agreement

If the developer and the buyer agree on the delivery period and the relevant liability for breach of contract when signing the contract, and the developer fails to deliver the house on time, the buyer can terminate the contract, check out and get back the purchase price according to the contract; 2. Statutory termination: If the contract does not clearly stipulate the liability for breach of contract, the buyer needs to send a reminder letter to the developer in writing. If the developer still does not deliver the property after three months, the buyer has the right to terminate the purchase contract, move out and get back the purchase price.

Legal basis: Article 30 of the Administrative Measures for the Sales of Commodity Housing shall deliver the commercial housing that meets the conditions for delivery and use to the buyer on time in accordance with the contract. If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract.

If it is necessary to postpone delivery due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise shall promptly inform the buyer.

OK. According to the relevant regulations, if the developer postpones the delivery of the off-plan property to a certain period, the buyer can choose to check out. If the off-plan housing is only a normal delay, such as the delivery of the house is overdue due to construction delays, delays in relevant procedures, delays in municipal facilities, etc., it is recommended that the owner can choose to wait and require the developer to bear the liability for breach of contract for delayed delivery of the house according to the contract.

The developer did not obtain the title certificate of the house within the time agreed in the purchase contract. According to the provisions of the law, due to the developer's reasons, if the buyer is still unable to obtain the property right certificate for more than one year within the period agreed in the purchase contract, the buyer can request to move out and can ask the developer to bear the compensation for losses.

If the developer does not deliver the house, he can pay liquidated damages in accordance with the requirements of the contract, and if he fails to deliver the property for more than 3 months, the buyer has the right to move out. If the developer's real estate certificate is delayed for more than 1 year, it can request to move out for various reasons other than non-majeure factors (major natural disasters and accidents) agreed in the model housing pre-sale contract of the People's Republic of China, and the developer must pay liquidated damages if he fails to deliver the house on time. Within 60 days overdue:

The developer will pay 3/10,000 of the liquidated damages per day per day. More than 60 days overdue: The owner has the right to terminate the purchase contract, and the developer shall refund the paid price within 60 days from the date of receipt of the notice of termination, and pay liquidated damages at the rate of 5% of the paid price.

The owner can also request to continue to perform the contract, and the developer will pay 5/10,000 liquidated damages per day per day.

The following materials should be submitted at the time of delivery:

1. One certificate. The first certificate refers to the real estate certificate of the "House Ownership Certificate" and the "State-owned Land Use Certificate", which is an important certificate for verifying the ownership of the house.

2. Three books. The three books refer to the "Residential Quality Assurance Certificate" for the developer's commitment to the quality warranty of the house, the "Residential Instruction Manual" for the technical indicators related to the housing construction design, structure, construction and other projects, and the "Construction Engineering Quality Certificate" for the house to pass the quality acceptance.

3. A table. The first table also refers to the "Completion Acceptance Record Form", which is an important information for the acceptance and filing of the real estate, or the developer's responsibility marking material.

4. Other materials.

When handing over the house, the developer should also issue the corresponding qualification certificate for the measurement of the area of the commercial house, the certificate of delivery and use of water, electricity, gas ** and drainage facilities, the certificate of property acceptance and other materials.

Legal basis

Measures for the Administration of the Sales of Commodity Housing

Article 19 For the sale of houses priced according to sets (units), the parties may directly agree on the total price in the contract after the on-site investigation of the houses for sale. For pre-sold houses priced by sets (units), the real estate development enterprise shall attach the floor plan of the house to be sold to the contract. The floor plan should be marked with detailed dimensions and a margin of error should be agreed.

When the house is delivered, the set type is consistent with the design drawings, and the relevant dimensions are also within the agreed error range, and the total price remains unchanged; If the set is inconsistent with the design drawings or the relevant dimensions exceed the agreed margin of error, and the contract does not stipulate the handling method, the buyer may move out of the property or re-agree with the real estate development enterprise on the total price. If the buyer moves out, the real estate development enterprise shall bear the liability for breach of contract.

1. Can I return the house if I have not delivered the house?

1. Whether you can return the house if you have not delivered the house depends on the situation

1) If it is necessary for both parties to negotiate voluntarily and assume the liability for breach of contract and pay liquidated damages according to the contract signed by both parties, they can check out;

2) If the two parties do not coordinate well, they cannot check out after signing the online purchase agreement.

2. Legal basis: Article 585 of the Civil Code of the People's Republic of China.

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

Article 586.

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.

2. What are the conditions required for check-out?

Check-out conditions are as follows:

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 changes the planning and design and affects the structural type, house type, space size and orientation of the house;

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

Answer: The new house bought has not been delivered and can be refunded, but if you check out for personal reasons, according to the model purchase contract in China, you need to pay 20% of the total amount of the house liquidated damages. Therefore, before buying a house, it is best to consider the result carefully, otherwise the economic loss caused is irreparable.

Can a new house be resold if it has not been handed over?

1. The new house has not been handed over and cannot be resold, because the house has not been handed over means that the real estate certificate has not yet been handled, and it is not possible to resell it at this time, but you can choose the way of transfer.

2. The process of transfer is not difficult, as long as the two parties reach a consensus, they can communicate with the developer and change the name on the original contract of the house, so that it is convenient to apply for the real estate certificate later.