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The buyer and seller of the house shall perform the contract in good faith. Some buyers, after buying a faster home, want to move out for a variety of reasons. When the purchase contract is legal and valid, both parties to the contract shall properly perform their contractual obligations on time.
In the check-out group, a large number of buyers offered to move out because the price was too fast and too much. A few days later, there was a difference in the price of tens or even hundreds of thousands, which was psychologically unaffordable. In this case, it is unreasonable for the buyer to request a return or price reduction compensation, and the developer has no responsibility and obligation to meet these requirements.
Commodity housing transactions usually adopt the method of signing a subscription letter first, and then signing a contract for the sale and purchase of commercial housing. Essentially, a commercial housing subscription is an appointment with pending terms. Since the main terms of this contract have been determined, this contract has been formed, and the parties shall continue to negotiate on the pending matters to enter into this agreement.
If the standard contract provided by the developer is inconsistent with the terms of the subscription letter, or the terms of the contract for the sale and purchase of commercial housing are unreasonable, the buyer has the right to refuse to sign it and request a refund of the deposit. Obtaining a commercial housing pre-sale license is a prerequisite for developers to pre-sell commercial housing. If the developer does not obtain a pre-sale permit for pre-sale, the signed contract will not be legally valid and the owner has the right to request to move out.
Generally, the agreed period for late delivery of the house and check-out is 30 to 90 days. If the developer is unable to deliver the property beyond this period, the buyer can ask the developer to move out and demand a double return of the deposit or interest payment on the house price. At the time of signing the contract, there is a business loan or CPF loan agreement in addition to a lump sum payment or installment payment.
If it is a provident fund loan, the developer should issue relevant materials and submit them to the provident fund collection department for review. If the information provided by the developer shows that it is not eligible for a CPF loan and the buyer is unable to obtain a CPF loan, the buyer can request to move out.
Some houses were built on this ancient land. It is likely that a chemical plant was built on the land before the house was built, which caused serious pollution to the land, and the environment was not repaired before the house was rebuilt. After the construction of new homes, the source of pollution has always existed, affecting people's health.
Developers should have full project certificates, each of which cannot be lost. Each certificate is designed to secure the rights and interests of the home buyer. When buying a house, you need to check five certificates.
In particular, the last of the five certificates, the pre-sale certificate. Only with a pre-sale certificate can the house be put on the market.
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When checking out, you must understand the content of the contract, you should get the approval and rules of the developer, you can sell it first and then mortgage, and then you must prepare all the relevant procedures of the house, bring your personal ID card and household registration book, and the contract when buying and selling the house, and then go to the intermediary or the place where the house is rented to go through the relevant procedures.
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Both parties need to sign the corresponding contract, and then they also need to be sealed, they need to be tested, and they need to properly perform the regulations and obligations in the contract, and they need to go to the relevant departments to go through legal procedures, and then they also need the developer to show the corresponding materials, and they need to go to the provident fund collection department for review.
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When you check out, you need to go through the corresponding procedures, and then you need to sign the corresponding agreement, you also need to pay the corresponding fees, you need to pay the interest on the room price, you need to pay double the deposit according to the legal requirements, and you also need to go to the local provident fund collection department for review.
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The newly bought house has not yet been deed, unless it is agreed in the purchase contract, it is generally not allowed to move out.
The ownership of the house becomes effective after the completion of the ownership transfer procedures, that is, the ownership of the house is obtained after the ownership is registered.
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.
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You can't return it, and the country has recognized the house as yours when you signed the contract when you bought it.
There is no certificate only a formality problem.
If the certificate is not issued on time, you can claim compensation for damages.
But... There is no national standard for this. It is impossible to determine how much you should be compensated.
In addition, the certificate was not issued on time n many reasons Many of them are inefficient departments and fight each other. . . It is even more difficult to find the first department to compensate. Therefore, most of the companies that do not issue certificates on time are small companies with no background.
This is the same as a train delay, all too common. Like our small city, it is a miracle to be able to get a certificate on time.
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If the period of one year has expired according to the contract for the sale and purchase of commercial housing or Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation, the developer can be required to move out
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
Article 18. If the buyer fails to obtain the house ownership certificate within the following time limits due to reasons attributable to the seller, the seller shall be liable for breach of contract unless otherwise agreed by the parties:
1) The time limit for the registration of housing ownership as agreed in the contract for the sale and purchase of commercial housing;
2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been built, it shall be 90 days from the date of delivery of the house;
3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, it shall be 90 days from the date of conclusion of the contract.
If the contract does not stipulate liquidated damages or the amount of loss is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.
Article 19. If the buyer is unable to register the ownership of the house more than one year after the expiration of the contract for the sale and purchase of commercial housing or the time limit for handling the registration of housing ownership as stipulated in Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation as stipulated in the contract for the sale and purchase of commercial housing, the buyer's request for rescission of the contract and compensation for losses shall be supported.
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Legal analysis: If the time limit has expired for one year according to the agreement of the commercial housing sales contract or Article 33 of the Regulations on the Administration of Urban Real Estate Development and Operation, the developer can be required to check out Article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Commercial Housing Sales Contracts Article 18 If the buyer fails to obtain the housing ownership certificate within the following time limits due to the seller's reasons, the seller shall bear the liability for breach of contract unless the parties have special agreements.
Legal basis: Regulations on the Management of Urban Real Estate Rolling Lingfa Article 33 If the period has been exceeded for one year, the developer may be required to move out.
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》 Article 18 If the buyer fails to obtain the certificate of ownership of the house within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties.
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