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According to the procedure, the house that has been signed online can be checked out.
Because the online signing only records the purchase contract of the house with the housing management department, the online signing can be revoked if both the buyer and the seller agree, and the status of the house after the revocation of the online signature will become for sale and can be sold to others. It is difficult to check out the house that has been signed online, not because the housing management department is not easy to handle, but because it needs to be approved by the developer.
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You can check out after the online signing of the house purchase, but both parties need to negotiate voluntarily and bear the liability for breach of contract and pay liquidated damages according to the contract signed by both parties, as follows: 1. First-hand house: the buyer and the developer need to negotiate and agree together with the ID card, the online signing contract, and the developer's certificate to the housing management department to apply for cancellation of the online signature, and then check out; 2. Second-hand housing:
It is necessary for the buyer and the seller to negotiate and agree together with their respective ID cards, online signing contracts and other materials to the housing management department to apply for cancellation of the online signing and then check out.
Legal basis: Article 578 of the Civil Code of the People's Republic of China Where one of the parties expressly states or shows by its own conduct that it does not perform its contractual obligations, the other party may request it to bear liability for breach of contract before the expiration of the performance period.
Article 585 of the Civil Code of the People's Republic of China: 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 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.
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No refunds are allowed. The online signing is also a contract, which is legal and valid, and cannot be checked out. If you want to check out, you must negotiate with the other party and obtain their consent.
Even if the other party agrees to move out, the buyer should also bear the liability for breach of contract and compensate the seller for the loss, so the down payment cannot be refunded in full. Article 570 of the Civil Code If one of the parties fails to perform its contractual obligations or its performance of the obligations of the joint transport is not in accordance with 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 Article 658 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, the donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.
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No refunds are allowed. The online signing is also a contract, which is legal and valid, and cannot be checked out. If you want to check out, you must negotiate with the other party and obtain their consent.
Even if the other party agrees to move out, the buyer should also bear the liability for breach of contract and compensate the seller for the loss, so the down payment cannot be refunded in full. Article 577 of the Civil Code: 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.
Article 562 of the Civil Code of the People's Republic of China: The parties may terminate the contract if they reach a consensus through negotiation. 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 560 of the Civil Code of the People's Republic of China The parties may terminate the contract under any of the following circumstances: (1) The purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt; (3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded; (4) One of the parties delays the performance of its obligations or has other breaches of contract, resulting in the inability to achieve the purpose of the contract; Other circumstances provided for by law. In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.
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According to Article 585 of the Civil Code on liquidated damages, it is possible to return the house to the bureau after signing the house online, but this behavior has constituted a breach of the contract, and it is necessary to pay the contract fee for violating the contract.
As for the check-out process, the transaction is a new house, and the buyer and the developer need to negotiate and agree together with the ID card, online signing contract, and the developer's certificate to the housing management department to apply for cancellation of the online signature, and then check out.
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