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You can check out after signing online, 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. The online signing is only the filing of the house purchase contract with the housing management department, and the online signing can be revoked if both the buyer and the seller agree. ”
As long as the buyer and seller have reached an agreement, they can apply to the housing management department to revoke the online signing and filing contract. However, if the buyer wants to move out, unless it can be proved that the quality of the house is defective or there is no way to apply for a real estate certificate, etc., if the buyer moves out without reason, it will generally incur a high amount of liquidated damages.
You can check out after signing online for the purchase of the house, but this behavior has constituted a breach of contract and you need to pay liquidated damages. The specific amount of liquidated damages to be paid depends on the specific content of the contract between the two parties. Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may be requested to appropriately reduce them.
Generally speaking, if the liquidated damages agreed upon by the parties exceed 30% of the losses caused, it can be determined that they are "excessively higher than the losses caused".
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, 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; The transaction is a second-hand house, and the buyer and the seller need 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 signature, and then check out. The lawyer advises everyone to think carefully when deciding to sign online, so as to avoid unnecessary liquidated damages.
Legal basis. Article 588 of the Civil Code: If the parties agree on both liquidated damages and deposits, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses.
If the deposit is insufficient to compensate for the losses caused by one party's breach of contract, the other party may claim compensation for losses in excess of the amount of the deposit.
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Houses that have been signed online can be returned. However, the following conditions need to be met:
1.If the purchase contract is invalid, the buyer can return the house, and the seller must return the purchase price.
2.If both parties agree to terminate the house sale contract through consultation, the house sale contract may be terminated, and the house buyer shall return the house and the seller shall return the purchase price.
3.If there are statutory circumstances in the house sales contract, the contract can be terminated and the house can be moved out.
According to the Civil Code of the People's Republic of China, after a civil juristic act is invalid, revoked, or determined to be ineffective, the property acquired by the actor as a result of the act shall be returned. Therefore, the house can be checked out if the above conditions are met. It should be noted that the revocation of the online signature needs to be applied for at the local housing authority, and the specific operation can refer to the policies and regulations of the relevant region.
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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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Whether buying a new house or a second-hand house, the step of online signing is indispensable in the process of buying a house, but there are many buyers who do not know much about the step of online signing, and in this case, this process is operated. So, can I return a house that has been signed online? What should I pay attention to when signing online?
Let's take you to find out. Can a house that has been signed online be refunded The house that has been signed online can be refunded, but it must be negotiated and voluntary by both parties, and the liability for breach of contract shall be borne according to the contract signed by both parties, and a certain amount of liquidated damages shall be paid. If you are buying a new house, then you need to negotiate with the developer, and after both parties reach a consensus, you need to bring your ID card, online signing contract, and developer's certificate to the housing management department to apply for canceling the online signature and checking out.
If you are buying a second-hand house, you need to negotiate with the seller. What problems should be paid attention to in the online signing 1. The online signing is registered only after signing the housing sales contract, and the buyer and seller must pay attention to see whether the text of the sales contract is consistent with the standard text printed by the real estate management department, and whether the terms listed in the text are clearly filled in one by one. 2. Whether it is buying a house or signing online, you must check the developer's pre-sale license, if the developer cannot show the pre-sale license, then the house is likely to have some problems.
3. Now the basic real estate is pre-sold at the opening, and the delivery will wait until the completion and acceptance of the entire project. Therefore, the specific time of delivery must be indicated when signing the pre-sale contract. 4. The error of the house needs to be verified in the house inspection, if you choose to use the construction area inside the suite as the basis for reference, then the two parties must be clear in the area difference treatment of the area error.
Article summary: The above is the relevant content about the return of the house that has been signed online and what issues should be paid attention to in the online sign, I hope it will be helpful to everyone. If you want to know more about it, please stay tuned to Qeeka Home.
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