It s easy to buy a house, it s hard to check out ! Under what circumstances can I request to check

Delay in delivery, failure to obtain property ownership certificate, inability to obtain loans, errors between the measured area of the house and the provisional area of more than 3%, and unqualified quality of the house can all be required to check out. When you check out, you need to see what stage of buying a house you are in, and then apply to move out with the relevant deposit or purchase contract.

1. Under what circumstances can I request to check out?

There are many situations that can request to check out, such as late delivery, the developer delays the delivery period of 30 days to 60 days, if this time is exceeded, you can ask to check out. If you can't get the house ownership certificate, you can't get a loan after signing the contract, the quality of the house is unqualified and even seriously affects the buyer's residence, the error between the measured area and the tentative area is more than 3%, the developer changes the design of the buyer, and the developer mortgages the house. If you encounter these situations at the stage of buying a house, you can apply to check out.

2. How do I apply for check-out?

If you meet the conditions agreed in the contract to move out, it is best to negotiate with the developer first, and then go through legal procedures if the negotiation fails. At the deposit stage, you need to bring your own deposit to apply for check-out, and the contract is really the developer's reason to apply, and you can get double the deposit back. However, the process of filing a lawsuit can be lengthy, so it is best to coordinate with the developer to save costs and resolve the issue as soon as possible.

3. Be cautious when buying a house.

Buying a house is a very important event, many people have worked hard all their lives, he paid a down payment on a house, if you can't buy it carefully, it is easy to lead to yourself to buy an unfinished building, not only the money can not be returned, but the house can not be lived. It is recommended that you must understand in advance before buying a house, it is best to choose a relatively large brand of real estate on the market, and then buy after careful understanding, do not blindly follow, otherwise it is easy to buy unfinished buildings, in addition to this, you should also choose the existing house, and it is best not to contact the off-plan house.

If there is a quality problem in the house, you can ask to check out, and if the house is overdue, you can ask to check out. First of all, the person who buys the house must notify the developer to ask to move out, then go through the check-out procedures, and finally the developer will refund the money to the person who bought the house.

1. Delay the delivery of the house. Agreed with the developer on the delivery time, but did not wait for the notice of delivery and occupancy. According to the relevant provisions of the Judicial Interpretation, if the developer fails to perform within a reasonable period of three months after being urged by the buyer, the buyer has the right to request the developer to move out and return the deposit or interest paid on the house price.

2. The contract is invalid. The reason for the invalidity of the contract is mostly due to the incomplete procedures of the developer, and the developer must have complete documents before building and selling the house. If the developer's documents are incomplete, it is an illegal operation, and the contract signed with the buyer is invalid.

Since it is an invalid contract, the developer shall return the payment paid by the buyer.

process. Negotiate with the developer first, and then litigate.

Experts advise the owner to negotiate with the developer first if the conditions for moving out agreed in the contract are met, so as to avoid litigation costs. If the compensation conditions proposed by the developer are satisfactory to the owner, the owner can withdraw the request for moving out according to his own situation, or go through the check-out procedures with the assistance of the developer. If the coordination is inconclusive, then choose to litigate.

That is, the quality of the house is not up to standard, and the loan cannot be obtained, if the information provided by the foreign investor shows that it does not meet the conditions for a provident fund loan, the buyer cannot get a provident fund loan.

Legal analysis: (1) The purchase contract is invalid. The common circumstances that lead to the invalidity of the purchase contract are:

1. The developer has no right to dispose of the property. There are mainly situations where the developer has not obtained the pre-sale permit, the house is a common property without the written consent of the other co-owners, the ownership of the house is disputed, and the judicial or administrative organs have ruled or decided to seize or otherwise restrict the rights of the house in accordance with the law;

2. The developer has committed fraud.

2) Nesting error leads to check-out. According to the provisions of Article 19 of the Administrative Measures for the Sales of Commodity Housing, if the type of pre-sold house priced by set (unit) is inconsistent with the design drawings, or the relevant size exceeds the agreed error range, and the contract does not stipulate the treatment method, the buyer can move out;

c) Area error leads to check-out. That is, the error between the area agreed in the contract and the area of property right registration reaches a certain proportion. If the contract does not stipulate a specific ratio, according to the relevant regulations, the buyer has the right to move out when the absolute value of the error ratio exceeds 3%.

4) The developer changes the plan and design and causes the move-out. For the pre-sold commercial housing, the developer shall notify the buyer in writing within a certain period of time from the date of demolition of the commercial housing due to changes in the structural form, house type, space size, orientation and other circumstances that affect the quality or use function of the commercial housing as agreed in the contract, and the buyer can choose whether to move out after receiving the notice. If the developer fails to notify within the prescribed time limit, the buyer has the right to request to move out.

5) Unqualified quality leads to check-out. After the delivery of the commercial house, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-inspect it in accordance with the relevant regulations, and if the quality of the main structure is found to be unqualified, the buyer has the right to move out.

Legal basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts

Article 9 Where the main structure of the house cannot be delivered for use because the quality of the main structure of the house is unqualified, or the quality of the main structure of the house is verified to be unqualified after the house is delivered for use, the buyer's request to terminate the contract and compensate for losses shall be supported.

Article 10 If the buyer requests to terminate the contract and compensate for losses due to the quality of the house that seriously affects the use of the first potato jujube for normal residence, it shall be supported.

If there is a quality problem in the house delivered for use, the seller shall bear the responsibility for repairing it during the warranty period; If the seller refuses to make repairs or delays the repairs within a reasonable period of time, the buyer may make repairs on its own or by entrusting others to do so. The seller shall bear the cost of repair and other losses caused during the repair period.