What are the success stories of checking out for personal reasons

As follows:

On September 20, 2017, a house of 110 square meters in Baoshan, Shanghai, under the promotion of Centaline Real Estate, signed a deposit agreement with a foreign household registration family, with a deposit of 200,000 yuan, and agreed to sign a sales contract on November 20, pay a down payment, etc., but by November 20, the buyer's own house has not been transferred to his next family, because non-Shanghai residents can only have a house in Shanghai, so they are still not qualified to buy a house.

If you have just paid the deposit and have not signed a formal contract: it is easy to return, but it is best to return through the help of some relationship channels, it is difficult to return by yourself, and it is easy to be deducted by the developer. If you have paid a down payment and have not yet received the house:

You can refund, about 60% can be refunded, 40% can't be refunded, and you need to have a professional to help you judge.

If it is the time to receive the house, the house is not delivered, and the work is not stopped: it can be refunded, but now that there is an epidemic, the developer will claim force majeure. If it is time to close the house, the house has not been delivered, and the work has been stopped, it is best not to return, because once it is finished, it is easy to empty the money and the house.

Under what circumstances does a home buyer have the right to move out?

1. Delay in delivery. Generally, the agreed period of delay in delivery of the house can be moved out of the range of 30 days to 90 days, if the developer can not deliver the house beyond this period, the buyer can ask the developer to move out, and ask for double return of the deposit or pay interest on the house price.

2. The developer lacks valid documents and approvals, resulting in the invalidity of the contract. According to the regulations, 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.

The buyer shall vacate the house, and the developer shall return the payment paid by the buyer.

3. The developer changed the design without the consent of the buyer. If the developer changes the design of the house without the consent of the buyer, the buyer may request the developer to move out in accordance with the contract.

Just paid the deposit, did not sign a formal contract: it is easy to return, but it is best to return through the help of some relationship channels, it is difficult to return by yourself, and it is easy to be deducted by the developer.

After paying the down payment and not receiving the house: it can be refunded, about 60% can be refunded, 40% can not be refunded, and a professional needs to help judge.

When it is time to receive the house, there is no delivery, and there is no work stoppage: it can be returned, but now that there is an epidemic, the developer will claim force majeure.

When it is time to close the house, the house has not been delivered, and the work has been stopped, it is best not to return, because once it is unfinished, it is easy to empty the money and the house.

After-sales charter shops: It is recommended to leave early, especially when the project is completed but not opened, because it is a small probability event to operate well, and it is necessary to check out when the developer has money.

The house has been handed over and the real estate certificate has been issued: it is difficult to return, unless the house has serious quality problems, area shrinkage problems and other hard injuries, it is recommended to sell it at a reduced price.

Successful cases of check-out for personal reasons are: on September 20, 17, a house in Baoshan, Shanghai was 110 square meters, and under the promotion of Centaline Real Estate, a deposit agreement was signed with a foreign household registration family, with a deposit of 200,000 yuan, and it was agreed to sign a sales contract on November 20, pay a down payment, etc., but on November 20, the buyer's own house has not been transferred to his next home, because non-Shanghai residents can only have a house in Shanghai, so they are still not eligible to buy my house.

Although he can sign the contract first, and wait for his house to be transferred before he can sign online and apply for a loan, etc., but the intermediary calculated, and it will take about a month, at that time, due to the misestimation of the housing price trend, so he is unwilling to wait for him for another month, and chooses not to sell, the responsibility lies in the buyer's failure to carry out the deposit agreement, but still returned the 200,000 deposit to the seller.

"Checking out" is legally called "dissolution of the purchase contract". Generally speaking, the terms of a contract are voluntarily concluded after negotiation between the parties, and the concluded contract has legal effect, and neither party can renege on it at will. Therefore, there is no such thing as an absolute "unconditional departure", and one party can only terminate the contract if the conditions prescribed by law or agreed in advance by both parties are met.

According to the current legal provisions of China, the reasons for moving out supported by the law can be divided into two categories, one is the statutory right of rescission, that is, regardless of whether the contract between the parties has provisions, as long as there are some specific breaches, the law directly allows one party to the contract to exercise the right of rescission.

The success stories of personal reasons for check-out are briefly described below:

A considerable number of friends reported that the sales were enthusiastic when they paid the money, and the enthusiasm disappeared all of a sudden after the money was paid. How enthusiastic the sales person is when you pay the money, how indifferent the other party is when you check out, and even ignore them. Some sales also speak ill of each other, with all kinds of verbal violence and even threats to buyers, and only a small percentage of these sales still have professional ethics and conscience.

Because the sales feel that they have signed a contract with you, you will have nothing to do with them, which is why they are so arrogant. However, there is a lot of room for operation in terms of check-out, and the following examples are given in this article.

Mr. Wang from Foshan asked a few friends to go to see the house together on the weekend, and when he visited, the sales smiled and greeted them very patiently to introduce various real estate projects. During the visit, a friend of Mr. Wang felt that a certain suite was very good, and Mr. Wang felt that there was nothing wrong with it, coupled with the enthusiastic persuasion of sales, Mr. Wang signed the purchase contract on the spot and paid a deposit of 200,000 yuan.

After returning home, Mr. Wang told his family about it, and the family agreed that this stall was not suitable for a loan to buy a house, and the location of this property was not superior. After a night of tossing and turning, Mr. Wang went to the sales center to check out early the next morning.

When Mr. Wang arrived at the sales center, he found the sales person he had interviewed yesterday, explained the situation to the other party and asked to check out. Mr. Wang negotiated with the other party for a long time without results, and the other party just coldly said that Mr. Wang's check-out is a breach of contract, and the deposit will not be returned, even if Mr. Wang goes to the lawsuit, he will not return the deposit.

The disheartened Mr. Wang returned home, he himself was buying a house for the first time, and he didn't know the way to it, although 200,000 yuan was not a small amount, so it should be spent to buy a lesson.

Summary. Hello, your question has been received, now for you: In general, there are very few successful cases of no-reason check-out, and even almost no real estate lawyers say that no-reason check-out is more of a marketing gimmick and less feasible at the operational level, just like the guaranteed buyback introduced by a developer a few years ago.

1.Now that housing prices are high, many buyers are taking out loans to buy houses, and such buyers have a credit relationship with the bank after buying a house, and the bank cannot give you an unconditional return of the loan. 2. If the consumer has been registered with the Planning and Land Commission, it is more troublesome to change the name during this period.

According to the relevant regulations, in order to avoid the number, if the buyer wants to cancel the filing registration, it must go through judicial judgment, arbitration or notarization, etc., which is quite cumbersome to operate. Above, I hope it can help you, thank you!

Hello, your question has been received, now for you: Generally speaking, there are very few successful cases of no-reason check-out, and even almost no real estate lawyers say that no-reason check-out bucket is more of a marketing gimmick and less feasible at the operational level, just like the guaranteed buyback launched by developers a few years ago. 1.

Now that housing prices are high, many buyers are taking out loans to buy houses, and such buyers have a credit relationship with the bank after buying a house, and the bank cannot give you an unconditional return of the loan. 2. If the consumer has been registered with the Planning and Land Commission, it is more troublesome to change the name during this period. In order to avoid the number, if the buyer wants to cancel the filing registration, he must go through judicial judgment, arbitration or notarization, etc., which is quite cumbersome to operate.

Above, I hope it can help you, thank you!

3. If most of the houses currently on sale are for a period of time, it will take at least 1 2 years for buyers to buy and close the house, and if they find that they are not satisfied with the time of closing the wide building, then the cost of funds and mortgage loan interest paid by buyers in these 1 2 years is also a large amount. 4. Before the house is collected, there is a 3% and 5% deed tax expenditure according to the different slag accumulation of the building surface. If the buyer chooses to check out at this time, it is actually not cost-effective.

I bought an existing house, paid a deposit, paid a down payment, and now regretted not buying it, how can I return it.

The specific operation is more troublesome. The deposit itself is protected by law, the developer is not at fault, the deposit will not be easily returned, the down payment to be refunded is also deducted a certain amount of liquidated damages, to the sales office to choose to cry, there are also successful, but it is not recommended to return this way. Under normal circumstances, the buyer only paid the deposit, did not pay the down payment to sign a formal contract, and did not like the selected house type, in the case of the deposit is not refunded, and the property market is not good, the developer will agree to the buyer to change the house.

But as long as the down payment is paid, the developer will not agree, and it is necessary to go to the housing authority to revoke the record, as well as the signatures of the various leaders of the developer, and the whole process is very troublesome.

Successful cases of check-out for personal reasons are: on September 20, 17, a house in Baoshan, Shanghai was 110 square meters, and under the promotion of Centaline Real Estate, a deposit agreement was signed with a foreign household registration family, with a deposit of 200,000 yuan, and it was agreed to sign a sales contract on November 20, pay a down payment, etc., but on November 20, the buyer's own house has not been transferred to his next home, because non-Shanghai residents can only have a house in Shanghai, so they are still not eligible to buy my house.

Generally speaking, the terms of the contract are voluntarily concluded after negotiation between the parties, and the concluded contract has legal effect, and neither party can renege on it at will. Therefore, there is no such thing as an absolute "unconditional departure", and one party can only terminate the contract if the conditions prescribed by law or agreed in advance by both parties are met.

"Checking out" is legally called "dissolution of the purchase contract". Generally speaking, the terms of a contract are voluntarily concluded after negotiation between the parties, and the concluded contract has legal effect, and neither party can renege on it at will. Therefore, there is no such thing as an absolute "unconditional departure", and one party can only terminate the contract if the conditions prescribed by law or agreed in advance by both parties are met.

According to the current legal provisions of China, the reasons for moving out supported by the law can be divided into two categories, one is the statutory right of rescission, that is, regardless of whether the contract between the parties has provisions, as long as there are some specific breaches, the law directly allows one party to the contract to exercise the right of rescission.

Legal Analysis: Personal Reasons Off-plan Check-out Process 1. You have to negotiate with the developer and get the developer's consent before you can proceed with the check-out procedures. Explain the reason for moving out to the developer, and get permission to apply before proceeding.

2. You must submit the information for applying for check-out.

Legal basis: Civil Code of the People's Republic of China

Article 465:Contracts established in accordance with law are protected by law.

A contract established in accordance with law shall only be legally binding on the parties, unless otherwise provided by law.

Article 469:The parties may conclude a contract in written, oral or other forms.

The written form is a form in which the contents of the contract, letter, telegram, telex, fax, etc. can be tangibly expressed.

Data messages that can be tangibly represented in electronic data interchange, e-mail, etc., and that can be accessed at any time shall be deemed to be in writing.

Article 509:The parties shall fully perform their obligations in accordance with the agreement.

The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 929:In a paid entrustment contract, where the client's losses are caused by the trustee's fault, the client may request compensation for the losses. In the case of a gratuitous entrustment contract, if the client suffers losses due to the trustee's intention or gross negligence, the client may request compensation for the losses.

Where the trustee exceeds his authority and causes losses to the client, the losses shall be compensated.

Article 930:Where a trustee suffers losses due to reasons not attributable to him or her when handling entrusted affairs, he may request compensation from the client.