I want to check out, what should I do if the developer doesn t give me a refund

I would like to check out the developer does not give the return when the practice is as follows:

1. If the contract has been filed but the real estate certificate has not been processed, if the buyer and seller have a house in breach of contract, they can check out, and if the developer is in breach of contract, the owner can ask to check out, return all the fees paid and compensate. If the real estate certificate has been processed and the buyer and seller have breached the contract, after checking out and compensating, both parties must go to the real estate issuing authority to go through the procedures for the transfer or cancellation of the real estate certificate.

The buyer sends out a notice to move out.

All procedures will be completed within 15 days. Within 15 days after the buyer requests to move out, the developer shall refund all the housing payment paid by the buyer, and shall be responsible for handling all the procedures for the termination or termination of the contract between the buyer and the lending bank, and the developer shall refund the housing payment. The developer shall, after the buyer issues a notice to move out, return the full purchase price to the buyer, and complete the repayment procedures with the provident fund management agency or the lending bank.

2. If the seller has breached the contract but refuses to check out, the buyer can communicate and negotiate with the developer first. In the current situation of rising housing prices, if the check-out is only a refund of the original purchase price, the buyer will often suffer losses. Therefore, from a financial point of view, checking out may not be a very wise choice.

The buyer can negotiate with the developer and ask the developer to compensate for the damage caused by the breach by other means, such as paying liquidated damages. If the negotiation fails, the buyer can file a lawsuit with the court to terminate the contract, and at the same time claim that the seller bears the liability for breach of contract or compensation, and at the same time pays for the losses suffered by the seller due to the move-out, such as lost work expenses, car fares, etc.

Laws and Regulations

Civil Code of the People's Republic of China

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 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

If you want to check out but the developer won't give you a refund, you can take the following steps:

1.Check the terms of the contract: First, you need to check the relevant terms in the purchase contract to understand the conditions and procedures for moving out. If the conditions for check-out are clearly stated in the contract, you can apply according to the contract.

2.Negotiate with the developer: If the conditions for moving out are not clearly stated in the contract, you can negotiate with the developer. You can put forward your own reasons for moving out, such as the quality of the house, personal reasons, etc., and negotiate with the developer to solve it.

3.Seek legal assistance: If negotiation with the developer fails, you can seek legal assistance. You can consult a lawyer to understand your legal rights and take appropriate legal measures.

4.Complain to the relevant authorities: If the developer has a violation, you can complain to the relevant authorities. For example, you can file a complaint with the Department of Housing and Urban-Rural Development or the Consumer Association and ask them to help resolve it.

In short, when it comes to moving out, you need to carefully review the terms of the contract, negotiate fully with the developer, and if necessary, seek legal assistance or file a complaint with the relevant authorities to protect your legal rights and interests.

Legal analysis: 1. Require the developer to pay liquidated damages.

2. Sue the developer in court with the purchase contract.

Legal basis: Article 577 of the Civil Code of the People's Republic of China Article 17 If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, the uproar shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Under normal circumstances, after the buyer moves out, the developer wants to return the buyer's money to the buyer, but if the developer refuses to return, the buyer should first negotiate with the developer to settle the problem, if the buyer cannot reach a consensus, the buyer can file a lawsuit to protect their legitimate rights and interests. If there is a check-out dispute, it is recommended to consult the check-out information consultation platform。[Click here to inquire about how to refund the deposit for the purchase of the house.]

You can ask the developer to refund the price of the property in the following cases:

1. If you want to go to the real estate bureau to cancel the contract for the record, you will return the money in full (no liquidated damages), and the contract will be given in full: the developer has agreed to refund the full amount and signed the refund document. In this case, you can go on and write off.

2. In accordance with the provisions of the Administrative Measures for the Sales of Commodity Housing and the Interpretation of the Higher People's Court on Several Issues Concerning the Application of Law in the Trial of Dispute Cases, it is possible to check out. 3. First, if the set type is inconsistent with the design drawings or the relevant dimensions exceed the agreed error range, and the contract does not stipulate the treatment method, the buyer can move out; Second, the developer's unauthorized change of planning and design, planning changes approved by the planning department, and design changes agreed by the design unit lead to changes in the structural type, house type, space size, and orientation of the commercial housing. 4. The quality of the main structure of the commercial housing is indeed unqualified.

5. The overdue delivery of the house meets the legal requirements or the contract. If you want to know more about the check-out, it is recommended to consult the check-out information consultation platform, which has senior retirement people to give professional advice one-on-one for the details of different cases, and has won the rights and interests due to many customers. The regular company specializes in helping customers return the down payment for buying a house, no charge if it is unsuccessful, and no fees are charged in the early stage.

Professional refund of the purchase deposit, continue to learn from experience, for the majority of customers who need to solve the purchase deposit dispute professional legal knowledge, free consultation.

1. What should I do if the developer doesn't give me a refund if I want to check out?

1. If you want to check out, the developer will not give you the following treatments:

1) Check out if you meet the check-out conditions. According to the current law, there are two main types of check-out conditions: agreed conditions and statutory conditions. The agreed conditions refer to the conditions under which the buyer and the developer agree in the purchase contract that they can move out;

2) Re-litigation if the negotiation fails. If the check-out conditions agreed in the contract are met, negotiate with the developer first. If the compensation conditions proposed by the developer can satisfy the owner, the owner can withdraw the check-out request according to his own situation, or go through the check-out procedures with the assistance of the developer;

3) Claim liquidated damages and related taxes. In addition to the full price of the house and the corresponding interest, the developer must also compensate the owner for the upfront expenses. In terms of claiming liquidated damages, if the developer breaches the contract and causes the property to move out, and both parties have agreed on liquidated damages in the contract, then the developer must compensate as agreed.

In addition to the full price of the house and the corresponding interest, the compensation also includes some expenses incurred by the owner in the early stage, such as stamp duty, purchase deed tax, transaction fees, surveying and mapping fees, registration fees, interest losses, house purchase fees and lawyer fees, etc., which are included in the actual losses of consumers and compensated by the developer.

2. Legal basis: Article 528 of the Civil Code of the People's Republic of China.

Where a party suspends performance in accordance with the provisions of the preceding article, it shall promptly notify the other party. Where the other party provides appropriate guarantees, performance shall be resumed. After the suspension of performance, if the other party fails to restore its ability to perform within a reasonable period of time and fails to provide appropriate guarantees, it shall be deemed to have indicated that it has not performed the main debt by its own conduct, and the party suspending performance may terminate the contract and may request the other party to bear the liability for breach of contract.

2. What is the check-out process for suing the developer.

1. The buyer makes a request to check out;

After the refund procedure is completed within working days, the developer shall refund the full amount of the house within 15 working days and terminate the contract. Before the relevant formalities or documents are signed, the developer shall pay the principal and interest paid monthly on behalf of the buyer;

3. The developer shall pay liquidated damages for more than 15 days.

The measures to be taken by the developer when not moving out are as follows: if the check-out has been agreed in the purchase contract, it can act in accordance with the agreement; If the move-out clause is not stipulated in the purchase contract but the statutory check-out conditions are met, the applicant may choose arbitration or litigation to request to move out; If the house purchase hall unilaterally breaches the contract, it can check out by assuming the liability for breach of contract.

Article 563 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 commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite defence contract with the content of a continuously performed debt, the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time.

Article 577 of the Civil Code of the People's Republic of China.

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.