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If you buy an off-plan property, wait for the other party to build it.
If it has expired, go to court.
That is, suing for compensation.
Whoever sold you, sue whom.
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Buy a house if you have already paid a deposit.
The house has not started construction for the time being, so you can wait patiently. However, if the project has been cancelled, you should contact the developer in time to return the deposit.
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This is a breach of contract by the developer. You can ask the developer to give you a refund. It's best not to buy off-plan properties that haven't been built.
Be sure to buy the constitution, so that you can be more sure. Sometimes, even if you buy a constitution, it is difficult to get a real estate deed. Some developers are irresponsible and start building houses without waiting for the 5 certificates to be complete, but as a result, his certificate cannot be obtained, and there is no way to get the real estate certificate.
At that time, it will be very difficult for you to return the money to him, and it is really difficult to defend your rights.
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After paying a deposit for buying a house and the house is not built, what should I do After exceeding the delivery time agreed in the purchase contract, you can ask for a refund and compensate for liquidated damages. If you don't pay for it, you can sue him in court for a refund and compensation for liquidated damages.
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In accordance with the provisions of Article 22 of the Administrative Measures for the Sales of Commodity Housing, if the conditions for the sale of commercial housing are met, if the real estate development enterprise collects the buyer with a fee in the nature of the reservation price before entering into the contract for the sale and purchase of the commercial house, the fee charged shall be offset against the price of the house price when the contract for the sale and purchase of the commodity house is concluded; If the parties fail to conclude a contract for the sale and purchase of commercial housing, the real estate development enterprise shall return the fees charged to the buyer; Where there is another agreement between the parties, follow the agreement. The developer's failure to hand over the house and sign the contract has constituted a breach of contract, and you can claim a refund of the subscription fee and claim liquidated damages.
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This kind of thing you said belongs to the purchase of off-plan housing, as long as the developer is reliable, there is generally no problem, continue to pay the balance to sign the purchase contract and wait for the delivery, if the delivery is delayed, you can claim compensation according to the contract.
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The deposit is refundable. In general, there are two possibilities for refund: first, the party receiving the deposit is in breach of contract and needs to return the deposit twice, and second, the two parties negotiate to terminate the contract, and the party receiving the deposit will return the deposit. The Civil Code provides:
The parties may, in accordance with the Civil Code, agree that one party shall pay a deposit to the other party as security for the creditor's rights. After the debtor performs the debt, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform the agreed debt, it has no right to demand the return of the deposit; If the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned double."
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This should be done by asking the developer to get the deposit back, and go to court to sue the developer to get the money back.
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It is best to buy a ready-made house to buy a house, you can see the house, the layout of the house, the financial materials, the quality, you buy the house and pay the deposit, the prince has not started construction, when you pay the money, the developer has an agreement, then you can only wait.
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It's about off-plan housing, which can be terminated in accordance with the contract and require liability for breach of contract.
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If you can't deliver the house on time when it expires, you can claim compensation from the developer or check out according to the contract requirements.
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If it is the other party's problem, of course, the deposit must be refunded.
I paid the deposit in Evergrande before, and then I didn't want it anymore, so I changed places, and the deposits were all refunded, but it took three months to arrive, but after all, it still arrived.
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This kind of house should be new, and it usually takes more than a year to two years to build it.
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What should I do if I pay a deposit to buy a house and the house is not built?
1. Negotiate with the developer. Such owners can unite with other owners to defend their rights and negotiate with the developer. In the course of consultations, attention should be paid to the legality of rights protection methods, and excessive acts must not be taken, let alone acts that disrupt public order such as encirclement.
2. Apply to check out. If the developer fails to deliver the house on time, but still fails to perform the contractual obligations within the time limit agreed in the contract, and fails to perform within the statutory time limit after being reminded, then the buyer can terminate the purchase contract in accordance with the law and request the developer to compensate. 3. Filing a lawsuit with the court.
If the coordination with the developer fails, you can file a lawsuit with the court to demand that the developer-type banquet merchant compensate for his losses. Article 60 of the Contract Law: Strict performance and good faith 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.
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Legal analysis: If you don't want to buy a house after paying a deposit, you can inform the other party. However, the deposit already paid will not be refunded, as it has the effect of guaranteeing the performance of the obligation.
Legal basis: Article 587 of the Civil Code of the People's Republic of China Where the debtor performs its debts, the deposit shall be offset against the price or recovered. If the party paying the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, it shall not have the right to request the return of the deposit; If the party receiving the deposit fails to perform its debts or the performance of its debts does not conform to the agreement, resulting in the inability to achieve the purpose of the contract, the deposit shall be returned twice.
The deposit of 50,000 yuan paid for the purchase of a house is generally non-refundable. Because in terms of law, the deposit has a two-way guarantee significance, if the buyer wants to regret after paying the deposit, he has no right to get the deposit back; Of course, if the real estate party is in breach of contract, it is not only necessary to return the deposit according to law, but also to pay double compensation. Let's discuss with you the issue of the deposit for buying a house, hoping to inspire buyers. >>>More
1. How to deal with the other party's breach of contract after paying the deposit? >>>More
Normally, it can be refunded, but the deposit is not. >>>More
The agreement is a deposit.
(written agreement) then the rules of deposit shall apply. If the deliverer breaches the contract, the deposit will not be refunded. The so-called deposit rule reflects the following aspects: >>>More
A lawsuit can be filed with the court, and if the developer has not obtained the pre-sale permit for commercial housing before the lawsuit, the previously signed contract will be invalid, and the developer can be required to move out and compensate for the loss. If the developer obtains a pre-sale permit before the lawsuit, the contract is valid, and the developer can be required to continue to fulfill its obligations and cooperate with him in handling the housing registration process. If the developer has obtained the "Commercial Housing Pre-sale License", but does not cooperate with the filing and registration, he can complain to the housing management department to protect his legitimate rights and interests. >>>More