Can I check out of the off plan property, and can I check out of the off plan property

Off-plan properties can be checked out.

1. Under the circumstance that the off-plan contract is legal and valid, both parties to the contract shall perform their contractual obligations as scheduled.

2. In the check-out group, a large part of the buyers propose to check out because the house price is too fast and too much, and after a few days, there is a price difference of tens of thousands or even hundreds of thousands of dollars before and after the house price, and the psychology cannot bear it. In this case, the buyer's request for vacating the property or reducing the price for compensation is unreasonable, and the developer has no responsibility and obligation to meet these requirements.

3. But it doesn't mean that off-plan properties can't be checked out. Off-plan properties are available for check-out under certain circumstances.

Conditions for check-out of off-plan properties:

1) The content of the contract for the sale and purchase of commercial housing is different from the content of the subscription letter.

Commodity housing transactions usually adopt the method of signing the subscription letter first and then signing the commercial housing sales contract, and in nature, the commercial housing subscription letter is an appointment with pending clauses.

Since the main terms of the contract have been determined and the contract has been formed, the parties shall continue to negotiate for the conclusion of this agreement on outstanding matters. If the standard contract provided by the developer is inconsistent with the terms of the subscription letter, or the terms of the contract for the sale and purchase of commercial housing are unreasonable, the buyer has the right to refuse to sign and demand the return of the deposit.

2) The developer has not obtained the corresponding approvals and certificates.

Article 44 of the Urban Real Estate Management Law stipulates strict conditions for the pre-sale of commercial housing, among which obtaining a pre-sale permit for commercial housing is a prerequisite for the developer's pre-sale. If the developer does not obtain a pre-sale permit for pre-sale, the signed contract has no legal effect and the owner has the right to request to move out.

3) Unilateral change of the plan by the developer.

After signing the contract for the sale and purchase of commercial housing, if the developer unilaterally changes the planning and design of the orientation, area, house type and other plans without the consent of the buyer, the buyer has the right to terminate the contract and require the developer to pay the corresponding compensation.

It depends.

Off-plan housing inspection can not be refunded if you are simply not satisfied. The circumstances under which the off-plan property can be checked out are as follows: (1) the purchase contract is invalid; (2) Errors in the type and area of the set lead to check-out; (3) Changing the plan or design resulting in check-out; (4) The quality of the main body of the house is unqualified or the normal residential use is seriously affected by the quality of the house.

If the mortgage has been handled, first of all, the developer negotiates, and if the developer executes the contract, if you want to check out, both parties can reach an agreement to go through the check-out procedures; You need to pay off your mortgage before you can go to the housing authority to cancel your home information in order to achieve the purpose of moving out completely. If you don't pay off the bank loan, how to cancel your home from the housing authority information.

Legal analysis: If the developer violates the contract, he can be suspected of moving out. Otherwise, you will be liable for breach of contract.

Legal basis: 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.

If there is an agreement or statutory cancellation, the off-plan property can be checked out. The check-out process is as follows: 1. If there is an agreement on the conditions for terminating the contract, a notice of termination of the contract shall be issued or a lawsuit shall be filed in the people's court; 2. If you negotiate to check out, negotiate on the check-out matters; 3. After the negotiation is confirmed, the termination agreement is signed; 4. Fulfill the obligations agreed in the agreement.

According to the first paragraph of Article 563 of the Civil Code, the parties may terminate the contract under any of the following circumstances: 1) the purpose of the contract cannot be realized 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 obligation; (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 has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law. The parties may terminate the contract under any of the following circumstances 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 obligation; (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 has other breaches of contract, resulting in the inability to achieve the purpose of the contract; (5) Other circumstances provided for by law.

Those who have purchased off-plan properties can request to check out. The buyer shall send a notice of check-out to the developer, and the developer shall go through the check-out procedures for the buyer within 15 days of receiving the check-out notice, and after completing the check-out procedures, the developer shall return all the purchase price to the buyer, and the defaulting party shall pay the corresponding liquidated damages to the other party according to the agreement.

[Legal basis].

Article 563 of the Civil Code.

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 obligation;

3) The party involved in the burial of the jujube party 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 has 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 contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Article 577.

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.

If you meet certain conditions, you can ask to check out. The common conditions for check-out are: the developer delays the delivery of the house by 3 months; The developer delays the delivery of the house and still fails to perform the delivery obligation after being reminded; The developer has material concealment or fraudulent behavior to infringe the rights of the other party; The developer does not have the five certificates to sell off-plan properties, etc.

[Legal basis].Article 153 of the Civil Code.

Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act.

Civil juristic acts that are contrary to public order and good customs are invalid.

Article 502.

A contract established in accordance with law shall take effect upon its establishment, unless otherwise provided by law or otherwise agreed by the parties. In accordance with the provisions of laws and administrative regulations, if the contract shall go through formalities such as approval, follow those provisions. If the failure to go through formalities such as approval affects the effectiveness of the contract, it does not affect the validity of the provisions of the contract on the performance of obligations such as reporting for approval and the validity of the relevant clauses.

If a party who should go through formalities such as applying for approval fails to perform its obligations, the other party may request that it bear responsibility for violating such obligations.

For buying a house, you still need to be fully prepared to be able to deal with various problems that will arise randomly. For example, after we buy an off-plan house, we find that there are some problems with the off-plan house, can the off-plan house be refunded at this time? Let's follow me to find out.

1. Can I check out of the off-plan property?

1. It is not possible to check out of off-plan properties. In the case of the legal and valid contract, both parties should perform their contractual obligations as scheduled, in the group of check-outs, a large part of the reason why people check out is because the house price is too fast, after a few days before and after the house price there are tens of thousands or even hundreds of thousands of price differences, so the heart can not bear.

2. Therefore, in this case, it is not reasonable for the buyer to ask to move out. The developer has no responsibility or obligation to meet this requirement. However, it does not mean that off-plan properties cannot be checked out, and it is still possible to check out under certain circumstances.

Second, what are the disadvantages of off-plan housing?

1. The off-plan house cannot be delivered on time, for example, the contract states which day it will be delivered, but some developers will fail to deliver the house within the time limit. Whether it is the developer's intended deception or other objective reasons, it will bring disadvantages to the buyer. Once the developer is overdue, it is difficult to determine the time for completion.

2. Some developers will be disappointed when they see the house at the end because of excessive hype in the early stage. Because most of the buyers see according to the drawings are the floor plan of the house type, or the model of the house type. It is difficult to make a standard judgment on the area of the house, the house type, the landscape and the overall planning, etc.

So when you look at it after the house is all finished, you will feel that it is very different from what the developer introduced.

3. Compared with buying other houses, the risk of buying off-plan property is relatively large. It is unknown whether the developer can target the promises made, and the market is also unknown. If the price goes up, then the buyer will gain, and if the price falls, then the buyer will suffer.

Summary: Can the off-plan property be refunded? I believe everyone has understood it after reading the article. I hope the above content can bring you some help and suggestions, if you want to know more about it, please continue****.