Can I check out after signing the online contract?

If the online purchase contract meets the following conditions, it is possible to check out

1) If the purchase contract is invalid, the buyer can return the house, and the seller must return the purchase price;

2) If the two parties reach an agreement through consultation, the house sale contract can be terminated, the buyer will return the house, and the seller will return the purchase price;

3) If the purchase contract is terminated under statutory circumstances, the buyer shall return the house, and the seller shall return the purchase price.

According to the provisions of the Civil Code, the online purchase contract can be refunded under certain circumstances. For example, if the purchase contract is invalid, the buyer can return the house, and the seller must return the purchase price, etc.

Data Extensions

Housing online signing means that the buyer and the sales object sign the contract to the real estate management department for the record, and the real estate management department will publish the transaction information on the Internet and issue the online signature number. Any individual, unit or collective can inquire about the real estate transaction information through the Internet. The purpose of online housing signing is to make real estate transactions more transparent and prevent developers or real estate agents from selling more than one house.

After signing the online contract, you can check out. The online signing is only to record the purchase contract of the house with the housing management department, and the online signing can be revoked if both the buyer and the seller agree. After the online signature is revoked, the status of the house will become for sale again, and it can be sold to others.

It is difficult to check out the house that has been signed online, not because the housing management department is not easy to handle, but because it needs to be approved by the developer.

Since the check-out is due to personal reasons, that is, the unilateral termination of the contract, then you will have to bear the liability for breach of contract and need to pay liquidated damages to the seller. The amount of liquidated damages is generally subject to the contract, and the two parties usually agree on the standard of liquidated damages when signing the house sale contract, but if the two parties reach a separate agreement at the time of termination, the agreement between the two parties shall prevail.

Legal basis:

Article 585 of the Civil CodeThe parties may agree that one party shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.

You can check out after signing the online contract, but this behavior has constituted a breach of contract and you need to pay liquidated damages. The specific amount of liquidated damages to be paid depends on the specific content of the contract between the two parties. Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may be requested to appropriately reduce them.

Generally speaking, if the liquidated damages agreed upon by the parties exceed 30% of the losses caused, it can be determined that they are "excessively higher than the losses caused".

Extended Information: Check-out Procedure.

1. Negotiate with the developer first, and then litigate if the negotiation fails.

If the conditions for moving out are met, it is best to negotiate with the developer first, 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 mediation fails, then choose litigation or arbitration.

If the landlord does not stipulate a check-out clause in the contract, but meets the statutory check-out conditions, the court will also uphold the owner's move-out request. For the request to move out that is not agreed in the contract and is not within the scope of the law, it is recommended that the owner should first coordinate with the developer. Litigation is usually filed in such cases, and the forensic appraisal process is relatively lengthy.

2. Ask for liquidated damages and related taxes.

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.

3. The down payment and monthly interest can be compensated.

In terms of check-out payment, buyers who use a lump sum payment can directly request the developer to refund their payment and the corresponding interest. However, the situation of buying a house through a mortgage loan or provident fund loan is more complicated. In practice, the developer divides the refundable purchase price into two parts, the part belonging to the buyer's down payment is directly returned to the buyer, and the part belonging to the buyer's loan from the bank is directly returned to the bank, and the buyer is deemed to have repaid the loan to the bank in advance.

The bank receives the repayment and terminates the loan contract with the buyer.

The online signing of the house purchase contract can be refunded, but both parties need to negotiate voluntarily, according to the contract signed by both parties to bear the liability for breach of contract and pay liquidated damages, the buyer and the developer negotiate and agree together with the ID card, the online signing contract, the developer's certificate to the housing management department to apply for cancellation of the online signature, and then check out; Second-hand houses need to be negotiated and agreed by the buyer and the seller to apply to the housing management department to cancel the online signature of the number of sales, and then check out.

After signing the online contract, you can check out.

If the house has been signed online, it can be returned, but it must be negotiated and voluntarily negotiated by both parties, and the liability for breach of contract must be borne in accordance with the contract signed by both parties, and a certain amount of liquidated damages must be paid.

If the purchase of a house is a new house, then the buyer and the developer should coordinate, and both parties should reach an agreement to bring their ID cards together, sign the contract online, and the developer will prove that they will go to the housing management department to apply for cancellation of the online signature and check out, and if it is a second-hand house, it is necessary to negotiate with the seller to reach an agreement.

Precautions for signing contracts online.

When signing online, it is necessary to check whether the developer has a pre-sale license for commercial housing, and with a pre-sale certificate, the developer usually also has a land use certificate, planning permit, construction project permit, etc. This is the key to whether you can get a real estate certificate when buying a house.

When signing online, it is necessary to use the standard housing sales contract text uniformly printed by the real estate management department, and fill in the terms listed in the text one by one, and must not be sloppy. When signing online, you must pay attention to whether the rights and obligations in the content filled in by both parties in the contract terms are equal.

The buyer and the developer can go to the housing management department to apply for cancellation of the online signature and then check out together with their ID cards, online signed contracts, and the developer's certificate. Second-hand housing requires the buyer to negotiate and agree with the seller to the housing management department to apply for the cancellation of the online signature, and then check out.