What are the legal rules for buying a house and checking out? Under what circumstances can a home bu

At present, if you want to buy a house and check out, you must sign a contract, and if the house is of poor quality or in danger, you can apply.

The law stipulates that the buyer can move out of the house under the following circumstances: the main structure of the house after delivery is verified to be unqualified; The absolute difference between the actual area of the house and the area agreed in the contract is greater than 3%; After the delivery of the house, there are problems that seriously affect the quality of normal living and life.

Generally speaking, there are two types of conditions for check-out: contractual conditions and statutory conditions. If the move-out has been agreed in the purchase contract, the agreement can be followed; You can also apply for check-out in accordance with the relevant provisions of the Civil Code.

1. The error of the house area exceeds 3%. If the deviation between the measured area of the house at the time of delivery and the tentative area after signing is more than 3% from the square root, the buyer can clearly move out and request a refund of the loan interest.

2. Housing quality problems cause serious harm to the application. According to the new legal provisions, if the quality of the house seriously endangers the normal settlement application, the buyer can clearly check out and demand compensation from the developer.

3. There is a pledge, co-construction or other debt disputes in the house. If the developer mortgages or sells the sold property to the buyer before the property, and mortgages the house to someone else, the buyer can ask to move out after checking out.

4. It is not possible to apply for a property right certificate. Because of the developer's main reason, the buyer cannot get the title deed within the time agreed in the contract, and the buyer can ask to move out if he promises to check out according to this standard.

1. Incomplete five certificates: If the five certificates are incomplete, it is illegal for the developer to sell the house and it is a violation. If the buyer signs a contract without knowing such a thing, the contract is null and void.

2. Product quality problems: If there are major product quality problems in the house purchased by the buyer, which seriously endangers the normal settlement application of the buyer; or if the house delivered by the developer has passed the inspection and the quality of the main part of the house is assessed to be non-compliant, the buyer can clearly propose to move out and may stipulate compensation for the developer's losses.

3. Change the design plan without permission: The developer must obtain the permission of the buyer before changing the design plan. If the developer changes the house type, house orientation, total area and other related customization without the permission of the buyer, the buyer can ask the developer to move out.

4. Postponement of delivery: Postponement of delivery is the most common difficulty encountered by buyers, that is, the delivery date agreed in the contract has arrived, but the owners have not been able to get the developer's notice of moving in or the house does not have the standard of moving in, it is regarded as overdue delivery of the loan. According to the regulations, if the developer fails to perform within a reasonable period of three months after receiving the buyer's reminder letter, the buyer has the right to request the developer to vacate the property and request a refund of the advance payment or payment of the interest on the purchase price loan.

5. Delay the handling of the real estate certificate: Generally, the property right certificate of the new house is handled by the developer, according to the relevant sales contract commitments or laws and regulations, if the developer is unable to handle the real estate certificate within the agreed time due to various reasons, the buyer can clearly propose to check out.

Legal analysis: 1. The developer postpones the delivery of the house;

2. The contract is invalid due to incomplete development procedures of the developer;

3. The developer changes the design without the consent of the buyer;

Fourth, the error of the house area is more than 3%;

Fifth, the quality of the house leads to a serious impact on the use of historical information consumption;

When there is a mortgage or other economic disputes in the Liutan chain or the house.

Legal basis: Article 562 of the Civil Code of the People's Republic of China The parties may terminate the contract if they reach a consensus through consultation.

The parties may agree on the grounds for one party to terminate the contract. If the cause of termination is known at the time of termination, the person with the right to terminate may terminate the contract.

In the process of buying a house and checking out, it is necessary to implement it in accordance with certain legal rules, and if the error of the area of an ordinary house exceeds 3%, it is possible to request to check out.

1. The error of the house area exceeds 3%. If the absolute value of the error between the measured area of the house at the time of delivery and the tentative area at the time of signing the contract exceeds 3%, the buyer can propose to move out and request a refund of interest.

2. The quality of the house has a serious impact on the use. According to the latest judicial interpretation, due to the quality of the house, the buyer can move out and request the developer to compensate for the loss.

3. There is a mortgage, joint construction or other economic entanglement in the house. If the developer mortgages or sells the house to the buyer before selling the house, and then mortgages the house to someone else, the buyer can request to move out after finding out.

4. Unable to apply for property right certificate. Due to the developer's reasons, the buyer is unable to obtain the title deed within the period agreed in the contract, and the buyer can request to move out if this condition is agreed upon.

The process of check-out at different stages.

1. Deposit (deposit or subscription) stage:

When the buyer has paid a deposit (deposit or subscription), but has not signed a formal "commercial housing pre-sale contract": if the buyer has paid a deposit (deposit or subscription) to the seller, but has not clarified the nature of the payment and has not agreed, the buyer can directly ask the seller or his **person for the payment back.

2. The pre-sale cancellation stage has been done

At this stage, if one party wants to check out, first negotiate with the other party to see if they can reach a different opinion, if the two parties reach a different opinion, they must express it in writing and sign a formal check-out agreement. The content of the agreement should mainly include the agreement between the two parties to terminate the original house sale contract, who will bear the obligation for breach of contract, how to refund, how to implement it, etc.

3. Check-in stage:

After the completion of the house, the buyer has checked in and paid the taxes and fees due from the ** department, but the real estate certificate has not been processed before the check-out, the ordinary buyers who request to check out at this stage are buyers, and most of them are defaulted by the seller. In addition to the differences with the second stage request above, this stage also touches on issues such as property, renovation losses, taxes, and move-out time.

4. The final stage of the real estate certificate:

After the title deed is completed, the ownership of the house has been transferred, and the buyer cannot move out under normal circumstances unless agreed in the contract. If the seller has completed the final title deed for the buyer, but the seller advances the money, and the contract stipulates that if the buyer refuses to implement the payment obligation as agreed, the seller can terminate the contract and request the buyer to move out and bear the corresponding losses. In this case, both parties need to go to the real estate issuing authority to go through the procedures for the transfer or cancellation of the real estate certificate.

1. If the absolute value of the error ratio between the measured area of the house and the tentative area at the time of signing the contract exceeds 3%, the buyer can propose to move out and request a refund of interest. 2. If the developer mortgages or sells the house to the buyer before the first house, and mortgages the house to others, the buyer can ask to move out after finding out. 3. Cannot apply for property right certificate.

If the buyer is unable to obtain the title certificate within the time limit agreed in the contract due to the developer's reasons, the buyer can request to move out if this condition is agreed to be able to move out. What are the procedures for applying for check-out 1. Submit an application for check-out: Before the buyer submits the application for check-out, it is best to negotiate with the developer.

If the developer's own responsibility leads to the move-out, it will be the developer's own responsibility for the losses caused by the move-out, including the taxes and fees for the purchase of the house, the interest fee on the mortgage, the interest fee on the down payment deposit, and so on.

If there is one of the statutory circumstances, the buyer can exercise the statutory right of rescission and request to move out

1. After the purchase contract is confirmed to be invalid in accordance with the law, the buyer has the right to move out.

2. After the purchase contract is revoked in accordance with the law, the buyer has the right to move out.

3. If the mortgage is not possible, the buyer has the right to move out.

4. If the developer delays the delivery of the house or delays the application for the property right certificate for more than a certain period of time, the buyer has the right to move out.

5. If the error of the area of the house exceeds 3% of the absolute value, the buyer has the right to move out.

The legal provisions for buying a house are: if the buyer chooses to take out an installment loan, he must repay the loan on time, otherwise the real estate party has the right to withdraw the real estate certificate. The legal provisions for check-out are: to ensure that the rights and interests of the purchaser are legally safeguarded, no indiscriminate charges, and check-out according to the consumer's wishes.

Transaction tax is calculated based on the size of the home, the time of the transaction, and whether it is a first-time property. Deed tax: 1% for first-time buyers of less than 90 square meters; Sales Tax:

less than five years to pay according to the house price; Land Appreciation Tax: 1% of the house price for less than five years; Income tax is paid at a proportional rate of 20%.

[Legal basis].Article 1 of the Provisional Regulations of the People's Republic of China on Deed Tax.

Units and individuals who transfer the ownership of land and houses within the territory of the People's Republic of China are taxpayers of deed tax and shall pay deed tax in accordance with the provisions of these Regulations.

Article 2. The term "transfer of land and housing ownership" as used in these Regulations refers to the following acts:

1) the transfer of the right to use state-owned land;

2) Transfer of land use rights, including **, gift and exchange;

3) Housing sales;

4) Housing donation;

5) Housing exchange.

The transfer of land use in item (2) of the preceding paragraph does not include the transfer of the right to contract and operate land in rural areas.

Legal analysis: the circumstances in which the buyer can apply to move out: the overdue delivery exceeds a certain period; The quality of the house does not meet the standards agreed in the contract, cannot be repaired, or still cannot meet the agreed quality standards after repair; The property ownership certificate cannot be obtained in accordance with the contract due to the fault of the developer; The area error ratio is more than 3% of the absolute value; The developer changes the planning and design without authorization.

Legal basis: 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 of the combustion delay;

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) The parties to the first and paragraph or the other party delay the performance of the main debt, and fail to perform 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 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.

After buying a house, the developer wants to move out if there is a statutory breach of contract. If the delivery is overdue for more than a certain period, you can check out; If the quality of the house does not meet the standards agreed in the contract, cannot be repaired, or cannot meet the agreed quality standards after repair, it can be checked out; If the property ownership certificate cannot be obtained according to the contract due to the fault of the developer, it can be moved out.

[Legal basis].

Article 563 of the Civil Code The parties may terminate the contract if they have 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 contract in which the content of the continuous performance of the debt is obtained, the parties may terminate the contract at any time, but shall notify the other party before a reasonable period of time.

Situations in which buyers can move out smoothly:

1. The developer delays the delivery of the house for 3 months;

2. The developer delays the delivery of the house and still fails to perform the delivery obligation after being reminded;

4. The developer has other serious reasons for violating laws and regulations.

[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. Dan Liang.

After purchasing a commercial property, there may be a desire to move out for a variety of reasons. However, after the contract has been signed, neither party can arbitrarily demand non-performance or rescission of the contract. So, when can I check out?

First of all, if the buyer and seller negotiate peacefully and reach an agreement to check out, of course they can check out. However, in reality, this situation is relatively rare, and in the case of failure to reach an agreement, according to the law, the following situations can be required to check out: first, the developer does not have the qualification for the pre-sale license of commercial housing; Second, the quality of the main structure of the house delivered by the developer is unqualified or the quality of the house seriously affects the normal use of the house; Third, the construction area or construction area of the housing suite delivered by the developer is inconsistent with the area agreed in the commercial housing sales contract, and the absolute value of the area error ratio exceeds 3%; Fourth, changing the planning and design without authorization affects the structural form, house type, space size, and orientation of the house; Fifth, the delay in the delivery of the house or the buyer's delay in paying the purchase price fails to perform within a reasonable period of three months after being reminded; Sixth, it is impossible to register the ownership of the house due to the developer; Seventh, the application for a loan cannot be handled; Eighth, other circumstances stipulated in the contract.