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According to the procedure, the house that has been signed online can be checked out.
Because the online signing only records the purchase contract of the house with the housing management department, the online signing can be revoked if both the buyer and the seller agree, and the status of the house after the revocation of the online signature will become for sale and 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.
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Legal Analysis: Yes. You can check out after signing online, but both parties need to negotiate voluntarily and bear the liability for breach of contract and pay liquidated damages according to the contract signed by both parties.
First-hand houses need to be negotiated and agreed by the buyer and the developer to the housing management department to apply for cancellation of the online signature and then check out with the ID card, online signing contract, and the developer's certificate. Second-hand houses require the buyer and the seller to negotiate and agree together with their respective ID cards, online signing contracts and other materials to the housing management department to apply for cancellation of the online signature, and then check out.
Legal basis: Article 565 of the Civil Code of the People's Republic of China: Where one of the parties claims to terminate the contract in accordance with law, it shall notify the other party. The contract shall be terminated when the notice reaches the other party; If the debtor fails to perform its obligations within a certain period of time, the contract shall be automatically terminated, and if the debtor fails to perform its obligations within that time limit, the contract shall be terminated upon the expiration of the time limit specified in the notice.
If the other party has any objection to the termination of the contract, either party may request the people's court or arbitration institution to confirm the validity of the termination. If one of the parties directly claims to terminate the contract in accordance with law by filing a lawsuit or applying for arbitration without notifying the other party, and the people's court or arbitration institution confirms the claim, the contract shall be terminated when a copy of the complaint or a copy of the arbitration application is served on the other party.
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You can check out after signing online for the purchase of the house, but this behavior has constituted a breach of contract and you need to pay liquidated damages. As for the check-out process, the transaction is a new house, and the buyer and the developer need to negotiate and agree together with the ID card, the online signing contract, and the developer's certificate to the housing management department to apply for cancellation of the online signature, and then check out; The transaction is a second-hand house, and the buyer and the seller need to negotiate and agree together with their respective ID cards, online signing contracts and other materials to the housing management department to apply for cancellation of the online signature, and then check out.
1. How to deal with the developer's postponement of delivery?
2. Owners of Lianhuai Yuhe: Unite the owners of the entire community to find the developer theory, so that they can pay attention to it and get compensation smoothly.
2. What is the process for the seller to change the name of the contract on his own.
The process for the seller to change the name of the contract on their own is as follows:
1. If there is no online signing and filing, you only need to simply re-sign the contract with the developer, 2. If you have completed the online signing and filing, because the loan procedures have usually been completed at this time, you must go through the developer's negotiation and consent to change your name, and at the same time cancel the existing purchase contract and re-sign.
What are the risks?
1. The name change of the purchase contract needs to be re-filed and will be re-examined, and if it is found by the competent department that the real purpose is to complete the transaction, it will be rejected;
2. If the name change and filing are completed, the applicant may also face the possibility of being taxed in the process of applying for the property right certificate, and the risk is mainly on the seller;
3. If either party reneges, the contract may be deemed invalid as tax evasion.
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Legal analysis: It is possible to check out after signing online for the purchase of a house, but this behavior has constituted a breach of contract and liquidated damages need to be paid. As for the check-out process, the transaction is a new house, and the buyer and the developer need to negotiate and agree together with the ID card, the online signing contract, and the developer's certificate to the housing management department to apply for cancellation of the online signature, and then check out; The transaction is a second-hand house, and the buyer and the seller need to negotiate and agree together with their respective ID cards, online signing contracts and other materials to the housing management department to apply for cancellation of the online signature, and then check out.
Legal basis: Article 585 of the Civil Code of the People's Republic of China: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.
If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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You can check out after signing online for the purchase of the house, but this behavior has constituted a breach of contract and you need to pay liquidated damages. As for the process of returning Huaixian and taking the house, the transaction is a new house, and the buyer and the developer need to negotiate and agree together with the ID card, the online signing contract, and the developer's certificate to the housing management department to apply for cancellation of the online signature, and then check out; The transaction is a second-hand house, and the buyer and the seller need to negotiate and agree together with their respective ID cards, online signing contracts and other materials to the housing management department to apply for cancellation of the online signature, and then check out. Article 585 of the Civil Code provides that the parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach.
If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.
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