Signed a contract and want to check out? Can I check out after signing the contract?

According to the contract, if the developer fails to deliver the house on time, he can apply for breach of contract, and the deposit can be refunded twice.

According to the regulations, after signing the contract, you can check out in the following situations:

1. The developer fails to perform within a reasonable period of three months after being urged by the buyer;

2. The developer mortgages the house to others after selling the house to the buyer;

3. The developer has not obtained the pre-sale permit or the house is a common property without the written consent of other co-owners; Wait a minute.

Article 35 of the Administrative Measures for the Sales of Commodity Housing stipulates that after the delivery of the commercial housing, if the buyer believes that the quality of the main structure is unqualified, it may entrust the engineering quality inspection agency to re-verify it in accordance with the relevant regulations. If the quality of the main structure is found to be unsatisfactory after verification, the buyer has the right to move out; If losses are caused to the buyer, the real estate development enterprise shall be liable for compensation in accordance with law.

It is best to find a lawyer to read the contract and tell the truth to see if the breach of contract can get some compensation from suing the developer, if not, you can only pay liquidated damages.

Signed a contract and want to check out? If your mortgage is not processed because of the developer, from what you said, the developer's housing pre-sale license is about to expire, and the developer is obliged to cooperate with you in the loan. If you can't get a loan and want to check out, you can negotiate, but if the negotiation doesn't lead to a lawsuit, however, the chances of winning are not great.

Legal analysis: If you sign a purchase contract, you can check out, but if the other party is not at fault, you must bear the liability for breach of contract. After the contract is terminated, the relevant laws stipulate that if the performance has not been performed, the performance shall be terminated; If it has already been performed, the parties may request restitution or other remedial measures, and have the right to claim liability for compensation, depending on the circumstances of the performance and the nature of the contract.

Legal basis: Civil Code of the People's Republic of China

Article 566:After the contract is terminated, if it has not been performed, the performance shall be terminated; If it has been performed, according to the performance and the nature of the contract, the party may request restoration of the original state or take other remedial measures, and has the right to claim compensation for losses. If the contract is terminated due to breach of contract, the person with the right to terminate may request the breaching party to bear the liability for breach of contract, unless otherwise agreed by the parties. After the termination of the main contract, the guarantor shall still bear the guarantee liability for the civil liability to the debtor, unless otherwise agreed in the guarantee contract.

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

If the house has signed a contract, it can be checked out under the following circumstances, that is, it cannot be delivered due to the unqualified quality of the main structure of the house; or after the house is delivered, the quality of the main structure is verified to be unqualified; or the seller delays the delivery of the house and fails to deliver the house within a reasonable period of three months after being reminded.

[Legal basis].

Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing.

If the main structure of the house cannot be delivered for use because the quality of the main structure of the house is unqualified, or the quality of the main structure of the house is found to be unqualified after the inspection after the house is delivered for use, the buyer's request to terminate the contract and compensate for losses shall be supported.

Article 10. If the buyer requests to terminate the contract and compensate for losses due to the quality of the missing limbs in the house, it shall be supported.

Article 11. According to Article 563 of the Civil Code, if the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

We all know that under normal circumstances, signing a purchase contract and paying a down payment means that the transaction has been reached, and moving out at this time is not allowed, or it is very costly. For these reasons, checking out is a very deliberate thing. However, in some special circumstances, buyers can also ask to move out, and they can ask the developer to compensate.

For example, in the following cases, God is arguing.

1. The developer postpones the delivery of the house.

It must be emphasized that the delay in delivery is generally a breach of contract, unless it is really some kind of force majeure, such as the epidemic and other public safety and health emergencies that lead to excessive travel shortages during the shutdown period. Under normal construction conditions, if the developer delays the delivery of the house, it is a breach of contract, and even if the purchase contract is signed, as a buyer, he can also ask to move out. Therefore, when you sign the purchase contract, you must pay attention to the agreed delivery time.

2. Changing the plan without authorization.

Presented to buyers at the point of sale. If the construction has started and the developer changes the plan without authorization, then it is an act without the permission of the buyer, which is a breach of contract, and if the buyer finds it when he receives the house, he can ask the developer to move out and claim compensation.

3. Unable to apply for loans.

It should be made clear here that there are many reasons for not being able to apply for a loan, if it is because of the developer's reasons and the loan cannot be successfully processed, and the bank does not approve the loan to the buyer, then the resulting contract cannot be performed normally, and the liability for breach of contract shall be borne by the developer, and the buyer should be able to request to move out and require the developer to bear the corresponding liability for compensation according to the contract.

Fourth, the real estate certificate cannot be issued.

Obtaining a title deed is an important step for buyers to finalize the ownership of their home. Generally speaking, from the beginning of the house, you should be able to get the real estate certificate within 1 year. If you can't get the real estate certificate, most likely because there are flaws in the developer's qualifications, capital planning, etc., it will be very difficult to apply for the real estate certificate.

Fifth, the area error is too large.

According to the law, once the error of the house area exceeds 3%, the buyer can ask the developer to move out and pay liquidated damages. However, this situation is rare, once it appears, in fact, the impact on the buyer is relatively large, a suite of 100 square meters 3% is 3 square meters, which is a very large error, but also very affect the living experience.

In short, checking out is a very prudent matter, and it is very important for buyers to carefully read the terms and conditions of the purchase contract if they want to protect their rights and interests.

After the contract is signed, the buyer may request to move out of the house if the buyer signs a house pre-sale contract, and the real estate developer does not obtain the house pre-sale permit certificate at the time of pre-sale; If there is a quality problem in the quality of the house, you can ask to check out.

[Legal basis].

Article 2 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing.

If the seller has not obtained the certificate of pre-sale of commercial housing, the contract for the pre-sale of commercial housing concluded with the buyer shall be found to be invalid, but if the certificate of pre-sale license for commercial housing is obtained before initiating a lawsuit, it may be found to be valid.

Article 12. If the buyer requests to terminate the contract and compensate for losses if the quality of the main structure of the house is unsatisfactory, or if the quality of the hidden structure of the main body of the house is found to be unqualified after the house is delivered for use, it shall be supported.

After signing the contract and checking out, the agreed conditions or statutory conditions for terminating the contract must be met. If the conditions are met, Sun Qing's contract can be terminated by issuing a notice of termination or filing a lawsuit in the people's court. If both parties agree to terminate the contract through negotiation, they can check out by signing a cancellation agreement.

According to the first paragraph of Article 565 of the Civil Code, which came into effect in 2021, if one of the parties claims to terminate the contract in accordance with the 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.

Legal basis: Article 565, Paragraph 1 of the Civil Code.

If 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.