Can I check out the off plan property I bought, and can I check out the off plan property after I bo

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

1. Those who purchase off-plan houses can request to check out. One party may terminate the off-plan property by mutual agreement with the other party, or serve a notice of departure on the other party after the termination conditions agreed in the contract or statutory have occurred, and terminate the off-plan sale and purchase contract upon the arrival of the other party.

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

Article 562.

The parties may terminate the contract by consensus.

The parties may agree on the grounds for one party to terminate the contract. The person who has the right to terminate the contract may terminate the contract if the cause of termination occurs.

Article 563.

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 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 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.

2. How to check out the purchased off-plan property.

The check-out method for the purchased off-plan property is as follows:

1. The reason should be explained after consultation with the developer, and the parties can go through the check-out procedures only after seeking their consent;

2. Submit the check-out application materials, such as my ID card and household registration book, and bring the relevant contract, and ask the housing authority to cancel the purchase information, so as to achieve the purpose of check-out;

3. The Housing Authority will publicize it online, cancel the pre-purchase registration, and complete the check-out procedures.

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: You can request to check out in the following cases:

1. The absolute value of the error between the measured area and the area agreed in the contract exceeds 3%;

2. The developer's late delivery constitutes a fundamental breach of contract, that is, the overdue delivery reaches the check-out date agreed in the contract;

3. The developer changes the planning and design and affects the structural type, house type, space size and orientation of the house;

4. The developer pre-sells the house without obtaining the pre-sale license of the commercial housing;

5. 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;

6. Unable or unable to handle the transfer of property rights on time;

7. The buyer's loan application is not approved, and the two parties to the contract cannot agree on the payment method.

Legal basis: "Regulations on the Administration of Urban Real Estate Development and Operation" Article 31 After the delivery of commercial housing, the purchaser believes that the quality of the main structure is unqualified, it can apply to the project quality supervision unit for re-verification.

Those who buy off-plan housing can ask to check out, reach an agreement with the developer or bear the liability for breach of contract, and then terminate the contract. An off-plan property is a home that cannot be delivered immediately. 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 hail and ask to move out.

According to the law, the contract for the sale and purchase of a house is established and effective once it is signed, and the contract established in accordance with the law is protected by law and is legally binding on the parties.

According to Article 5 of the Administrative Measures for the Sales of Commodity Housing, the construction administrative department is responsible for the sales management of commercial housing nationwide. The provincial and autonomous region people's construction administrative departments are responsible for the sales and management of commercial housing within their respective administrative areas.

[Legal basis].Article 49 of the Civil Procedure Law.

Depending on where you go, if you just pay the deposit, you will lose the deposit, and if you have already applied for a loan, there is no way.

Can I get a refund of the off-plan property I bought? Can I get a refund of the off-plan property I bought? The off-plan property bought can be refunded.

It is customary to refer to houses that are under construction, have not yet been completed, and cannot be delivered for use as off-plan housing. That is, the developer from the beginning of obtaining the commercial housing pre-sale license to the acquisition of the real estate certificate (large property certificate), during this period of commercial housing is called off-plan housing, consumers should sign a pre-sale contract when purchasing commercial housing at this stage. Under normal circumstances, the first of the off-plan housing is lower, and the room for selection is larger, but because it is paid first and then delivered, the process and result of buying a house depends on the performance of the rights and obligations agreed in the purchase contract, and the performance of the purchase contract is not only affected by the developer's own operation, but also restricted by many objective factors.

Due to the various pros and cons of the off-plan housing system, there is currently a trend of abolition in China. 1. The delay in the delivery of the house is the most likely situation for buyers at present. 2. The developer lacks a license to open the shed.

3. The developer changes the design without the consent of the buyerIn the contract signed between the buyer and the developer, it is generally stipulated that the developer must obtain the consent of the buyer before changing the design. 4. Unable to obtain a loanWhen signing a contract, in addition to a one-time payment or installment payment, there is an agreement on a commercial loan or provident fund loan. 5. If you can't get the property right certificate, due to the developer's reasons, the buyer can not get the property right certificate within the time limit agreed in the contract.

6. The error of the house area is more than 3%. 7. The quality of the house is unqualified. 8. The quality of the house seriously affects the use.

9. If the developer mortgages or sells the house to the buyer before the house, and then mortgages the house to others, the buyer can ask to move out after finding out. Do you understand this explanation?