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Can I refund the mortgage when it comes down?
the mortgage can be refunded after it is settled, but it needs the consensus of the buyer and the seller. However, the loan relationship between the buyer and the bank is independent of the house sales relationship, so the cancellation of the house purchase contract does not mean the cancellation of the loan contract. In other words, although the buyer does not buy a house, the creditor-debtor relationship with the bank still exists, and this loan must be repaid.

how can I apply for checking out?

1. The developer delayed the delivery of the house

When we bought the house, the specific delivery time was stipulated in the house purchase contract. If the developer fails to deliver the house within the time limit agreed in the contract, it should be handled according to the contract. If it is not agreed, the buyer has the right to ask the developer to return the house and pay the liquidated damages for delay according to the amount agreed in the contract.

2. There are major quality problems in the house.

Before the house is delivered to the buyer, it needs to be checked and accepted by the relevant departments. If the house cannot be delivered for use because the quality of the main structure is unqualified, or after the house is delivered for use, the buyer has the right to demand to terminate the contract and compensate for the losses. It should be noted here that the so-called unqualified main structure of the house needs to be verified by the project quality supervision unit, and it cannot be judged only by the subjective judgment of the buyers.

3. The developer changes the planning and design without authorization

When the developer sells the house, there may be some false elements. However, after the pre-sale of the commercial house, if the developer changes the planning and design without the approval of the planning department and affects the structure of the house, the buyer has the right to return the house and the developer shall bear the responsibility for breach of contract. If the developer needs to notify the buyers in writing after the approval of the planning department, if there is no notice, the buyers can also return a house and ask the developer to compensate for the losses.

main process of check-out

1. The buyer sends a check-out notice to the developer

If the buyer intends to check out, he needs to inform the developer first, which can be notified by mail, fax or telephone. If the responsibility for return a house lies with the developer, then the economic loss of return a house shall be borne by the developer, such as loan interest, down payment deposit interest, house purchase tax and so on; However, if the responsibility for returning a house lies with the buyer, such as the loan has not been audited and there is no successful loan, then there is no need for the developer to bear the responsibility.

Check-out formalities should be completed within 2 or 15 days

Within 15 days after the buyer sends the notice of checking-out to the developer, the latter must return all the money to the buyer, and complete the relevant formalities within 15 days, such as canceling the contract and canceling the bank loan. If the formalities are not completed for more than 15 days, the developer should pay .1% of the total house price to the property buyers for each day exceeding.

3. Refund by the developer

The developer will return all the interest generated by the loan from the time of purchase to the time of check-out.