2. Reasons for the buyer: If the information provided by the buyer is untrue or the buyer's credit record is bad, the bank will not approve the loan, and the buyer will be liable for breach of contract. In this case, the house cannot be returned.
3. Non-buyer's reasons: if the bank mortgage loan is postponed, the loan amount is reduced or cannot be processed, both parties will generally have a supplementary contract or agreement, stipulating that the buyer will choose, or the buyer will pay the purchase price within a certain period of time, or the buyer has the right to terminate the contract; If the house payment is not paid within the time limit, the developer has the right to terminate the contract.
What is the check-out process for faster delivery?
The loan has been repaid for one year, so the real estate license has been obtained, and the buyer and the seller have breached the contract. After checking out and paying compensation, both parties should go to the real estate issuing authority to handle the transfer or cancellation procedures of the house ownership certificate.
First of all, property buyers can ask the developer by registered mail, fax or telephone. If the return of the house is caused by the developer's responsibility, the developer shall bear the losses caused by the return of the house, including the loan interest, the deposit interest of the down payment, the purchase tax, etc.
If the house purchase contract stipulates the compensation standard for house return, it shall be handled in accordance with the contract. If the compensation standard stipulated in the contract is not enough to make up for the loss, you can claim compensation separately. If the buyer's loan application is not approved, the two parties to the contract cannot reach an agreement on the payment method, and the developer will not be liable for compensation.
Secondly, within/0/5 days after the buyer requests to return the house, the developer shall return all the house payment paid by the buyer, and be responsible for handling all the procedures for the cancellation or termination of the contract between the buyer and the loan bank.
After that, the developer should return all the purchase money to the buyer after the buyer sends a return notice, and complete the repayment procedures of the provident fund management institution or the loan bank. If the above contents cannot be completed, the developer shall pay the corresponding liquidated damages to the buyer every day.
What are the precautions for checking out a new house?
1, don't forget the insurance surrender procedures.
When property buyers apply for mortgage loans, banks generally ask property buyers to buy home insurance for them. According to the relevant provisions of the Insurance Law, if the applicant requests to terminate the contract, the insurer may collect the insurance premium from the date when the insurance liability starts to the date when the contract is terminated, and return the rest to the applicant.
2. The liquidated damages will be high or low.
According to the relevant provisions of the Contract Law, if the liquidated damages are not enough to cover all the actual losses, the developer will continue to compensate the difference. If the penalty is higher than the actual loss, the developer will compensate directly according to the penalty.
The deposit will be refunded in double.
According to Article 1 16 of the Contract Law, if the parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses, but not both. If the house is returned due to the buyer's reasons, the developer has the right not to refund the deposit; But if it is the responsibility of developers, property buyers can get double indemnity.
4. It is more convenient to check out before the real estate license is completed.
Property buyers should go through the check-out procedures before the property ownership certificate is issued. If there is a problem in the decoration of the house after obtaining the real estate license or under other circumstances, it usually takes a long appraisal process. After obtaining the award certificate, you can take the road of litigation and go through the check-out procedures. This process is very complicated.