The buyer can cancel the purchase contract. In response to Mr. Jin's query, the lawyer believes that from a legal point of view, the buyer, as a party to the house purchase contract, can actually exercise the right to terminate the contract. There is a relationship between buyers and loan banks, and there is a relationship between buyers and developers. Although they are related, they are completely independent legal relations, and there is no obstacle to the buyer's right to terminate the contract. Then, who will pay back the mortgage when you check out? Lawyers believe that, first of all, due to the termination of the purchase contract, all the purchase money obtained by the developer from the buyers should be returned to the buyers. The bank mortgage loan applied by the buyer is also part of the purchase price and should be returned to the buyer together. Then, buyers should be based on the fifth paragraph of Article 32 of the General Principles of Loans, "The borrower should negotiate with the bank and return the remaining loan principal and interest to the bank in advance." Property buyers should go through the formalities of cancellation of mortgage registration. Lawyers believe that this repayment method is actually a theoretical practice, which is difficult to achieve in practice, because the house purchased by the property buyers has been mortgaged to the bank. If the buyer does not return the money to the bank, the bank can only exercise the mortgage right, auction or sell the house that the buyer has mortgaged. But at this time, the house is no longer owned by the buyers, and the disposal of the house will harm the interests of the developers, who will never suffer this loss. Therefore, the developer can only divide the refundable purchase money into two parts, of which the part that belongs to the down payment of the buyer is directly returned to the buyer, and the part that belongs to the loan from the bank is directly returned to the bank, which is regarded as the buyer has repaid the money to the bank in advance. According to Article 30 of the Measures for the Administration of Individual Housing Loans of the People's Bank of China, the bank said: "After the mortgagor or pledger pays off all the loans as agreed in this contract, the mortgage or pledge is returned to the mortgagor or investor, and the loan contract is terminated." So as to obtain repayment and terminate the loan contract. Article 52 of China's "Guarantee Law" stipulates: "The mortgage and its secured creditor's rights coexist, and if the creditor's rights disappear, the mortgage will also disappear." After the termination of the loan contract, the mortgage right will disappear, and the parties concerned shall go through the relevant procedures for canceling the mortgage registration. Lawyers who need to apply for surrender and refund believe that when buying a house with a mortgage loan, buyers are generally required to apply for insurance for the purchased house, and the insurance beneficiary is the loan bank. The termination of the contract for selling houses will inevitably involve insurance issues. Because the legal relationship of insurance is another independent legal relationship besides the relationship between house purchase and sale and the relationship between loan and loan, the insurance problem has its own characteristics. Article 14 of the Insurance Law of People's Republic of China (PRC) stipulates: "Unless otherwise stipulated in this Law or in the insurance contract, the applicant may terminate the insurance contract after the insurance contract is established." In other words, if the insurance contract signed by the buyer does not have the words "no surrender", the buyer can cancel the insurance contract at the same time as canceling the purchase contract. Article 38 of the Insurance Law of People's Republic of China (PRC) stipulates: "Before the insurance liability begins, if the applicant requests to terminate the contract, he shall pay the handling fee to the insurer, and the insurer shall refund the insurance premium. After the commencement of insurance liability, if the applicant requests to terminate the contract, the insurer may collect the insurance premium from the commencement date of insurance liability to the termination date of the contract, and return the rest to the applicant. " Lawyers believe that property buyers can go through the formalities of surrender and refund according to the above provisions. Before the formalities are completed, the mortgage will still be paid back. The lawyer reminded the owner that if he wants to return a house for some reason, he can't "excuse" to stop repaying the loan. At present, some property buyers have misunderstanding or vague understanding of the relationship between banks and developers. Some people think that they applied for a mortgage loan because they bought a house. Now that they don't buy a house, they don't have to pay it back. Or thinking about checking out, I simply don't return the house every month. In fact, the loan relationship between the buyer and the bank is independent of the house sale relationship, so the cancellation of the house purchase contract does not mean the cancellation of the loan contract.