I have signed a house sales contract with the developer, and the bank mortgage loan has also been approved. I even paid a loan for a while, but I took a fancy to another apartment of the project. This situation can also require developers to change rooms? How to deal with this situation? To solve this problem, we must first understand the basic contractual relationship among property buyers, developers and banks. Property buyers sign commercial housing sales contracts with developers, while property buyers sign loan contracts with banks. At present, people's housing loans generally take the form of mortgage and installment guarantee, that is to say, this loan contract is a loan contract with the purchased house as collateral, and the developer will guarantee the contract by installment before handling the property right certificate. This means that the housing sales contract and the loan contract are closely linked. According to China's "Guarantee Law", during the mortgage period, if the mortgagor transfers the registered collateral, it shall notify the mortgagee. If the mortgagor fails to notify the mortgagee, the transfer is invalid. Moreover, it is generally stipulated in the loan contract signed between the buyer (i.e. the mortgagor) and the bank (i.e. the mortgagee) that if the buyer dismantles, transfers, leases, re-mortgages or otherwise disposes of the mortgaged property without the written consent of the bank, the bank has the right to terminate the contract, recover the loan principal and interest paid in advance, and dispose of the mortgaged property according to law or require the guarantor to perform the guarantee responsibility. This means that in order to terminate the house sales contract, you must first inform the bank and get the written permission from the bank. However, in practice, in order to ensure the realization of their mortgage to the greatest extent, banks generally do not agree to the cancellation of the original housing sales contract between buyers and developers. Only the developer as the guarantor repays the loan to the bank in advance, terminates the loan contract between the buyer and the bank, eliminates the mortgage of the bank on the house, and then terminates the original house sales contract with the customer. The process of changing houses is exactly the process in which developers and property buyers terminate the original purchase contract and sign a new one. Can I change rooms and get points? If the developer has completed the property certificate of the house, and the property right and mortgage right have been registered for the record, then what should be done is done, and it is impossible for the buyer to change the house. If the property right certificate of the house has not been processed, the buyer wants to change the house and negotiate with the developer, which is highly operable. Specifically, the developer and the buyer first cancel the original house sales contract, the developer pays off the bank loan in one lump sum, ends the loan contract between the buyer and the bank, and then signs a new house sales contract with the original buyer. If the new house still needs a loan, it needs to re-apply for a bank loan. The key to this operation is whether the buyers can reach an agreement with the developers. If the developer does not agree to terminate the original contract, then the buyers can only look at the house and sigh; Even if an agreement is reached with the developer, the buyers will have some losses, including stamp duty, deed tax, some insurance fees, loan lawyer fees and so on. Therefore, property buyers should be cautious before buying a house, be clear about their own needs, choose a satisfactory house, sign a house sale contract, apply for a loan, and avoid many unnecessary troubles and losses. Related reading: What are the requirements for personal mortgage loan in Shenyang? What are the inquiry methods of Tianjin mortgage loan? How to understand the mortgage situation? How to buy and sell mortgage houses in Suzhou? An experienced person teaches you how to protect yourself with housing. Second-hand mortgage loans in some banks in Chengdu have slowed down. Is it cost-effective to buy a house mortgage? Look at the mortgage procedures for buying a house.