1. process: in the process of buying and selling, due to different defaulting parties and different stages, the procedures for checking out are also different. (a) deposit (deposit or subscription) stage. In the case that the buyer has paid the deposit (deposit or subscription money) but has not signed a formal pre-sale contract for commercial housing: If the buyer has paid the deposit (deposit or subscription money) to the seller, but there is no explanation or agreement on the nature of the paid money, in this case, the buyer can directly ask the seller or his agent for the paid money. If the item sold by the seller has a pre-sale permit or property right certificate, the buyer and the seller agree to pay as a deposit. If the buyer and the seller fail to reach an agreement on the commercial housing sales contract and sign a contract, the payment will be confiscated and the deposit will not be refunded. Lawyers Jiang Tao and Liu Guilin believe that this agreement violates the principles of fairness and justice and should be a forced transaction. In this case, if the seller refuses to return the deposit, the buyer can directly bring a lawsuit to the court, but Article 22 of the Measures for the Administration of Commercial Housing Sales seems to agree with this agreement. (2) The pre-sale registration stage has been completed. The buyer and the seller have gone to the real estate management bureau for pre-sale registration, but the house has not yet been delivered for use. At this stage, if one party wants to check out, it must first negotiate with the other party to see if an agreement can be reached. If both parties reach an agreement, it shall be expressed in writing and a formal check-out agreement shall be signed. The contents of the agreement should mainly include the agreement of both parties to terminate the original house sales contract, who will bear the responsibility for breach of contract, how to refund and how to perform it. If one of the buyers and sellers breaches the contract and cannot reach an agreement, then the party who advocates the termination of the contract shall notify the other party. When the notice reaches the other party, the contract is terminated. If the other party disagrees, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract. If the two parties fail to reach a house return agreement through negotiation, they may directly file a lawsuit or apply for arbitration with the court or arbitration institution. In addition, both parties should also go to the real estate registration authority to cancel the pre-sale registration. (3) check-in stage. After the completion of the house, the buyers went through the check-in formalities, paid the taxes and fees due from the government departments, but returned the house before the real estate license was processed. At this stage, buyers are generally required to return a house, and most of the defaults are sellers. In addition to the requirements of the second stage mentioned above, this stage also involves issues such as property, decoration losses, taxes and fees, and moving out time. If the seller breaches the contract, the decoration loss shall be assessed and determined by the real estate appraisal agency. Property buyers should also sign a contract with the property management company to terminate the property management, and the taxes and fees collected by the seller should also be refunded. If no agreement can be reached, the buyer may bring a lawsuit to the court or arbitration institution or apply for arbitration. (four) the completion stage of the real estate license. After the real estate license is done, the rights of the house have been transferred. Unless there is an agreement in the contract, the buyer can't return the house in general. If the seller has completed the real estate license for the buyer, but the seller has paid in advance, and the buyer refuses to perform the payment obligation as agreed in the contract, the seller may propose to terminate the contract and ask the buyer to return the house and bear the corresponding losses. In this case, both parties need to go to the real estate license issuing authority to handle the transfer or cancellation procedures of the real estate license. Second, unconditional check-out: 1, delayed delivery. This phenomenon is more serious. Delayed delivery refers to the failure to get the developer's occupancy notice in time after the delivery date agreed in the contract between the developer and the buyer. Generally agreed overdue delivery period is 30 days to 90 days. If the developer can't deliver the house beyond this time limit, the purchaser can ask the developer to return the house, and ask for double refund of the deposit or payment of interest on the house payment. 2. The developer lacks valid certificates and approvals, which leads to the invalidity of the contract. According to the regulations, developers must have complete documents to sell houses in Gai Lou. If the developer's documents are incomplete, it is illegal to operate, and the contract signed with the buyer is invalid. Because it is an invalid contract, the purchaser should vacate the house and the developer should return the house payment paid by the purchaser. The developer changed the design without the buyer's consent. In the contract signed between the purchaser and the developer, it is generally agreed that the developer must obtain the consent of the purchaser before changing the design. Otherwise, the developer constitutes a breach of contract and the purchaser has the right to return a house. If the developer changes the type, orientation and area of the house without the consent of the buyer, the buyer may require the developer to return the house according to the contract. 4. Can't get the title certificate. Because of the developer, the buyer can't get the property right certificate within the time limit agreed in the contract. If this condition is agreed, the buyer can request to return the house. In addition, due to the irregular operation of some properties in previous years, some developers have defaulted on the government land transfer fees and other issues, resulting in buyers who have purchased these properties being unable to get the property ownership certificate after staying for many years, and buyers can also request to return a house. 5. Unable to get a loan. When signing a contract, there is an agreement on commercial loan or provident fund loan except one-time payment or installment payment. If it is a provident fund loan, the developer needs to issue relevant information and submit it to the provident fund collection department for review. If the information provided by the developer shows that it does not meet the conditions of provident fund loans, the purchaser can not obtain provident fund loans, and the purchaser can request to return the house. Similarly, if the purchaser cannot apply for a commercial mortgage loan due to the developer's reasons, he can also return a house according to the contract. 6. The error between the measured housing area and the temporary measured area exceeds 3%. According to the new contract, when the absolute error ratio of interior construction area exceeds 3%, the buyer has the right to return the house. 7. The house quality is unqualified. Unqualified housing quality is the "hard injury" of housing, which is rare in Beijing real estate market at present. In this case, first of all, it is difficult for developers to get the "Completion Record Form" and cannot hand over the house. Or after the house is delivered for use, it is verified that the quality of the main structure of the house is indeed unqualified. 8. If the quality of the foundation and main structure of the commercial house is unqualified after testing, the buyer has the right to return the house. The new version of the contract stipulates that if the buyer cancels the house purchase, the seller shall refund all the house payment and pay interest, and if losses are caused to the buyer, the seller shall be liable for compensation. The test expenses arising therefrom shall be borne by the seller. 9. The quality of the house has seriously affected the use. Because the quality of the house seriously affects the normal living use, the court will also support the buyer's request to return a house and ask the developer to compensate for the losses. It is generally believed that the housing quality problem seriously affects the normal living use, mainly because the poor indoor air quality affects the health of indoor residents, and the indoor noise affects the living after the house is moved in. 10, the developer mortgaged the house. If the developer mortgages the house before selling it, or mortgages the house to others after selling it to the purchaser, according to the relevant laws and regulations, if the developer sells the house without telling the purchaser that the house has been mortgaged, the contract is invalid and the purchaser can request to return the house.

Legal basis:

People's Republic of China (PRC) Civil Code

Article 147 The actor has the right to request a people's court or an arbitration institution to cancel a civil juristic act committed due to a major misunderstanding.

Article 148 If a party causes the other party to commit a civil juristic act against its true meaning by fraudulent means, the aggrieved party has the right to request the people's court or an arbitration institution to cancel it.

Article 149 If a third party commits a civil juristic act against its true meaning due to fraud, and the other party knows or should know about the fraud, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.

Article 157 After a civil juristic act is invalid, revoked or deemed invalid, the property acquired by the actor as a result of the act shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses thus suffered; If all parties are at fault, they shall bear their respective responsibilities. Where there are other provisions in the law, those provisions shall prevail.