Check-out conditions
1. Delayed delivery reached the delivery date agreed by the developer and the purchaser in the contract, but the developer's occupancy notice was delayed. According to the provisions of the current judicial interpretation, if the developer fails to perform within a reasonable period of three months after being urged by the purchaser, the purchaser has the right to ask the developer to return the house and demand a refund of the deposit or interest on the house payment.
2. The developer's incomplete development procedures lead to the invalidity of the contract.
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 developer should return the house payment paid by the purchaser.
3. The developer changes the design without the consent of the buyer.
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. The housing area error exceeds 3%
If the absolute error ratio between the measured area at the time of delivery and the temporarily measured area at the time of signing exceeds 3%, the purchaser may request to return the house and return the interest.
5. The unqualified house quality has seriously affected the use.
According to the latest judicial interpretation, due to the serious impact of housing quality problems on normal living and use, buyers can request to return a house and ask developers to compensate for losses. If it is considered that the quality of the main structure is unqualified, it may entrust an engineering quality inspection agency to re-verify it in accordance with relevant regulations.
6. Unclear property rights, such as mortgage, joint construction or other economic disputes.
The developer mortgages the house for sale before the sale, or mortgages the house to others after it is sold to the purchaser. After the buyer finds out, he can think that the purchase contract is invalid and ask to return a house. In addition, the common situation that leads to the invalidation of the purchase contract is that the developer has not obtained the pre-sale permit; Without the written consent of other * * owners, the house is owned by * * *; The ownership of the house is disputed, and the judicial organ or administrative organ decides to seal up or restrict the right of the house in other forms according to law.
7. Delaying the registration of house ownership.
According to the agreement in the sales contract or legal provisions, the registration of house ownership should be handled more than one year after the expiration, and it is impossible to handle the registration of house ownership due to the developer's reasons.
8. Unable to process the mortgage contract.
Failing to sign a mortgage contract and apply for a mortgage loan due to reasons not attributable to both parties.
9. Transfer of Construction in Progress When the developer transfers the construction in progress, it shall notify the buyer in writing, and the buyer has the right to request to return the house within 30 days from the date of receiving the notice.
Checkout procedure
1. Consult the developer first. If negotiation fails, no lawsuit will be filed.
Experts suggest that if the check-out conditions agreed in the contract are met, the owner should negotiate with the developer first to save litigation costs. If the compensation offered by the developer can satisfy the owner, the owner can withdraw the check-out request according to his own situation, or go through the check-out formalities with the assistance of the developer. If the coordination fails, then choose litigation or arbitration.
The owner did not stipulate the check-out clause in the contract, but the court will also support the owner's check-out request if it meets the legal check-out conditions. For the check-out requirements that are not stipulated in the contract and are not within the scope of the law, it is recommended that the owner first find the developer to coordinate. Usually, it takes a long time to file a lawsuit in this case.
2. Ask for liquidated damages and related taxes and fees.
If the developer's breach of contract leads to return a house, and both parties have agreed on liquidated damages in the contract, then the developer must make compensation according to the agreement. In addition to the total house price and corresponding interest, the compensation also includes some expenses paid by the owner in the early stage, such as stamp duty, house purchase deed tax, transaction fee, surveying and mapping fee, registration fee, interest loss, house purchase agency fee, lawyer's fee, etc. , included in the actual loss of consumers, compensation by the developer.
3. Both down payment and monthly interest can be compensated.
Return a house, the one-time payment of property buyers can directly ask the developer to refund the house payment and the corresponding interest. However, the situation of buying a house through mortgage loans and provident fund loans is relatively complicated. In practice, it is the developer who divides the refundable purchase money into two parts. The part that belongs to the buyer's down payment is directly returned to the buyer, and the part that belongs to the buyer's loan from the bank is directly returned to the bank, and the buyer is deemed to have repaid to the bank in advance. The bank receives the repayment and terminates the loan contract with the purchaser.
The developer pays the down payment interest to the purchaser, that is, the down payment interest income from the delivery date of the down payment to the return date of the developer. If the mortgage loan of the purchaser has entered the stage of monthly payment, the developer should also return the monthly payment and interest expenses of the purchaser.
If the buyer has lived for a period of time when he requests to return a house, the depreciation expenses incurred during this period should be compensated by the owner. If the responsible party is the developer during the house return, the buyer may not compensate for the building depreciation; If it is the responsibility of the buyer, the developer may not compensate the owner for the decoration fee.