1. You can return it. First, you should pay off the provident fund loan. If the house purchase contract has agreed to return a house, it can be handled according to the agreement; You can also apply for check-out according to the relevant provisions of the contract law.

2. The loan contract is based on the existence of the buying and selling relationship. The responsibility for returning a house lies in the developer's overdue delivery and breach of contract. In this case, the developer should bear all the expenses arising therefrom and all the losses caused by the return of the house. Since the loan has been paid to the developer's account in one lump sum, the developer often pays the loan amount and interest to the lender, and the lender cancels the loan contract with him.

3. According to the current law, check-out conditions mainly include agreed conditions and legal conditions. Agreed conditions refer to the conditions that buyers and developers can return a house as agreed in the purchase contract. The developer delays the delivery of the house for more than a certain period of time, and the residential planning or supporting facilities do not conform to the contents expressed in the sales advertisement or sales book, and the property right certificate cannot be obtained within a certain period of time.

According to the contract law, since both parties have agreed on the specific conditions for returning the house, and the buyer has evidence to prove that the conditions are established, then the buyer can notify the developer to terminate the contract. In this case, once the owner, even if the developer shirks, will be supported.

5. Liquidated damages for house check-out: Amount of liquidated damages for house check-out: The liability for breach of contract shall be in accordance with the contract and laws, and the agreement shall prevail. Therefore, if the contract stipulates the liability for breach of contract and the specific amount of liquidated damages, the agreement shall prevail; If there is no agreement, it shall be handled according to law. For example, if the party paying the deposit defaults, the deposit will not be refunded; If the party who collects the deposit defaults, the deposit will be returned twice. If both parties are at fault, they shall share it according to their respective degrees of fault. If the liquidated damages are insufficient to make up for the losses, the breaching party may be required to make compensation according to the losses suffered by the other party; If the liquidated damages are too high, you can also request to reduce the amount of compensation.

2. Can the housing loan deposit be refunded? What are the requirements?

3. Can I return the house I don't want in the loan?

1. Can I return the house bought by mortgage?

In life, many property buyers sometimes have such confusion after purchasing commercial housing through mortgage: can they return a house with mortgage loan? Bian Xiao's answer is: Actually, it is possible and there is also a legal basis.

According to the provisions of the Contract Law, the parties may terminate the contract under any of the following circumstances:

The purpose of the contract cannot be achieved due to force majeure; Before the expiration of the performance period, one party clearly indicated or indicated by his own behavior that he would not perform the main debt; One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged; ) the contract cannot be realized due to the delay in performance of debts or other breach of contract by the parties; Other circumstances stipulated by law.

As can be seen from the above, as long as the developer has the above situation, such as serious delivery or poor quality, which meets the conditions for dissolution stipulated by law or the house purchase contract, the buyer can dissolve the house purchase contract according to law.

Second, the termination of the purchase contract does not mean the termination of the loan contract.

That is to say, although property buyers don't buy a house, because they have already borrowed money from the bank to buy a house, the creditor-debtor relationship with the bank still exists, and this loan must be repaid. Because the real estate sales contract and the mortgage loan contract are two related and independent contracts.

There is a relationship between buyers and developers, and there is a relationship between buyers and banks. Although related, it is a completely independent legal relationship. Therefore, as long as the termination conditions agreed in the contract appear, the buyer can terminate the real estate sales contract, and the exercise of the buyer's right to terminate the contract is not affected by obtaining the mortgage loan.

So how do you return it? First of all, due to the cancellation of the purchase contract, all the purchase money obtained by the developer from the buyers should be returned to the buyers. Then, the buyer should do the same, that is, the borrower negotiates with the lender to return the remaining loan principal and interest (which has been returned monthly before) to the bank in advance.

3. What are the check-out procedures?

If the property buyers are sure to meet the check-out conditions, they can consult the developer for a refund.

If the negotiation is successful, the buyer will send a rejection notice to the developer, and the developer will be responsible for handling all the procedures for the cancellation or termination of the contract between the buyer and the loan bank within 15 days after the request for rejection is made, returning all the purchase money to the buyer, and finally going to the provident fund management institution or the loan institution to stop the repayment.

In the case of unsuccessful negotiation, buyers can choose litigation or arbitration to safeguard their rights and interests.

If the party paying the deposit defaults, the deposit will not be returned; If the party who collects the deposit defaults, the deposit will be returned twice; If both parties are at fault, they shall share it according to their respective degrees of fault.