Can a house with a mortgage be returned like other goods? The answer is certain. Let's take a closer look at the relevant legal basis.
I. Termination of the house purchase contract
Article 94 of China's Contract Law clearly stipulates that the parties may terminate the contract under any of the following circumstances:
1. The purpose of the contract cannot be achieved due to force majeure;
2. 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;
3. One party delays the performance of the principal debt and fails to perform it within a reasonable period after being urged;
4. The Contract cannot be realized due to the delay in performance of debts or other breach of contract by both parties;
5. Other circumstances stipulated by law.
As can be seen from the above legal provisions, as long as the seller has these situations, such as serious quality problems in the house sold by the seller or the seller's breach of contract, and the conditions for dissolution in laws and regulations are met, the buyer can dissolve the house purchase contract according to law.
Second, terminate the loan contract
Consumers should also note that although the house purchase contract is terminated, it does not mean that the loan relationship between the buyer and the bank is also terminated, because the loan relationship between the individual and the bank is independent of the house purchase and sale relationship. In other words, although the buyer does not buy a house, the creditor-debtor relationship between the buyer and the bank still exists and the loan must be repaid.
As for how to repay, the method is also very simple, that is, the developer divides the refundable purchase price into two parts, the part that belongs to the down payment of the buyer is directly returned to the buyer, and the part that belongs to the bank loan is directly returned to the bank, which is regarded as that the buyer has repaid to the bank in advance. At the same time, the bank will accept the repayment and terminate the loan contract according to Article 30 of the Personal Management Measures of the People's Bank of China, "After the mortgagor or pledgor pays off all the loans as agreed in this contract, the mortgage or pledge will be returned to the mortgagor or pledgor, and the loan contract will be terminated".
Third, terminate the insurance contract.
After the cancellation of the bank's purchase contract and repayment contract, the insurance that the buyers handle when buying a house should also be cancelled. Because the legal relationship of insurance is another independent legal relationship besides the relationship between house sale and bank 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 there is no "no surrender" in the insurance contract signed by the buyer, the buyer can cancel the insurance contract at the same time as canceling the purchase contract. After that, the purchaser can go through the formalities of surrender and refund according to the relevant provisions in the Insurance Law of People's Republic of China (PRC).
The above are the specific methods and legal basis for the house bought by mortgage loan to cancel the contract and return a house. I hope the above content can help you deal with related problems. I would like to remind everyone here that in order to avoid the trouble of trading, property buyers must be optimistic about all aspects of the situation when buying a house, and make sure that there is no problem before making a purchase. After all, buying a house is not a trivial matter, so you must be careful when making a decision.
(The above answers were published on 20 15- 12-24. Please refer to the actual situation for the current purchase policy. )
Comprehensive and timely real estate information, click to view.