1. process: in the process of buying and selling, due to the different defaulting parties and different stages, the procedures for checking out are different. (a) the deposit (deposit or subscription) stage. In the case that the buyer has paid the deposit (deposit or subscription money) but has not signed the formal Commodity House Pre-sale Contract: If the buyer has paid the deposit (deposit or subscription money) to the seller, but there is no explanation on the nature of the paid money and there is no agreement, 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 a property right certificate, the buyer and the seller have an agreement that the payment is a deposit, and if the buyer and the seller fail to reach an agreement on the Commodity House Sales Contract and fail to sign the 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 principle of fairness and justice, and should be a forced transaction. In this case, if the seller refuses to refund 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 authority 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, they should express it in writing and sign a formal check-out agreement. 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. The contract is terminated when the notice reaches the other party. 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 check-out agreement through negotiation, they can directly file a lawsuit or apply for arbitration with the court or arbitration institution. In addition, both parties should also go through the cancellation of pre-sale registration at the real estate registration authority. (3) check-in stage. After the completion of the house, the buyers have gone through the check-in formalities, paid the taxes and fees receivable by the government departments, but checked out before the real estate license has been processed. At this stage, the buyers are generally required to check out, and most of them are sellers who breach the contract. This stage is not only consistent with the requirements of the second stage mentioned above, but 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 by the real estate appraisal agency to determine the decoration loss. 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 buyers can bring a lawsuit to the court or an arbitration institution or apply for arbitration. (four) the completion stage of the real estate license. After the real estate license is completed, the right of the house has been transferred. Unless there is an agreement in the contract, the buyer can't return the house under normal circumstances. If the seller has completed the real estate license for the buyer, but the seller has advanced the capital, and the contract stipulates that if the buyer refuses to fulfill the payment obligation as agreed, the seller can propose to cancel 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 delay in getting the notice of occupancy from the developer after the delivery date agreed in the contract between the developer and the purchaser. Generally, the agreed time limit for late delivery of houses is 3 days to 9 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 before they can 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. 3. The developer changed the design without the consent of the purchaser. 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. In the event that the developer changes the house type, orientation and area without the consent of the purchaser, the purchaser may require the developer to return the house according to the contract. 4. You can't get the title certificate. Due to the developer's reasons, 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 real estates in the past few years, some developers have defaulted on the government land transfer fees and other issues from time to time, resulting in the buyers who bought these properties being unable to get the house title certificate after staying for many years, and the buyers can also request to return the house. 5. Unable to get a loan. When signing a contract, except for lump-sum payment or installment payment, there is an agreement on commercial loans or provident fund loans. 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 the conditions for provident fund loans are not met, and the purchaser cannot obtain provident fund loans, the purchaser can request to return a 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 house 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, and it 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, the quality of the main structure of the house is indeed unqualified after verification. 8. If the quality of the foundation and main structure of the commercial house fails to pass the test, 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 payment and pay interest, and the seller shall be liable for compensation for the losses caused to the buyer. The testing expenses incurred thereby shall be borne by the seller. 9. The quality of the house has seriously affected the use. The court will also support the buyer's request to return a house and ask the developer to compensate for the losses because the quality of the house seriously affects the normal living use. It is generally recognized that the housing quality problems seriously affect the normal living use, mainly because the poor air quality in the room affects the health of indoor residents and the noise in the room affects the living after the house is moved in. 1. 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 informing the purchaser that the house has been mortgaged, the contract will be invalid and the purchaser may request to return the house.

Legal basis:

Article 147 of the Civil Code of the People's Republic of China

The actor has the right to request a people's court or an arbitration institution to cancel a civil juristic act based on gross misunderstanding.

article 148 if a party fraudulently causes the other party to commit a civil legal act against its true meaning, the defrauded party has the right to request the people's court or an arbitration institution to cancel it.

article 149 if a third party commits fraud, causing one party to commit a civil legal act against its true meaning, 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 determined to be ineffective, 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, such provisions shall prevail.