I. Contract Agreement
Mortgage to buy a house, property buyers and developers or banks will sign a series of contracts, including purchase contracts and loan contracts. These contracts usually specify the rights and obligations of both parties, including the conditions and procedures for checking out. Therefore, when considering returning a house, buyers need to refer to the relevant contracts first to understand the specific agreement of returning a house.
If the conditions and procedures for house return are clearly stipulated in the contract and the buyer meets these conditions, then the buyer has the right to request house return. However, it should be noted that even if the check-out conditions are met, the buyers may still have to bear certain liabilities for breach of contract or pay certain liquidated damages.
Second, laws and regulations
In addition to the contract, check-out is also restricted by relevant laws and regulations. According to the Contract Law of People's Republic of China (PRC) and other relevant laws, the contractual relationship between the purchaser and the developer or bank is protected by law, and both parties shall abide by the contract.
If the buyer wants to check out, but the conditions or procedures for checking out are not clearly stipulated in the contract, then the buyer needs to negotiate with the developer or bank to reach a check-out agreement according to relevant laws and regulations. In this process, the buyer may need to provide sufficient evidence to prove the rationality of his return request, and bear the related expenses arising therefrom.
Third, the check-out process
If the buyer decides to check out, he usually needs to follow the following procedures:
1. Negotiate with the developer or bank: the buyer needs to make a return request to the developer or bank, and explain the reasons and basis for the return. Both parties can negotiate and try to reach a check-out agreement.
2. Performance of contractual obligations: If the buyer needs to bear the liability for breach of contract or pay liquidated damages, he shall perform relevant obligations as agreed in the contract.
3. Go through the check-out procedures: After the check-out agreement is reached, the buyers need to go through the check-out procedures according to relevant procedures, including loan cancellation, contract cancellation and check-out.
To sum up:
Whether you can return a house by mortgage depends on the contract between the buyer and the developer or bank and the provisions of relevant laws and regulations. In the process of checking out, buyers need to understand the contract, abide by laws and regulations, and actively communicate with developers or banks to ensure their rights and interests are protected.
Legal basis:
Contract law of the people's Republic of China
Article 93 provides that:
The parties may terminate the contract if they reach an agreement through consultation.
The parties may stipulate the conditions for one party to terminate the contract. When the conditions for contract termination are met, the creditor may terminate the contract.
Contract law of the people's Republic of China
Article 94 provides that:
In any of the following circumstances, the parties may terminate the contract:
(a) the purpose of the contract cannot be achieved due to force majeure;
(two) before the expiration of the performance period, one party clearly stated or indicated by its own behavior that it would not perform the main debt;
(three) one party delays the performance of the main debt and fails to perform it within a reasonable period after being urged;
(4) One of the parties delays the performance of debts or commits other breach of contract, which makes it impossible to achieve the purpose of the contract;
(5) Other circumstances stipulated by law.
"People's Republic of China (PRC) City Real Estate Management Law"
Article 46 provides that:
For the pre-sale of commercial housing, the re-transfer of unfinished pre-sale commercial housing purchased by the pre-buyer of commercial housing shall be stipulated by the State Council.