Check-out procedure
1, everything is easy to discuss! Sit down with the developer for a cup of tea first, and if the negotiation breaks down, go to court for prosecution.
The old driver suggested that if the check-out conditions agreed in the contract are met, it is best to negotiate with the developer first, which can save litigation costs. If the compensation provided 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 it met the legal check-out conditions, and the court will also support the owner's check-out request. 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, when a lawsuit is filed in this case, the court appraisal process is relatively long.
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 pay compensation as agreed. 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 and lawyer's fee. , included in the actual loss of consumers, compensation by the developer.
3. Both down payment and monthly interest can be compensated.
In return for a house, buyers who use one-time payment can directly ask the developer to refund their payment and corresponding interest. However, the situation of buying a house through mortgage loans and provident fund loans is relatively complicated. In fact, the developer 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, which is deemed that the buyer has repaid the money to the bank in advance. The bank receives the repayment and terminates the loan contract with the buyer.
The developer pays the down payment interest to the purchaser, that is, the down payment interest income from the delivery date of surrender 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 property buyer has lived for a period of time when requesting to return a house, the depreciation expenses incurred during this period shall be compensated by the owner. When checking out, if the responsible party is the developer, the buyer may not compensate for the depreciation of the building; If it is the responsibility of the buyer, the developer may not compensate the owner for the decoration fee.
The check-out process is divided into four steps.
Step 1: The buyer sends a return notice to the developer by registered mail, fax or telephone.
Step 2: Urge the developer to go through all the procedures for the cancellation or termination of the contract between the buyer and the loan bank within 15 days after the house return request is made.
Step 3: urge the developer to return all the purchase money to the purchaser.
Step 4: Go to the provident fund management institution or the loan bank to go through the formalities of stopping repayment.
At this point, the consumer and the bank terminate the loan contract, and after the developer returns all the house payment, the sales contract between the purchaser and the developer also means that it can be terminated. In addition, when a buyer applies for a mortgage loan, the bank generally requires the buyer to buy insurance for his house, and the insurance beneficiary is the loan bank, so the last step is to cancel the loan contract and then go through the insurance surrender procedures.
Check-out precautions
1, don't forget the insurance surrender procedures.
When a buyer applies for a mortgage loan, the bank generally requires the buyer to insure the house. According to the relevant provisions of the Insurance Law, if the insured requests to terminate the contract, the insurer may collect the insurance premium from the date when the insurance liability starts to the date when the contract is terminated, and return the rest to the insured.
If the punishment is high, the punishment will be low.
According to the relevant provisions of the contract law, if the liquidated damages are not enough to cover all the actual losses, the developer will continue to compensate the difference. If the penalty is higher than the actual loss, the developer will directly compensate according to the penalty.
3. Double the deposit.
According to Article 1 16 of the Contract Law, if the parties agree on both liquidated damages and deposit, when one party breaches the contract, the other party may choose to apply the liquidated damages or deposit clauses, but not both. If the house is returned due to the buyer's reasons, the developer has the right not to refund the deposit; But if it is the responsibility of the developer, the buyer can get double compensation.
4. It is more convenient to check out before the real estate license is issued.
It is best for the owner to check out before the real estate license is completed. If there is a problem in the decoration of the house after obtaining the real estate license or under other circumstances, it usually takes a long appraisal process, and then after obtaining the award certificate, take the litigation road and go through the check-out formalities. The process is very complicated.
(The above answers were published on 20 16-09- 17. The current purchase policy should be based on the actual situation. )
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