How to Return Your House in China

This article explains under what conditions a home buyer can cancel a contract or return a home.

A buyer can cancel a contract for the following reasons:

1. Purchase contract invalid
2. Purchase contract revoked following legal proceedings
3. Area discrepancy (exceeding 3%)
4. Developer changed plans without buyer approval
5. Building quality does not meet standards
6. Seller delays handing over property (3 months)
7. Buyer cannot obtain housing registration

A buyer can return a home under the following conditions:

1. Buyer violates contract
2. Seller violates contract
3. Both violate contract and reach an agreement
4. Both violate contract, but cannot reach an agreement

Depending on the stage of the sale:

1. The buyer has paid the down payment, but there is no formal contract or agreement to buy. The buyer can ask for the return of the deposit. If there is an agreement, but buyer and seller cannot agree on the final contract, the buyer forfeits the deposit.

2. If they have already passed the pre-sale registration phase, the buyer should consult with the seller to reach an agreement on returning the home, and outline all responsibilities and how to fulfill them on paper. If they cannot reach an agreement and one side breaks the contract, they can sue it court or go to arbitration.

3. After moving in, if everything has been completed except registering ownership with the government, the buyer can still return the home. Usually, at this stage it is because the seller has violated the contract in some way. The seller may be forced to return furnishing expenses and taxes paid.

买房后想退房怎么办？详解什么情况下可以退房

After several twists and turns to buy a house, they may be a lot of dissatisfaction issues, buyers under what conditions can require developers to check out ? How to enjoy "legal check-out rights"? specific check-out process like? Check out what precautions ?

According to the provisions of contract law, a contract established by law, legally binding on the parties, the parties should fulfill their obligations in accordance with the terms of the contract are not allowed to change or cancel the contract, otherwise they shall bear the corresponding breach of contract. However, according to the Ministry of Construction, " real estate sales management approach "and" Supreme Court to hear the case of Contract applicable to a number of issues of interpretation "provides that the buyer may terminate the contract of sale of real estate law are the following scenario.

Purchase contract is invalid

If the developer's sales practices in violation of the mandatory provisions of laws and administrative regulations, under the law, the purchase contract is invalid, the buyers have the right to check out. Developers of the project development illegal, did not fulfill the formalities prescribed by law, do not have the complete legal documents, is a violation of the law or violate the prohibition public interest. For example, developers in real estate sales license under no circumstances get to enter into a purchase contract with the buyers to similar contracts in which the developer does not get made under the appropriate procedures, should belong to void the contract, as buyers have the right to request Developers check out.

Purchase contract is revoked

For buyers who contract entered into by a major misunderstanding, or at the time of conclusion of the contract unconscionability, the developer of fraud, duress, position of vulnerability means buyers who make the contract in the case of violation of the true meaning of the make, buyers have the right to request the people's court or an arbitration institution to modify or revoke.

Dwelling and design drawings submitted inconsistent when, or related dimensions exceed the agreed range of error, while also handling the contract is not agreed, the buyers have the right to check out.

Area error

According to the Ministry of Construction "real estate sales management approach", where the floor area or passed the construction area and the actual measurement error than the absolute value of the contract in which there is an excess of 3% of buyers who have the right to check out. Press kit building area or building area denominated, except when the parties stated error handling outside the contract area and registration area occurred in the purchase contract, the area of ​​error than the absolute value of more than 3%, the buyer is entitled to check out. Check out the buyer, the real estate development enterprises shall, within 30 days of check-out date, the buyer will Fangjiakuan paid refunded to the buyer, while the buyer to pay interest on Fangjiakuan raised.

Developer did not agree to change the design by buyers

Developers unauthorized changes to the planning, design, or planning changes approved by the planning department, the design unit agreed to design changes lead to structural type of real estate, apartment, space size, orientation change, and the emergence of other affected parties to the contract agreed upon or use of commercial quality Function circumstances, developers failed to establish changed within 10 days of written notice buyers who, buyers have the right to check out.

The buyer is entitled to notice of arrival date within 15 days whether to make a check out a written reply. The buyer at the date of notification does not arrive within 15 days a written reply, shall be deemed to accept the planning, design changes as well as changes resulting Fangjiakuan. Real estate development enterprises not notify the buyer within the prescribed time limit, the buyer is entitled to check out, check out the buyer, liable for breach of the real estate development business.

Substandard quality housing body

The main structure refers load-bearing walls, beams, columns, etc., settlement of foundation of the event exceeds the allowable deformation values, reinforced concrete structures deformation, cracks, masonry do not have enough strength and stiffness and other quality problems, and by the engineering quality testing institutions re-verification, the main structure of substandard quality indeed, buyers have the right to check out.

The seller delay the delivery of housing

After being urged by the buyer within a reasonable period of three months has yet to fulfill the payment obligations of housing, the buyer is entitled to request termination of the contract, except as otherwise agreed by the parties.

Can not apply for housing ownership registration

Expiration of the agreement or contract for the sale of real estate in Article 33 "urban real estate development and management regulations," the deadline for registration from rising home ownership more than a year, due to the seller, the buyer can not lead to registration of home ownership, the buyer the right to request to lift the sale of housing and compensation for losses.

Because developers reason people buy a house can not get housing ownership certificates within the contract period, if both parties agree to this condition can check out, home buyers can request check out. In addition, as in previous years, some real estate operations are not standardized, some developers when arrears of land transfer and other issues have occurred, resulting in the purchase of these properties buyers can not stay for many years to obtain housing ownership certificates. Buyers can also request a check out.

According to "explain the Supreme Court to hear case law applicable to commercial contract dispute Issues" provisions of Article 23, "because not attributable to the grounds of both parties failed to enter into contracts and real estate secured loans can not lead to the sale of real estate continue to perform, the parties may request the termination of the contract, the seller shall be the principal and interest received by a mortgage or deposit refund the buyer. " For this reason, buyers can ask developers to refund the purchase money and interest.

Check out the situation produced several main reasons

Unlike the sale of real estate sale and purchase other daily consumer goods, because its trading long period, involving a large amount of funds, technical issues and more complex relationship between rights and obligations, so the more stringent requirements of the program. But because of this or that reason, it may lead to check out the situation. Check out the situation up there imputation There are four main reasons:

First, buyers of default;

Second, the seller of default;

Third, neither breach of contract, but the two sides reached a consensus on the check issue;

Fourth, both breach of contract, but the negotiations failed to reach a consensus. In the sale process, due to the different stages of the defaulting party and in which different, check out the program is different.

Here's what appears in the different stages of the purchase check out how to handle the formalities related to the case.

1, the deposit (deposit or subscribe for gold) stage

When buyers have to pay the deposit (deposit or subscribe for gold), but has not signed a formal "Real estate sale contract case ": If the buyers have to pay the seller a deposit (deposit or subscribe for gold), but did not specify the nature of the payments to pay, nor any agreement, this situation can direct buyers to the seller or its agent, to pay back the money.

If the seller sold the project "Pre / sales permit" or a title certificate, buyers and sellers have agreed to pay the amount of the deposit, and if the buyers and sellers on the "real estate sales contracts," failed to reach a consensus, they did not sign a contract, the money to pay the forfeiture, the deposit is not refundable.

2, has been doing pre-registration phase

Buyers and sellers of real estate authorities have to do a pre-registration, but housing has not been delivered, at this stage if you want to check out one of the first to consult with each other, to see whether consensus, if the two sides reached a consensus to be in writing forms represented, signed a formal check-out agreement. The main content of the agreement should include the two sides agreed to lift the original sale of housing, breach of responsibility by whom, how to refund, how to fulfill other issues.

If the buyer and seller in one party defaults, and fail to reach an agreement, then the proposition party to terminate the contract shall notify the other party. The contract is terminated when the notice reaches the other party. There are other objections, may request the court to cancel the contract or an arbitration institution to confirm the effectiveness. If both parties fail to reach the check-out agreement, may sue or apply directly to the court of arbitration or arbitration body. In addition, the two sides should be to the real estate registration authority for cancellation of pre-registration.

3, Check-stage

After the house is completed, buyers have been handled in check, pay government taxes and fees receivable, real estate license, but not yet handle down before check out, check out this stage are generally require buyers, mostly The seller default. In addition to this stage and the second stage requires consistent, but also related to the property, renovation losses, taxes, move out of time and other issues. If the seller defaults, losses should be renovated after the real estate appraisal agency to determine decoration loss. Home buyers and property companies also signed a lifting property management contracts, taxes collected on behalf of the seller should be refunded. If no agreement is reached, buyers may sue or apply for arbitration to court or arbitration.

After the real estate license for completion, the house has completed the transfer of ownership, unless the contract have agreed otherwise, buyers generally can not check out. If the seller has been completed real estate license for home buyers, but the seller Loaning, and the contract have agreed as buyers refused to meet its payment obligations as agreed, the seller can be made to terminate the contract, requiring buyers to check out and bear the corresponding loss. This situation required the parties to the issuing authority for real estate license real estate transfer or cancellation procedures.

Check out the specific program

The first step to buy a house check-out notice issued

Buy a house by registered mail, fax or telephone to the developers made. Check lead responsibility for the developer, the developer should bear the loss caused by the check-out, including interest on loans, the first payment of interest on deposits, purchase taxes, etc.; as agreed in the purchase contract Check out the compensation standards, according to the contract treatment, compensation standard contract sufficient to cover the losses, can claim compensation separately; loan applications due to unauthorized buyers, both parties can not be a consensus on the method of payment to check out other causes, developers do not need to bear the liability.

Step 15 days to run a variety of procedures

Buy a house made within 15 days after check-out requirements, the developer shall refund all people have to pay back the principal to buy a house, and the person responsible for the property with the lending banks dissolution or termination of the contract all the formalities before the procedure or document has not been signed, development Manufacturers should instead buy pay monthly payments of principal and interest to the lending bank.

Check out the developer should issue a notification to buy a house, buyers will refund all money to buy a house, and go through the formalities completed repayment fund management institutions or lending banks. If you can not apply after the completion of the foregoing, the check-out notice issued since the first person to buy a house to buy a house on the 16th day people get back the principal of all, the developer shall pay to buy one one-thousandth of the total housing fund daily liquidated damages.

Check Precautions

1, insurance (rest assured Paul) surrender procedures do not forget

When buyers for mortgage loans, the banks usually require buyers for the purchase of insurance, in accordance with the relevant provisions of the "Insurance Law" requires the policyholder to terminate the contract, the insurer may be charged from the date of commencement of the insurance liability date of termination of the contract to play insurance only during the remainder of the refund policyholders.

2, liquidated damages not on the high low

According to the relevant provisions of the "Contract Law", liquidated damages are insufficient to cover actual losses of all, the difference from the developers continue to compensation. As liquidated damages higher than the actual losses, according to the developers directly liquidated damages to compensate.

According to the "Contract Law" Article 116, both parties agreed liquidated damages, and the deposit agreement, when one party defaults, the other party may choose to apply liquidated damages or deposit terms, can not apply. If the causes of buyers who check out, the developer is entitled to a non-refundable deposit; but if it is the responsibility of developers, buyers receive double compensation.

3, Easier to return a home before obtaining title

Owners preferably before the real estate license after finishing check out, if after Nadaofangchanzheng home improvements or problems occur in other situations require departure, the identification process usually takes a long time, and then take the road of litigation After check-out to get the win proved that the process is more complicated.