In the process of housing sales, there are often irregular operations or due to developer reasons. Under normal circumstances, if the developer does not change the design without the consent of the purchaser, then the buyers have The right to check out, today Xiaobian to give you talk about what circumstances, buyers can request to check out!

First, delayed delivery of housing

This situation is the one most likely to be encountered by current home buyers. After the developers and buyers bought the house in the contract, they failed to receive the developer's notice of stay. Generally more than 3 months after the developer can not make a room, buyers can ask the developer to check out, and ask for double return deposit or payment of interest on housing.

Second, the developer lacked the "certificate", resulting in invalid contract

At present, developers must have complete documents to build buildings and sell homes. If the developer’s certificate is incomplete, it is illegal and the contract signed with the purchaser is an invalid contract. As it is an invalid contract, the purchaser should vacate the house and the developer should return the house payment paid by the purchaser.

Third, the developer did not change the design with the consent of the purchaser

In the contract signed by the purchaser and the developer, it is generally agreed that the developer must agree with the purchaser before changing the design. Otherwise, the developer constitutes a breach of contract and the purchaser has the right to check out. If the developer does not change the design of the house type, orientation, area, etc., without the consent of the purchaser, the purchaser may request the developer to check out according to the contract.

Fourth, unable to get a loan

When signing a contract, in addition to a one-time 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 provide relevant information and submit it to the CPF collection department for review. If the information provided by the developer shows that there is no provident fund loan condition, the purchaser cannot obtain the provident fund loan and the purchaser can request the check-out.

Fifth, can not get the title certificate

Due to the developer's reasons, the purchaser cannot obtain the property right certificate within the contractual time limit. If this condition is agreed upon, the buyer can ask for the check-out. In addition, due to the non-standard operation of some real estate in the past few years, some developers defaulted on the government land transfer fees and other problems, resulting in purchasers of these properties for many years without access to property ownership certificate, buyers can also request to check out .

Sixth, the housing area error exceeds 3%

At present, if the error ratio between the measured area of ​​the house and the temporary measurement area at the time of the contract is within 3% (including 3%), the buyer will ask for the check-out and the court will not support it. If the area error exceeds the absolute value by more than 3%, and the purchaser requests to check out and demand repayment of interest, the court will decide that the purchaser wins.

Seventh, the quality of the house is not qualified

The unqualified house quality is the "hard injury" of the house. When this happens, first of all, it is difficult for developers to get the “Complete Record Form” and cannot make a room. Or after the house is delivered and used, the quality of the main structure of the house is verified as unqualified. It is reported that so far, the Beijing court has not ruled out the case due to unqualified housing quality.

Eighth, the quality of the housing has caused a serious impact on the use of

According to the judicial interpretation of the contract for the sale and purchase of commercial housing just issued by the Supreme People's Court, the quality of the housing has seriously affected the normal residential use. If the purchaser requests to check out and asks the developer to compensate for the loss, the court will support it. It is generally believed that the housing quality problems seriously affect the normal residential use, mainly due to the poor quality of the air in the room due to poor air quality in the house due to previous construction reasons.

Ninth, the developer mortgaged the house

If the developer mortgages the house for sale or sells it to the home buyer before selling the house, the house is mortgaged to another person. After the purchaser finds out, he can ask for the check-out.

In the process of repossession, if there is a small quality problem, the developer can make repairs in time. However, if the above situation occurs, the purchaser can make a check-out.

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