1. Due to force majeure, the contract cannot be continued.
If the contract cannot be continued due to force majeure, you can apply for returning the house. Force majeure can be natural factors or human factors. Natural factors include earthquakes, floods and tsunamis. Human factors are mainly policies. When force majeure affects the normal performance of the contract, the buyer has the right to terminate the contract.
The developer violated the contract.
If the developer breaches the contract, the buyer can apply for returning the house. Including delaying the delivery of the house and failing to perform the obligations stipulated in the contract, buyers should pay attention to retaining the evidence of the developer's breach of contract and propose to the developer to terminate the contract. According to the regulations, if the developer fails to fulfill the obligation of handing over the house within a reasonable period of three months after being urged by the buyer, the buyer has the right to request to return the house, unless otherwise agreed in the contract.
3. Housing quality problems.
If there are major problems in the quality of the purchased house, the buyer may apply for returning the house. For example, the building is tilted, the wall is cracked, the leakage seriously affects the normal living, and the main structure is unqualified. If there is an agreement in the contract, it shall be handled according to the contract first. If there is no agreement in the contract, the problem needs to be appraised by a professional organization, and the appraisal result is really a house quality problem, and the buyer has the right to return the house.
Developers are not qualified to sell houses.
If the developer is not qualified to sell the house, the buyer can apply for return a house. For auction projects, developers can only sell to property buyers after obtaining the pre-sale permit. Developers sell houses without pre-sale permits, and buyers can return a house unconditionally. If the developer does not retreat, he can complain to the Housing Construction Committee.
5. The absolute value of area difference exceeds 3%
Generally speaking, according to the relevant laws and regulations, if the area error ratio exceeds 3%, and the building area inside the house or the building area does not match the area agreed in the contract when the developer delivers the house, and the treatment method agreed in the contract is not specified or unclear, the buyer has the right to terminate the contract, and the developer should return the paid house purchase price and the interest generated during the validity period of the contract. This situation is very common in auction projects.
6. Excessive transmission delay
If the seller delays the transfer too much, the buyer can apply for returning the house. The time limit for handling the registration of house ownership stipulated in the Commodity House Sales Contract or the Regulations on the Administration of Urban Real Estate Development and Operation (if the subject matter of the Commodity House Sales Contract is an unfinished house, it shall be 90 days from the date of delivery of the house; If the subject matter of the commercial housing sales contract is a completed house, after the expiration of one year, if the buyer fails to register the ownership of the house due to the seller's reasons, the buyer has the right to terminate the contract.
I believe that the above check-out conditions should be clear to everyone. If you have the above questions, you can apply for check-out. For developers who have difficulty in withdrawing funds and affect the delivery of houses, on the one hand, they are deemed to be in breach of contract according to laws and regulations, on the other hand, they should fully consider the actual situation of the property market and properly determine the liability for breach of contract.