To answer this question, first of all, we need to find out what links are needed in the process of buying a house, especially in mortgage to buy a house. The usual purchase procedure is that after the buyer looks at the house, he signs a purchase contract with the developer, and then goes to the real estate department where the contract house is located to register the purchase contract. This contract shall come into effect after being registered by the real estate department. At this time, the buyer will go to the bank that has a cooperative relationship with the developer to go through the mortgage formalities, and the buyer will lend after the bank approves the loan conditions. Property buyers pay the house price on a monthly basis according to the loan agreement with the bank stipulated in the contract, so that the whole purchase process comes to an end. It is not until the property buyers repay the money borrowed from the bank within the specified time or in advance that they can exchange their property certificates with the bank, and the whole purchase behavior is completed.
Then, if a property buyer requests to return a house after completing the loan formalities or repaying the loan on a monthly basis for a period of time, it should be handled separately according to the reasons for returning a house:
(1), where the buyer has justified reasons to apply for cancellation of the house. For example, the developer illegally sells the house, the house has no legal procedures, and the house itself does not have the conditions for use. In this case, buyers should negotiate with developers according to China's "Measures for the Administration of Real Estate" and "Measures for the Administration of Commercial Housing Sales". If negotiation fails, the buyer may bring a lawsuit directly to the court where the house is located according to the law or the contract. If the contract provides for arbitration, they can apply to an arbitration institution for arbitration.
(2) If there is no problem with the quality and legal procedures of the house, that is, the developer has not violated the law, only when the buyer wants to return the house to the developer for various reasons, from the perspective of contract performance, according to the law, in the process of contract performance, the parties can transfer their rights and obligations in the contract to a third party with the consent of the other party. In other words, if property buyers want to transfer the house they have paid a part of the house price to a third person, they must negotiate with the developers and banks. If the buyer, the developer and the bank can reach an agreement on the transfer method and conditions, they shall sign a written agreement. According to China's Contract Law, if the transfer of rights or obligations is subject to approval and registration as stipulated by laws and administrative regulations, such provisions shall prevail. Then, after the buyers, developers and banks sign the transfer agreement, the buyers and developers will go to the real estate department where the house is located to change the contract and register for the record. The change contract can only take effect after the registration of the housing and land management department. At this time, the transfer of rights and obligations of property buyers in the process of purchasing houses was officially completed.
In addition, property buyers should also pay attention to:
(1), when it is impossible to continue to repay the loan, it is best to sell the house in time, whether it is to find a buyer by yourself or through a second-hand intermediary; If the house is taken away by the bank for auction, generally speaking, the auction price is lower, and the owner loses a lot.
(2) As long as the monthly payment has not been officially terminated, the owner should fulfill the repayment responsibility on time and in quantity, otherwise the bank will not only recover the monthly payment from the owner, but also pay a penalty interest according to the regulations. The current penalty interest is 2. 1 ‰ per day.
(3) If the owner feels that the repayment is too big for his own economy, he can choose to extend the mortgage term in addition to terminating the repayment, thus reducing the monthly repayment amount.
(4) After the owner terminates the mortgage, the bank will not refund the various mortgage payments already paid. However, the insurance premium can be returned to the owner after deducting the insurance period.
(5) If the owner wants to return the mortgaged house, on the one hand, he can negotiate with the developer of the house, assisted by the developer, and on the other hand, he can negotiate with the bank that specifically mortgaged the house when buying it (the name and address are listed in the purchase contract by the credit department of the head office or the private business department), or sell the house through a second-hand intermediary or re-mortgage.
In short, in the process of repayment, if there is a dispute between the buyer and the developer due to the housing itself or housing-related problems, they should analyze the causes of the problems on the basis of restraint and calmness, and must not take blind measures, such as terminating the loan repayment to the bank and other similar irrational behaviors. Because according to the law, this is a breach of contract by property buyers. Therefore, no matter what problems arise, we should use corresponding rational methods to solve them.
Special thanks: Lawyer Bai Jinyin, Director of Real Estate Center of Beijing Longan (Jinan) Law Firm.
(The above answers were published on 20 16-08-25. Please refer to the actual situation for the current purchase policy. )
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