I. Legal circumstances under which you can return a house:
(1), the developer's project development is illegal in the sale of commercial housing.
If the project fails to fulfill the statutory procedures and complete legal documents such as the construction land planning permit, the construction project planning permit, the construction project commencement permit and the state-owned land use permit, and the project is confirmed to be illegal, violating the prohibitive provisions of the law or social public interests, the commercial housing sales contract is invalid, and the seller with invalid contract shall bear all the losses caused by the buyer.
(2) The developer did not obtain the pre-sale permit of commercial housing in the process of commercial housing sales.
If a developer intentionally conceals that he has not obtained the pre-sale permit of commercial housing or provides a false certificate of the pre-sale permit of commercial housing, and signs a contract for the sale of commercial housing with the buyer, and the buyer knows that the seller has not obtained the certificate of the pre-sale permit of commercial housing before the prosecution, the contract for the sale of commercial housing is invalid, and the seller shall return the purchase price and interest paid by the buyer, compensate for the losses, and may require the seller to bear the compensation liability of not more than twice the paid purchase price.
(3) The developer arbitrarily changes the planning and design in the process of commercial housing sales.
Where a commercial housing sales contract has been signed, the seller shall not change the design and planning without authorization. If the planning change approved by the planning department or the design change agreed by the design unit causes the structural form, apartment type, orientation and spatial dimension of the commodity house to change, and other circumstances affecting the quality or use function of the house agreed by the parties to the contract occur, the seller shall notify the buyer in writing within 10 days from the date of confirmation of the change. And the buyer fails to reply for more than 15 days, it is deemed to accept the planning and design change and the resulting house price change. If the seller fails to notify the buyer within the specified time, or the buyer proposes to reject the house within 15 days after the notice is served, the buyer has the right to reject the house, and the seller will return the paid house price and interest, and bear the liability for breach of contract.
(4) The seller conceals the mortgage of the house.
Where a house sales contract has been signed, the seller mortgages or sells the house to a third party without informing the buyer; When concluding a house sales contract, the seller intentionally conceals the fact that the house sold has been mortgaged or sold to a third party or that the house has been demolished for compensation and resettlement, so that the purpose of the house sales contract cannot be realized, the buyer may request to terminate the contract, return the paid house purchase price and interest, and demand that the seller bear the liability for breach of contract, or demand that the seller bear the liability for compensation not more than twice the paid house purchase price.
(5) The Seller delays the delivery of the house.
The buyer may stipulate the delivery time of the house in the contract. If the seller fails to deliver the house within the agreed time limit and fails to perform it within a reasonable period of three months after being urged, the buyer may request to terminate the contract, unless otherwise agreed by the parties. If there is no law or agreement between the parties, the reasonable period for exercising the right of cancellation is three months after the buyer's demand. If there is no reminder, the cancellation right shall be exercised within one year from the date when the cancellation right occurs; If it is not exercised within the time limit, the right of revocation shall be extinguished. After the termination of the contract, the buyer has the right to demand the return of the paid house price and interest, and ask the seller to bear the liability for breach of contract.
(6) In the commercial housing sales contract, the seller delays handling the real estate license.
Within 90 days from the date of delivery of pre-sold commercial housing and the date of signing the sales contract, the land use right change and house ownership registration procedures shall be handled. The seller shall assist the buyer in handling the formalities of land use right change and house ownership registration, and provide necessary supporting documents. If the term expires for more than one year due to the seller's reasons, and the buyer can't register the ownership of the house, the buyer can demand to cancel the contract, return the paid house purchase price and interest, and have the right to demand the seller to bear the liability for breach of contract.
(7) The error between the agreed area and the actual area in the commercial housing sales contract is too large.
When there is an error between the agreed area in the pre-sale contract and the actual area, and the absolute value of the area error ratio exceeds 3%, the buyer has the right to choose to return the house, and the seller shall return the paid house price to the buyer within 30 days after the buyer proposes to return the house, and pay interest at the same time.
(8) The Xing Tao error of housing sales priced by units is too large.
For pre-sold houses priced by units, the seller shall attach the floor plan of the houses sold in the contract. The plan should indicate the detailed dimensions and specify the error range. If the house type does not conform to the design drawings or the relevant dimensions are out of the agreed error range, and the treatment method is not stipulated in the contract, the buyer may return the house, and the seller shall return the house payment and interest paid by the buyer and bear the liability for breach of contract.
(9) There is a problem with the quality of commercial housing.
The house delivered by the Seller shall be a commodity house that has passed the acceptance. If the main structure of the house is unqualified and cannot be delivered for use, or the quality of the main structure of the house is unqualified after delivery, the buyer has the right to demand the termination of the contract and compensate for the losses. In addition, if the quality of the house seriously affects the normal living and use, the purchaser also has the right to demand the termination of the contract and compensate for the losses.
(10), the house purchase contract stipulates that the loan is not approved to pay the house purchase price.
As stipulated in the commercial housing sales contract, if the buyer fails to conclude the commercial housing secured loan contract due to the seller's reasons, the buyer may request to cancel the contract and compensate for the losses. If the Commercial Housing Guarantee Loan Contract cannot be concluded due to reasons not attributable to both parties, and the Commercial Housing Sales Contract cannot be continued, the buyer may request to terminate the contract, and the seller shall return the purchased house price, interest or deposit to the buyer.
2. Agree to check out:
In addition to the above-mentioned legal right to return a house, the purchaser can also specify the conditions for terminating the contract and bear the liability for breach of contract through the contract. When the agreed conditions are established, he can exercise the right of cancellation and request to return the house. The way agreed in the contract can be the main clause of the contract, or the annex or supplementary agreement.
In the case of legally returned houses (3), (5), (6), (7), (8), (9) and (10), due to the provisions of departmental regulations, the legislative rank is low, and the principle of freedom of civil contract, both parties can change the legally returned houses on the premise of consensus, so buyers must pay attention when signing contracts.
In addition, for most property buyers, in order to create better living conditions, some of them spend most of their savings on buying new properties or replacing new houses. As the adjacent relationship of real estate, the ventilation, lighting, noise and air quality are particularly important, which is directly related to the vital interests of buyers. Specifically, the two sides can also agree that the height of the front building does not exceed a certain height or that the lighting of their own courtyard will not be affected after the completion of the front building, or they can directly agree on the building spacing, the proportion of greening in the community, the standard of decoration and the requirements of public facilities in the community. If the other party fails to meet the standards or fails to meet the standards, both parties may stipulate in the contract the buyer's right to unilaterally terminate the contract, so that the buyer has the right to return the house and ask the seller to bear the liability for breach of contract.
Three. other terms
According to Article 52 of the Contract Law of People's Republic of China (PRC) (hereinafter referred to as the Contract Law): "In any of the following circumstances, the contract is invalid:
(1) One party enters into a contract by means of fraud or coercion, which harms the interests of the state;
(2) Malicious collusion that harms the interests of the state, the collective or a third party;
(3) Covering up illegal purposes in a legal form;
(4) damaging the public interest;
(5) Violating the mandatory provisions of laws and administrative regulations.
Article 54 stipulates: "One party has the right to request the people's court or arbitration institution to modify or cancel the following contracts:
(1) Due to a major misunderstanding;
(2) obviously unfair at the time of conclusion of the contract.
If one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it. "After the contract is invalid or cancelled, the property acquired as a result of the contract shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result. If both parties are at fault, they shall bear their respective responsibilities.
In the house sales transaction, according to Article 52 of the Contract Law, the contract is invalid, and the buyer may request to confirm that the house sales contract is invalid and directly request to return the house. However, it is often difficult for the buyer to prove that it is necessary to terminate the contract according to Article 53 of the Contract Law. Therefore, when signing the contract, every verbal promise of the seller should be implemented in the house purchase contract and its annexes and supplementary agreements as far as possible, and signed by both parties, so that once its expectation cannot be realized or the seller's promise cannot be fulfilled, it can request to return the house.
References:
Regulations on the management of urban real estate development and operation
Measures for the administration of commercial housing sales
Interpretation of some problems on the application of law in the trial of disputes over commercial housing sales contracts
Contract law of the people's Republic of China
General Principles of Civil Law of People's Republic of China (PRC)