Whenever there is a downward trend in house prices, real estate disputes will increase significantly. Among these disputes, mainly include: due to the shortage of funds of developers, they can't deliver the house to the owners in time as agreed in the contract; Arrears of the project payment of the construction enterprise; Because of falling house prices, some owners' enthusiasm for bank loans has declined, and there may even be a phenomenon of requiring developers to return a house in a large area.
For developers who have difficulty in withdrawing funds, 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. Some owners have no other legitimate reasons to request the dissolution of the commercial housing sales contract due to falling house prices, and the court will not support it.
According to lawyers, there are mainly 1 1 cases where buyers can request unconditional return.
First, the contract itself.
That is, the buyer and the seller clearly agreed in the contract that they can return the house, and the contract is a true expression of the intention reached by both parties through consultation.
Second, the nesting error is too large.
If the pre-sale commodity house is priced according to the set (unit) and does not conform to the design drawings, or the relevant dimensions are out of the agreed error range when the house is delivered, and the treatment method is not agreed in the contract, the buyer may choose to return the house or re-agree the total price with the developer. If the buyer returns the house, the developer shall be liable for breach of contract.
Third, the area error is too large.
If the area agreed in the contract does not match the delivered area, or the treatment method is not specified in the contract, and the area error exceeds 3%, the buyer has the right to return the house.
Fourth, the quality of the main structure of commercial housing is problematic.
5. Delayed delivery.
Sixth, developers sell without a license.
According to relevant regulations, the developer entered into a pre-sale contract with the buyer without obtaining the pre-sale permit. If the buyer did not obtain the pre-sale permit before filing a lawsuit, the buyer has the right to ask the developer to return the house.
7. Delaying the application for property right certificate.
The developer shall, within 90 days from the date of delivery of the pre-sale house or signing the contract, handle the property right certificate for the buyers. If the property right certificate cannot be processed for more than one year due to the developer's reasons, the buyer has the right to request to return the house.
Eight, unauthorized changes in planning and design.
Nine, there are mortgages or houses for sale.
X. Transfer of construction in progress.
After the pre-sale of commercial housing, the developer intends to transfer the commercial housing construction project under construction, and if the buyer does not agree to the transfer, he has the right to terminate the pre-sale contract of commercial housing.
1 1. If the mortgage contract cannot be concluded and the commercial housing sales contract cannot be continued due to reasons not attributable to both parties, the buyer may request unconditional return of the house.
(The above answers were published on 20 17-04- 18. Please refer to the actual situation for the current purchase policy. )
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