Checking out is nothing new. How should buyers exercise the right to return a house? What is the check-out process of commercial housing? Where can I check the commercial housing?
What is the check-out process of commercial housing?
1, deposit (deposit or subscription) stage
When the buyer has paid the down payment (down payment or subscription money) but has not signed a formal pre-sale contract for commercial housing, if the buyer has paid the down payment (down payment or subscription money) to the seller, but the nature of the paid money has not been explained and no agreement has been made, in this case, the buyer can directly ask the seller or his agent for the paid money.
2. The pre-sale registration stage has been completed.
If one of the buyers and sellers breaches the contract and cannot reach an agreement, then the party who advocates the termination of the contract shall notify the other party. When the notice reaches the other party, the contract is terminated. If the other party disagrees, it may request a people's court or an arbitration institution to confirm the validity of the termination of the contract.
3, check-in stage
After the completion of the house, the buyers went through the check-in formalities, paid the taxes and fees due from the government departments, but returned the house before the real estate license was processed. At this stage, buyers are generally required to settle accounts, and sellers are in the majority.
4. Completion stage of real estate license processing
After the real estate license is done, the rights of the house have been transferred. Unless there is an agreement in the contract, the buyer can't return the house in general. If the seller has completed the real estate license for the buyer, but the seller has paid in advance, and the buyer refuses to perform the payment obligation as agreed in the contract, the seller may propose to terminate the contract and ask the buyer to return the house and bear the corresponding losses.
Where can I check the commercial housing?
1. Send a notice to the developer to terminate the contract: if the developer agrees, both parties will negotiate to handle matters such as check-out, refund and compensation for losses. If the developer disagrees, he shall bring a lawsuit to the people's court with jurisdiction according to law, demanding the termination of the contract, and the developer shall compensate the relevant losses, and the court shall make a judgment.
2. Request the lending bank to terminate the contract of commercial housing secured loan: After the house purchase contract is terminated, you can request the lending bank to terminate the contract of commercial housing secured loan. According to the judicial interpretation of the Higher People's Court, such a request should be supported by the court.
3. The returned house purchase money is given priority to the mortgage bank: the house purchase money returned by the developer is given priority to the mortgage bank. When the developer returns the purchase money, he can deduct the bank money paid back.