How to check (the concern of the real estate market)

Recently, the property market showed no signs of coming out of the downturn. Developers offered discounts, bought cars and sent property fees, which made property buyers begin to doubt whether the timing of buying a house was right. This kind of questioning also triggered a large-scale check-out craze. Then, under what circumstances can property buyers return a house according to law? How to check out at all stages of buying a house? The sale of commercial housing is different from the sale of other consumer goods in daily life, because it has a long transaction cycle, involves a large amount of funds, many technical problems and complicated rights and obligations, so it has strict procedural requirements. But for one reason or another, it may lead to check-out. There are four main reasons for returning a house: first, the property buyers default; Second, the seller breaches the contract; Third, neither party has breached the contract, but both parties have reached an agreement on the issue of returning a house; Fourth, both parties broke the contract, but no consensus was reached through negotiation. In the process of buying and selling, due to different defaulting parties and different stages, the procedures for checking out are also different. The following describes how to handle the relevant procedures in the case of check-out at different stages of buying a house. 1. At the deposit (deposit or subscription) stage, the buyer has paid the deposit (deposit or subscription) but has not signed a formal pre-sale contract for commercial housing: if the buyer has paid the deposit (deposit or subscription) to the seller, but there is no explanation or agreement on the nature of the payment, in this case, the buyer can directly ask the seller or his agent for the payment. If the item sold by the seller has a pre-sale permit or property right certificate, the buyer and the seller have agreed that the money is a deposit. If the buyer and the seller fail to reach an agreement on the commercial housing sales contract and finally fail to sign the contract, the money will be confiscated and the deposit will not be refunded. Lawyers Jiang Tao and Liu Guilin believe that this agreement violates the principles of fairness and justice and should be a forced transaction. In this case, if the seller refuses to return the deposit, the buyer can directly bring a lawsuit to the court, but Article 22 of the Measures for the Administration of Commercial Housing Sales seems to agree with this agreement. 2. In the pre-sale registration stage, the buyer and the seller have gone through the pre-sale registration with the real estate authorities, but the house has not yet been delivered for use. At this stage, if one party wants to check out, it must first negotiate with the other party to see if an agreement can be reached. If both parties reach an agreement, they must express it in writing and sign a formal check-out agreement. The contents of the agreement should mainly include the agreement of both parties to terminate the original house sales contract, who will bear the responsibility for breach of contract, how to refund and how to perform it. 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. If the two parties fail to reach a house return agreement through negotiation, they may directly file a lawsuit or apply for arbitration with the court or arbitration institution. In addition, both parties should also go to the real estate registration authority to cancel the pre-sale registration. Three. After the completion of the house in the occupancy stage, if the buyer has gone through the occupancy formalities and paid the taxes due by the government department, but the real estate license has not been processed, it is usually the buyer who requests to return the house at this stage, and most of them are the sellers who breach the contract. In addition to the requirements of the second stage mentioned above, this stage also involves issues such as property, decoration losses, taxes and fees, and moving out time. If the seller breaches the contract, the decoration loss shall be assessed and determined by the real estate appraisal agency. Property buyers should also sign a contract with the property management company to terminate the property management, and the taxes and fees collected by the seller should also be refunded. If no agreement can be reached, the buyer may bring a lawsuit to the court or arbitration institution or apply for arbitration. 4. After the real estate license is completed, the ownership of the house has been transferred. Unless there is an agreement in the contract, under normal circumstances, buyers cannot return a house. 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. In this case, both parties need to go to the real estate license issuing authority to handle the transfer or cancellation procedures of the real estate license.