Under what circumstances can the house apply for check-out?
1. Due to force majeure, the contract cannot be continued.
Force majeure can be a natural factor or a social factor. When force majeure affects the normal performance of the contract, the buyer has the right to terminate the contract.
2. The developer breaches the contract and violates the law.
If the developer breaches the contract, including delaying the delivery of the house and failing to perform the obligations stipulated in the contract, the buyer shall keep the evidence of the developer's breach of contract and propose to the developer to terminate the contract. According to the relevant laws and regulations, before the expiration of the performance period, one party clearly indicated or indicated by his own behavior that he would not perform the main debt, and after being urged by the buyer, the developer still failed to perform the delivery obligation within a reasonable period of three months, and the buyer has the right to request to return the house.
3. There are major problems in housing quality.
There are major problems affecting the normal residence and use of the house, such as building tilt, leakage seriously affecting normal residence, unqualified main structure, continuous water leakage, water seepage, cracks in the wall, etc., which lead to the buyer's inability to live and use normally. If there are relevant provisions in the contract, it shall be handled according to the contract first. If there is no agreement in the contract, it needs to be appraised by a professional organization. If the appraisal result is really a house quality problem, the buyer has the right to return the house.
Developers are not qualified to sell houses.
For auction projects, developers can only sell to property buyers after obtaining the pre-sale permit. If the house is sold without a pre-sale permit, the buyer can return the house unconditionally.
5. The absolute value of area difference exceeds 3%
During the house inspection, it was found that the absolute error between the building area or interior area delivered by the developer and the area agreed in the contract exceeded 3%. According to the law, the purchaser has the right to terminate the house sales contract and claim compensation from the developer. It can also be settled by both parties through consultation, and the difference will be refunded by the developer.
6. Excessive delay in the transfer of property rights
If the time limit for registration of house ownership stipulated in relevant contracts or laws expires for more than one year, and the property owner has not obtained the real estate license due to the developer's reasons, the buyer has the right to terminate the contract.
7. Delivery delay
According to the relevant laws and regulations of our country, if the developer fails to deliver the house over time, fails to deliver the new house beyond the time agreed in the contract, and the buyer fails to deliver the house within a reasonable time after being urged, the buyer has the right to ask the developer to return the house and claim compensation from the developer.
8. One room is sold more or the house has been mortgaged.
Many developers have the phenomenon of selling more than one room. For example, after the buyer signs the sales contract, the developer gives the house to a third person, so the buyer has the right to terminate the contract and ask the developer to compensate for the corresponding losses.