If both parties can check out through consultation, sign a check-out agreement. The check-out agreement not only confirms the check-out, but also clarifies the division of liability for breach of contract and the responsibilities and obligations of both parties.
If both parties fail to reach an agreement through negotiation and the buyer insists on returning the house, he can formally notify the developer to terminate the contract in writing and inform the other party that the contract has been terminated. If the developer has any objection, he can bring a lawsuit to the court or apply to an arbitration institution for arbitration.
After the termination of the contract, both parties need to go to the Housing Authority for cancellation and filing.
Extended data:
The liquidated damages for returning a house refers to the sum that has nothing to do with performance and is determined in advance by both parties through consultation after the breach of contract occurs.
legal ground
The Contract Law stipulates that the parties shall fully perform their obligations as agreed. If one party fails to perform its obligations, it will be liable for breach of contract.
At the same time, the Contract Law stipulates that both parties can terminate the contract through consultation. Therefore, consumers can negotiate with developers to terminate the contract.
However, if the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. At the same time, it is stipulated that if one party fails to perform the contract due to force majeure, it shall notify the other party in time to reduce the possible losses to the other party, and shall provide proof within a reasonable period of time.
Force majeure is an unforeseeable, unavoidable and insurmountable objective situation. If this is the case, you can tell the other party that you can't perform the contract. At this point, part or all of the responsibilities can be exempted.
Matters needing attention in signing the house purchase contract:
1. The Buyer and the Seller shall read the contents of this contract carefully. If they disagree with the contract terms and professional terms, they can consult the local real estate development authorities. If there is no objection, it is deemed that both parties agree.
2. Before signing the contract, the seller shall show the relevant certificates and supporting documents provided by the seller to the buyer.
References:
Baidu Encyclopedia-Purchase Contract