Under normal circumstances, property buyers can return a house mainly including the following:
First, the developer postponed the delivery.
This situation is relatively easy for property buyers to encounter at present. That is, the delivery date agreed in the contract has arrived, but the owner has not received the notice of occupancy from the developer or the house does not have the occupancy conditions. According to the judicial interpretation, if the developer fails to perform within a reasonable period of three months after being urged by the buyer, the buyer has the right to ask the developer to return the house, and demand a deposit or pay interest; In practice, we often encounter such contract terms: the contract stipulates the time for the developer to hand over the house, and the developer pays one ten thousandth of the paid house price for each day overdue, and the buyer who is overdue for more than three or six months can return the house, and the developer has to bear a penalty of several ten thousandths of the paid house price. However, such a low liquidated damages agreement can neither make up for the buyer's losses nor bind the developer.
Second, the developer's development procedures are incomplete and the contract is invalid.
At present, developers must have complete documents before they can start building and selling houses in Gai Lou. It is illegal for a developer to buy a house with incomplete documents, and the contract signed with the buyer should be invalid. Therefore, in the purchase contract, the developer should return the house payment paid by the buyer.
3. The developer changes the design without the consent of the buyer.
In the contract signed between the purchaser and the developer, it is generally agreed that the developer must obtain the consent of the purchaser before changing the design. Otherwise, the developer will constitute a breach of contract, and the purchaser has the right to request to return a house. If the developer changes the type, orientation and area of the house without the consent of the buyer, the buyer may require the developer to return the house according to the contract; It should be noted here that after the developer notifies the purchaser of the design change in writing, if the purchaser has any objection to the design change and requests to return the house, he shall submit a written application for return the house within the agreed or statutory time limit, and keep the evidence that the developer received the written application, otherwise he will lose the right to terminate the contract and return the house, or there is no evidence to prove that he has submitted an application for return the house to the developer within the prescribed time limit. Create an unfavorable situation.
Four, the housing area error of more than 3%
If the absolute error ratio between the measured area at the time of delivery and the temporarily measured area at the time of signing exceeds 3%, the purchaser may request to return the house and return the interest; It should be noted here that if there is a contrary agreement in the contract on the handling of product errors, it shall be handled according to the contract. In practice, developers often choose to settle the area error in the contract according to the facts. This seemingly fair agreement is actually unfair. Deprived the purchaser of the right to return a house under certain conditions (the housing area error exceeds 3%), and demanded the developer to bear punitive damages.
Five, the quality of housing has seriously affected the use.
According to the new judicial interpretation: if the quality of the house seriously affects the normal living and use, the purchaser can request to return the house and ask the developer to compensate for the corresponding losses;
Six, housing mortgage or other economic disputes.
For example, developers sell one room and two halls or one room and many halls, or privately mortgage houses before and after selling houses, which makes it impossible for buyers to buy houses.