What are the conditions for home buyers to check out
4hw.com.cn: many friends think that the house cannot be returned after the house purchase contract is signed. Because the house is also a commodity, as long as the conditions for checking out are met, the buyer can ask the developer to check out! At present, according to the legal provisions and the trial practice of the court, the conditions that can be checked out mainly include the agreed conditions and the legal conditions. The agreed conditions mainly mean that when the developer signs the contract, the buyer can return the house according to the conditions agreed in the contract. For example, if the real estate developer delays the delivery of the house beyond a certain period, the buyer can ask to return the house. According to the law, it mainly includes the following items:
1. Invalid purchase contract
According to the contract law, the direct result of invalid contract is that the property acquired by the contract should be returned. Specifically, when buying a house, the buyer means to return the house while the developer returns the house money. In practice, the common situations that lead to the invalidity of the purchase contract are as follows:
1) The developer has no right to dispose of the property
That is to say, the developers have not yet reached the requirements of selling houses. The main reasons are that the developers sell houses without pre-sale permission; At present, the ownership of the house is still controversial, and the judicial organ and the administrative organ decide to seal up or restrict the house right in other forms according to law; The land where the house is located is currently in mortgage status and cannot be sold, etc.
2) There is fraud in the developer
This mainly refers to the fact that at the beginning of the purchase, the developer made a lot of oral promises, but it didn't materialize at the time of real delivery. Although there are some buyers who request to check out for this reason, in fact, the court does not give much support, which is mainly due to the buyers' fraud intention to the developers and the difficulty in proving the fraud facts. Therefore, in order to prevent the occurrence of this situation, buyers should try their best to ask developers to implement every promise into words and sign for approval.
2. Check out due to wrong apartment type
According to the provisions of relevant laws, if your house is a pre-sale house priced according to the set (unit), when the house is actually delivered, it is found that the house type is inconsistent with the design drawings when the house is purchased, or the relevant size exceeds the agreed error range, and there is no agreement on this in the purchase contract, the buyer can ask to check out.
3. Check out due to area error
That is to say, the error between the area agreed in the contract and the area of property right registration reaches a certain proportion. If there is no specific proportion in the contract, according to the relevant provisions, when the absolute value of error ratio exceeds 3%, the buyer has the right to check out.
4. Check out due to change of planning and design
If you have already purchased the house for pre-sale, and the developer wants to change the design and planning at that time after the pre-sale, resulting in the change of the house type of the buyer, if the developer does not inform the buyer in time, then the buyer has the right to ask to check out.
5. Check out due to unqualified quality
After the commercial housing is delivered for use, if the buyer thinks that the quality of the main structure is unqualified, he may entrust the project quality inspection institution to conduct a re inspection in accordance with the relevant provisions. If the quality of the main structure is unqualified after the inspection, the buyer has the right to return the housing.
The above-mentioned five aspects are the specific circumstances in which house buyers can ask developers to check out. However, it is suggested that when signing the house purchase contract with developers, we should pay attention to the relevant matters. When the developers check out due to their fault, what kind of liability for breach of contract should the developers bear in addition to returning the house money? Only in this way can we really achieve the purpose of restricting developers.