Nowadays, house prices remain high. It can be said that it is necessary to give the strength of the whole family to buy a house. No one wants to work hard to save half a lifetime's money. When he bought a house, there was a problem. Finally, he was forced to check out. If this happens, what should buyers do to protect their rights and interests? Under what circumstances can developers be asked to check out?
1、 The developer lacks' certificate ', resulting in the invalidity of the contract
Developers in the pre-sale must have 'five certificates' complete, that is, developers must have complete certificates to build and sell houses. If the developer's certificate is incomplete, it is an illegal operation. Of course, the contract signed between everyone and the developer at this time is an invalid contract.
2、 The developer changes the design without the consent of the buyer
If the developer changes the house type, orientation, area and other relevant designs without the consent of the buyer, and the house quality will be seriously affected. In this case, the buyer can also require the developer to compensate for the loss or check out according to the contract.
3、 Can't get the property right certificate
Due to the reasons of the developer, the buyer cannot get the property right certificate within the time agreed in the contract. If it is agreed that this situation can be checked out, the buyer can ask to check out.
4、 Late delivery of house
In the real estate management law, it is clearly stipulated that if the developer delays in delivering the house for more than a certain period, the buyer can ask the developer to terminate the contract and return the house. In addition, the developer should return the building price and interest, double the deposit, compensate for losses, etc. Of course, buyers do not have to check out, or they can only investigate the developer's liability for breach of contract, for which buyers have the right to choose. If the developer fails to deliver the house within the time limit specified in the contract, the buyer cannot return the house in this case and can only ask the developer to bear the liability for breach of contract.
5、 The quality of the house has seriously affected the use
If the housing quality problem seriously affects the normal living use of residents (poor air quality in the house due to early construction), the buyer requests to check out and ask the developer to compensate for the loss.
6、 The error of house area exceeds 3%
When delivering the house, it is found that the absolute value of the error ratio between the measured area of the house and the temporarily measured area at the time of signing the contract exceeds 3%. If the buyer requests to return the house and claim the interest, the court will judge the buyer in favor.
7、 The developer mortgaged the house
If the developer mortgages the sold house before selling the house, or after selling it to the buyer, he mortgages the house to others. After the buyer finds out, he can ask to return the house.
Sometimes we need to buy a house through a loan. If there is a provident fund in the way of loan, we will first choose the provident fund. If the information provided by the developer shows that it does not meet the conditions of provident fund loan, so that the buyer can't obtain the provident fund loan, the buyer can ask to check out.