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Will there be liquidated damages for check-out? What circumstances do not require liquidated damages

Buying a house is not as simple as buying and selling small goods. Housing sales involve more funds and the transaction process is more complex, so everyone will be particularly cautious when choosing a house. However, some friends often lack experience, are careless when choosing a house, do not choose a house according to their own needs, and regret after buying a house often occurs, Will there be liquidated damages for checking out? What circumstances do not require liquidated damages?

Do you need liquidated damages for checking out?

If buyers want to check out, they should also pay attention to whether their check-out request is reasonable. According to the contract law, only when one party has a major breach of contract, the other party has the right to terminate the contract, require it to return the pre-sale house purchase money and interest paid, and pay liquidated damages. Therefore, if the buyer's supervisor wants to check out, that is, the buyer has breached the contract and needs to pay liquidated damages according to the provisions of the contract.

Under what circumstances do you not need liquidated damages?

1. Developer default

The developer is the seller. If the seller breaches the contract, the responsibility does not lie with the buyer. The developer breaches the contract, including delaying the delivery of the house and failing to perform the obligations specified in the contract. The buyer needs to retain the evidence of the developer's breach of contract and propose to the developer to terminate the contract. Article 94 of the contract stipulates that the developer fails to perform the delivery obligations within a reasonable period of three months after being urged by the buyer, The buyer has the right to check out without paying liquidated damages, unless otherwise agreed in the contract.

2. The developer changes the house planning and design without authorization

When we decide to buy a house, we focus on the rationality of its planning and design, which is more advantageous than other houses. However, if the buyer finds that the planning or design of the house delivered by the developer has changed, such as the change of house structure, the change of house use, etc., if the developer does not inform the buyer of the change, Then the buyer has the right to terminate the contract without paying liquidated damages.

3. The developer has no qualification to sell the house

For future housing projects, developers can only sell to pre sellers after obtaining the 'pre-sale license'. If developers sell the house without the 'pre-sale license', it is an illegal operation, and the contract signed with the buyer is an invalid contract. Buyers can check out unconditionally and do not need to pay liquidated damages. If the developer does not return, he can complain to the housing and Urban Rural Development Commission.

4. Major housing problems

Article 13 of the judicial interpretation stipulates that "if the normal residential use is seriously affected by the quality of the house, the buyer shall give support if he requests to terminate the contract and compensate for the losses." Major problems occur in the house, such as inclination of stairs, wall cracking, leakage, serious impact on normal living, unqualified main structure and so on. In this case, check-out buyers do not need to pay liquidated damages.

5. The error of house area exceeds 3%

If the absolute value of the error ratio between the measured area of the house at the time of delivery and the temporarily measured area at the time of signing the contract exceeds 3%, the buyer can request to return the house and claim interest. If the contract does not stipulate the treatment method or the treatment method is not clear, the buyer has the right to terminate the contract, and the developer shall return the paid house purchase money and the interest generated during the effectiveness of the contract. This situation is common in forward house projects.

The above is about whether or not liquidated damages are required for check-out and under what circumstances. For friends who have received a house, they should also pay attention to the depreciation fee when checking out. However, if the developer is responsible for checking out, the buyer can not compensate the depreciation fee of the house, but if the buyer wants to check out for subjective reasons, It depends on how buyers negotiate with developers.