The netizen consulted the house and regretted buying it. Can he check out after the unveiling? The lawyer replied that you can get a refund! However, the loan relationship between the buyer and the bank is independent of the house sales relationship, so the cancellation of the house purchase contract does not mean that the loan contract is cancelled at the same time. In other words, although property buyers do not buy a house, the creditor-debtor relationship with the bank still exists, and this loan must be repaid. After the buyer returns the house, the developer will return the house payment to the buyer. However, in order to prevent the buyer from returning the loan after obtaining the refund, it will inevitably affect the interests of the developer (there is a mortgage on the returned house). The developer divides the total house payment that should be returned into two parts: the unpaid part of the bank loan is directly returned to the bank by the developer, and the down payment and the repaid loan are returned to the buyers. Check-out steps: Step 1: The buyer issues a check-out notice. Property buyers who want to return a house can ask the developer by registered mail, fax or telephone. Step 2: Go through all kinds of formalities. The developer shall return all the house payment paid by the buyer, and be responsible for all the procedures for the cancellation or termination of the contract between the buyer and the loan bank. Step 3: The developer should return the house payment. The developer should return all the purchase money to the purchaser after the purchaser issues the return notice, and go through the repayment procedures at the provident fund management institution or loan bank. Related knowledge: When can I check out? 1, delayed delivery. I agreed with the developer on the delivery time, but I haven't waited for the delivery notice. According to the relevant provisions of judicial interpretation, if the developer fails to perform within a reasonable period of three months after being urged by the purchaser, the purchaser has the right to ask the developer to return the house and return the deposit or the interest paid. 2. This contract is invalid. The reason why the contract is invalid is mostly because the developer's procedures are incomplete, and the developer must have complete documents to sell the house in Gai Lou. If the developer's documents are incomplete, it is illegal to operate, and the contract signed with the buyer is invalid. Because it is an invalid contract, the developer should return the house payment paid by the purchaser. 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 constitutes a breach of contract and the purchaser has the right 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. 4. The housing area error exceeds 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. 5. The unqualified housing quality affects the use. According to the latest judicial interpretation, due to the housing quality problems affecting the normal living use, buyers can request to return a house and ask the developer to compensate for the losses. If it is considered that the quality of the main structure is unqualified, it may entrust an engineering quality inspection agency to re-verify it in accordance with relevant regulations. 6. The property right of the house is unclear. In case of mortgage, seizure or other economic disputes. 7. There are other problems such as contract fraud. The developer mortgages the house for sale before the sale, or mortgages the house to others after it is sold to the purchaser. After the buyer finds out, he can sue to find that the purchase contract is invalid and request to return the house. In addition, the common situation that leads to the invalidation of the purchase contract is that the developer has not obtained the pre-sale permit; Without the written consent of other * * owners, the house is owned by * * *; The ownership of the house is disputed, and the judicial organ or administrative organ decides to seal up or restrict the right of the house in other forms according to law. 8. Delaying the registration of house ownership. According to the agreement in the sales contract or legal provisions, the registration of house ownership should be handled more than one year after the expiration, and it is impossible to handle the registration of house ownership due to the developer's reasons. 9. Unable to process the mortgage contract. Failing to sign a mortgage contract and apply for a mortgage loan due to reasons not attributable to both parties. 10, transfer of construction in progress. If the developer wants to transfer the project under construction, it shall notify the buyer in writing, and the buyer has the right to request to return the house within 30 days from the date of receiving the notice. In other words, although property buyers do not buy a house, the creditor-debtor relationship with the bank still exists, and this loan must be repaid. If your situation is complicated, the website also provides online consultation service for lawyers, and you are welcome to have legal consultation.

Legal objectivity:

Return a house is the right of the majority of property buyers, of course, it is allowed to be exercised, but this right is restricted by law rather than absolute and cannot be exercised at will. Now some developers engage in "no reason to return a house", which is understandable as a promotional slogan, but it is definitely illegal from a legal point of view. Because the return of the house is actually the result of the situation that the contract is deemed invalid, revoked or dissolved, and according to the provisions of the contract law, all the above situations are restricted by strict legal conditions. Article 52 of the Contract Law stipulates five situations in which a contract is invalid, and article 94 stipulates five situations in which a contract can be dissolved. Only when these conditions are met or other conditions agreed by the buyer and the developer in the contract are met can the buyer return the house, otherwise it will not work. For example, developers can return a house if they breach the contract, and they can return a house if there is a problem with the quality of the house. However, it is generally not allowed if the buyer asks to return a house just because he doesn't like the room type. The above-mentioned so-called "no reason to return a house" has no legal basis, and it will cause misunderstandings of the majority of property buyers, which is not conducive to the healthy development of the housing market. It should be noted that Article 95 of the Contract Law stipulates: "The time limit for exercising the right of rescission shall be prescribed by law or agreed by the parties. If the parties fail to exercise it at the expiration of the time limit, the right shall be extinguished". For example, the contract stipulates that if the developer fails to deliver the house within three months, the buyer has the right to return the house within 30 days. As a result, the developer has not delivered the house for four months overdue, and the buyers have not asked for it. The buyers can no longer ask for it on the grounds of overdue.