10, the law stipulates that buyers can return a house.
Judging from the current legal provisions and court trial practice, in addition to the agreed check-out conditions, there are mainly the following 10 reasons for check-out:
1, the delivery of the house is delayed for more than a certain period.
Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts stipulates that if the developer fails to deliver the house according to the delivery date agreed by the developer and the buyer, and the developer still fails to deliver the house within three months after being urged, the buyer may ask the developer to return the house.
2. The developer lacks the certificate.
According to Article 45 of the Urban Real Estate Management Law and Article 9 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Commercial Housing Sales Contract Disputes, developers must have complete licenses before they can sell houses in Gai Lou. If the developer's documents are incomplete, which is illegal operation, especially if the developer has not obtained the pre-sale permit of commercial housing, the buyer can ask the developer to return the house.
3. The developer changes the design without the consent of the buyer.
According to Article 24 of the Measures for the Administration of Commercial Housing Sales, if the developer changes the type, structure, orientation and area of the house without the consent of the buyer, the buyer may ask the developer to return the house.
4. Unable to obtain loans for reasons other than property buyers.
According to Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, if the information provided by the developer does not meet the conditions of secured loans, the buyer cannot obtain secured loans, and the buyer may ask the developer to return the house.
5, can't get the title certificate.
According to Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, if the buyer cannot obtain the property ownership certificate within the time limit agreed in the contract due to the developer's reasons, the buyer may request to return the house. In addition, due to the developer's default on the government land transfer fee and other issues, buyers who purchase these properties can't get the property title certificate after staying for many years, and buyers can also request to return a house.
6. The housing area error exceeds 3%
According to Article 14 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Contracts, 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 buyer may request to return the house.
7. The house quality is unqualified.
According to Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, if the quality of the main structure of the house is really unqualified after delivery, the buyer may terminate the contract and request to return the house.
8. The housing quality has seriously affected the residential use.
According to Article 13 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, as the quality of houses seriously affects the normal living and use, buyers can request to return the house and ask the developers to compensate for the losses.
9. The developer mortgages or sells the house to a third person.
According to Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, after the conclusion of the commercial housing sales contract, the developer fails to inform the buyer to mortgage the house to a third party, or mortgages the house to others after selling it to the buyer. After the buyer finds out, he can ask to check out.
Article 9 stipulates that the developer intentionally conceals that the house sold has been mortgaged before the sale, or that the house sold has been sold to a third person, or conceals the fact that the house sold is a compensation and resettlement house for demolition.
10. Developers use fraudulent means to induce buyers to sign housing sales contracts with them. If the contract is invalid, they can ask to check out.
According to the law, one party enters into a contract by means of fraud or coercion, which harms the interests of the state; Malicious collusion, harming the interests of the state, the collective or the third party; Cover up illegal purposes in a legal form; Harm the public interest; Violation of mandatory provisions of laws and administrative regulations. Check-out in these cases can be supported by the court.
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