Procedures for the Housing Authority to refund the down payment

First, the down payment and check-out process.

In real estate sales, it is not uncommon for some buyers to return their houses after paying the down payment, but whether the houses can be returned according to their wishes actually depends on the specific circumstances. If it is because the bank finds that the developer has not obtained the pre-sale permit or sold the existing house that does not have the use conditions, resulting in the failure to pass the mortgage loan, the buyer can ask the developer to refund the down payment and deposit, and ask him to pay the corresponding interest loss. If the bank refuses to approve the loan because the information provided by the buyer is untrue or the credit record is bad, the buyer shall be liable for breach of contract. Reminder: If the buyer doesn't want to buy a house, he needs to negotiate with the developer. If the developer agrees to return a house, he can return a house, but he needs to pay a certain amount of liquidated damages.

2. Can I check out after paying the down payment and signing the contract?

The developer who has paid the down payment and signed the contract can return the house if there is a legal breach of contract, such as overdue delivery of the house for more than a certain period, the quality of the house does not meet the contract standards and cannot be repaired, or the house ownership certificate cannot be obtained according to the contract. Property buyers who unilaterally breach the contract to return a house shall pay liquidated damages to the developer.

3. What should I do if I want to check out after paying the down payment?

(1) The developer lacks valid certificate and approval. According to the regulations, developers must have complete documents to sell houses in Gai Lou. If the developer's documents are incomplete, it is illegal to operate, and the sales contract signed by him is invalid. Because it is an invalid contract, the buyer should vacate the house and the developer should return the house payment paid by the buyer.

(B) housing quality problems seriously affect the use. According to the regulations, if the quality of the house seriously affects the normal living use, such as the poor indoor air quality after the house moves in, affecting the health of indoor residents, and the indoor noise affecting the living, the buyer can ask for return of the house and ask the developer to compensate for the losses.

(three) can not get the title certificate. In real life, some developers are in arrears with the government's land transfer fees, which leads to the inability of property buyers to get the property ownership certificate after purchasing these properties for many years. At this time, property buyers can request to return a house.

(4) The developer mortgages the house. If the developer mortgages the house before selling it, or mortgages the house to a third person after selling it to the buyer, according to the relevant laws and regulations, the contract is invalid without telling the buyer that the house has been mortgaged, and the buyer can demand the return of the house.

(5) Delayed delivery. Generally speaking, the time limit for delaying the delivery of the house agreed in the contract ranges from 30 days to 90 days. If the developer fails to deliver the house beyond this time limit, the buyer can ask the developer to return the house and ask for double refund of the deposit or payment of interest on the house.

(six) the developer changes the design without the consent of the buyer. If the developer changes the type, orientation, area and other related designs of the house without the consent of the buyer, the buyer may require the developer to return the house according to the contract.

(seven) the housing quality is not up to standard. It is difficult for the developer to get the completion record form, and it is impossible to hand over the house, or if the quality of the main structure of the house is verified to be unqualified, the buyer can return the house.

(eight) the quality of the foundation and main structure of commercial housing is unqualified after testing. According to the regulations, if the quality of the foundation and main structure of commercial housing fails to pass the test, the buyer can return the house, and the developer should refund all the paid house price and pay interest. The developer shall be liable for the actual losses caused to the buyer, and the testing fee shall also be borne by the developer.

(9) The housing area error exceeds 3%. According to the regulations, when the absolute error ratio of interior construction area exceeds 3%, the buyer has the right to return the house.

10) can't get the loan. If it is a provident fund loan, the developer needs to issue relevant information and submit it to the provident fund collection department for review. If there is something wrong with the information provided by the developer, if the buyer can't get the provident fund loan, he can ask to return a house. Similarly, if property buyers are unable to apply for commercial mortgage loans due to the developer's reasons, they can also return their houses according to the contract.