In the process of buying a house, it is inevitable to encounter the situation of checking out, if the buyer has paid the full amount for the house, but has not made an online signature for the record, then it is possible to apply for check-out. Liquidated damages may be incurred.
If you pay in full, you can check out without signing online. If the buyer does not sign the contract online and does not sign a paper contract to buy a house, there will not be much loss in applying for check-out. If you have not signed the contract online, but you have signed a paper contract to buy a house, it depends on how the agreement you signed is agreed, and you need to perform according to the agreement.
If you can't apply for an online contract because of the developer, but sell the house to someone else and apply for an online contract. Then the buyer can apply to move out, ask the developer to terminate the purchase contract, and ask the developer to return the purchase price and interest to compensate for the loss.
According to the regulations, the contract for the sale and purchase of a house that has not been signed online is still valid. Filing is not a legal obligation that the buyer must fulfill, but the competent housing authority has made administrative provisions for real estate developers without affecting the validity of the commercial housing sales contract.
What are the circumstances of buying a house and checking out?
1. The purchase contract is invalid and leads to check-out.
If the developer's sales behavior violates the mandatory provisions of laws and administrative regulations, such as the developer has mortgaged the land but has not notified the buyer, the developer has not obtained a pre-sale license, etc., according to the law, the purchase contract is invalid, and the buyer has the right to move out.
2. Revoke the purchase contract in accordance with the law, resulting in check-out.
The buyer has the right to request the people's court or arbitration institution to modify or revoke the contract if the contract is entered into by the buyer due to a material misunderstanding, or if the contract is obviously unfair at the time of conclusion, or if the developer uses fraud, coercion or taking advantage of the danger of others. But more often than not, it is difficult for buyers to use this as a reason to move out.
3. Check-out is caused by the deviation of the set type.
If the set type is inconsistent with the design drawings at the time of delivery, and the relevant dimensions exceed the agreed error range, and the treatment method is not agreed in the contract, the buyer has the right to move out. This situation applies to pre-purchased homes that are priced per unit.
4. It is the check-out caused by the area error.
If the actual measured floor area or the error with the contracted floor area exceeds 3% of the square root, the buyer has the right to move out.
5. Changes in planning and construction lead to check-out.
If the developer fails to notify the buyer in writing within 10 days from the date of establishment of the change, the buyer shall have the right to vacate if the developer fails to notify the buyer in writing within 10 days from the date of establishment of the change, resulting in changes in the structural form, room type, space size and direction of the commercial housing, as well as other circumstances affecting the quality or use function of the commercial housing as agreed by the parties to the contract.
6. The quality of the main structure of the house is unqualified, resulting in check-out.
The main structure refers to the load-bearing walls, beams, columns, etc., if the foundation settlement exceeds the allowable deformation value, the deformation of the concrete structural components, the clearance, the strength and stiffness of the masonry structure are insufficient, and the quality of the main structure is unqualified after verification by the engineering quality inspection agency, the buyer has the right to check out. Of course, for the quality problems of general doors, windows, walls, etc., unless there are clear regulations between the parties, the buyer has no right to check out.
Buying a house