What should buyers pay attention to when checking out?
1. If you pay special attention to the liability for breach of contract, you can sign a supplementary agreement to return the house.
Although there are laws and regulations related to return a house, there are not many specific provisions in the purchase contract. In order to reduce risks, developers often agree on some circumvention clauses. For example, in order to avoid late delivery, developers usually agree on lower delivery conditions in commercial housing sales contracts.
When signing a house purchase contract, we must pay attention to the liability for breach of contract and see if there is any relevant agreement to return a house. For example, in the case of substandard housing quality, what kind of responsibility should developers bear? If there is no relevant agreement, you can choose to negotiate with the developer to sign a supplementary agreement. Most of the format texts printed by developers will focus on their own interests and evade the rights of buyers. However, according to the laws of our country, if similar situations violate the law, the relevant provisions are invalid.
2, need to submit relevant evidence to buy a house should pay attention to all aspects of collection.
Although China's "Civil Code" and related judicial interpretations have made relevant provisions on the conditions of return, in practice, consumers may face the problem of difficulty in proof. He said, for example, if there are quality problems after the delivery of the house, if you want to check out, you need to submit a quality appraisal report issued by the quality supervision department; If the property buyers or their immediate family members suffer from serious diseases, they need to submit relevant certificates from public hospitals above Grade II if they want to check out.
Property buyers should consider these issues in advance in all aspects, and collect and save relevant evidence and materials in all aspects in advance. In addition, consumers should examine the developer's qualification, credit system, property quality, etc. at the beginning of buying a house, and consider some possible risks in the later period to judge whether to buy.
3. Negotiation or negotiation takes longer than litigation. If the negotiation fails, the prosecution should be accelerated.
Relevant persons of the Construction Committee said that the situation of buying a house and returning a house is really complicated, and whether it can be returned or not sometimes depends to a great extent on the results of negotiation between developers and buyers. But in practice, due to various reasons, the check-out process may not be so neat.
Some property buyers may be reluctant to resort to the law when they encounter problems related to return a house, and they habitually think that it is more troublesome to go to court. However, as far as some check-out problems he has dealt with in recent years are concerned, in the case of sufficient evidence, sometimes prosecution is more conducive to solving the problem than negotiation with developers, and it takes less time. Therefore, if the negotiation fails, the prosecution can be accelerated.
Don't forget to refund the premium and penalty interest.
When buyers apply for mortgage loans, some banks will require buyers to purchase related insurance products. If the insured requests to terminate the contract, the insurer may collect the insurance premium from the date of commencement of insurance liability to the date of termination of the contract, and return the rest to the insured. In addition, laws and regulations clearly stipulate that developers should return interest to compensate for losses in some return cases, and buyers should not ignore this.