checking out is allowed by law. However, not under any circumstances, as long as the buyers are not satisfied with the commercial housing, they can return the house. If the two parties have not clearly agreed on the situation of returning the house, which can and cannot be returned, the law provides clear and specific reasons and must be handled in accordance with the provisions of the law. At the same time, the right to "return a house" is not only available to buyers, but also to sellers.
Case
Ms. Li paid all the house price in advance at one time, and bought an auction house developed by Ding Real Estate Development Company. Because she lives with her elderly parents, Ms. Li chose a three-bedroom apartment with one floor. When the house was built, Ms. Li received the notice of occupancy. However, when Ms. Li came to the delivery site, her happy mood suddenly vanished. It turns out that due to the shelter of the buildings in the south, the sun can only barely shine into the living room, and the other rooms are very dark. Thinking that she and her parents would spend the rest of their lives in a dark house, and that the house she bought with her half-life savings was so unsatisfactory, Ms. Li took the developer to court in anger and demanded to return the house and demanded compensation for economic losses after repeatedly asking the development company to return the house.
but the developer will not return a house. The reasons are as follows: First, the pre-sale contract of commercial housing signed by both parties is valid and both parties should abide by it. Second, the developer has not changed the original planning and design, which Ms. Li does not deny. Third, the building spacing between the front and rear buildings is in full compliance with relevant legal provisions and technical standards. Fourth, the two sides have not agreed to return a house in this case.
after hearing the case, the court held that Ms. Li's request for return of the house was neither valid nor in conformity with the return of the house agreed by both parties, so it was decided to reject Ms. Li's claim.
Ms. Li's losing the case tells people that there must be legal reasons for checking out, or there must be a check-out situation agreed by both parties.
both parties can agree on the situation of returning the house in the contract. The purchase of pre-sale commercial housing is a futures transaction for buyers, who expect long-term benefits. In order to successfully realize this expectation benefit, the buyer should write the expectation conditions that the developer can achieve and meet his own requirements into the contract as clearly as possible, and set the return of the house after failing to meet these requirements. In particular, it is necessary to implement every oral and written commitment of the developer into the purchase contract and its annexes and supplementary agreements. Once your expectations cannot be realized, you can request to return a house accordingly. If Ms. Li took the unacceptable shading problem and the developer's agreement in the contract as the check-out situation when concluding the purchase contract, then Ms. Li would not lose the lawsuit.
under the circumstance that both parties have not explicitly agreed to return the house, the legal reasons for returning the house are as follows: 1. If the commercial house sales contract is invalid or cancelled or dissolved, the buyer can return the house.
these contracts mainly refer to the contracts signed by the sellers to trick the buyers into signing with them by fraudulent means. For example, the seller provides false pre-sale certificate of commercial housing, conceals the fact that the pre-sale permit of commercial housing has not been obtained, the house sold has been mortgaged or sold to others, or the house has been relocated and resettled, and signs a contract for the sale of commercial housing with the buyer. The signing of these contracts is not the real intention of the buyer, so they can all be declared invalid or revoked or dissolved, and the decision to declare invalid or cancel or dissolve the commercial housing sales contract has been made by the people's court or arbitration institution. 2. Due to other faults of the seller, the buyer can return the house.
after the commercial housing sales contract is concluded, if the seller sells the house to a third person, or fails to inform the buyer to mortgage the house to a third person, the buyer can return the house. Third, due to serious quality problems, buyers can return a house.
Not all quality problems can be checked out. The quality problems mentioned here mainly have two aspects: first, the quality of the main structure of the house is unqualified; Second, other housing quality problems seriously affect the living. There are not many quality disputes due to the main structure, and a large number of disputes occur because of the quality problems of non-main structure. As long as these quality problems seriously affect the residence, the buyer can return the house. Fourth, due to the area error, the buyer can return a house.
If there is any error in the actually measured construction area or the interior construction area agreed in the contract, as long as one of them exceeds 3%, the buyer has the right to return the house. 5. For other specific reasons of the seller, the buyer can return the house.
other specific reasons refer to: the seller fails to register the ownership of the house within the time limit prescribed by law; The seller delays the delivery of the house and fails to deliver it within three months after being urged; It is stipulated in the contract that the buyer pays by loan, and the contract for the sale of commercial housing cannot be continued because the seller fails to conclude the contract for secured loan of commercial housing, and the contract can be terminated; The seller arbitrarily changes the planning and design, or the planning changes approved by the planning department or the design changes agreed by the design unit lead to changes in the structure, apartment type, spatial size and orientation of the commercial housing. In the above situation, the buyer can request to return a house.
the right to return a house is not only available to buyers, but also to sellers. For example, if the buyer delays paying the purchase price and fails to pay it within three months after being urged, the seller has the right to "return the house". For example, if it is stipulated in the contract that the buyer pays by loan, and the contract for the sale of commercial housing cannot be continued due to the buyer's failure to conclude a secured loan contract for commercial housing, and the contract can be terminated, the seller may request to "return the house".