For some irregular operations during the house buying and selling process, as well as problems faced by developers in terms of funding and project progress, there are frequent occurrences of returning houses. According to relevant laws, currently there are eight situations where buyers can return their purchased houses.
1. Delayed delivery of the house
If it exceeds 3 months and the developer still cannot deliver the house, the buyer can request the developer to return the house and require double return of the deposit or payment of interest on the house price.
2. Developer lacks "certificates", leading to invalid contracts
Currently, developers must have all necessary certificates to build and sell houses. If the developer does not have complete certificates, it is considered illegal operation, and the contract signed with the buyer is an invalid contract.
3. Developer changes design without buyer's consent
In cases where the developer changes the house type, orientation, area, and other relevant designs without the buyer's consent, the buyer can request the developer to return the house according to the contract agreement.
4. Unable to obtain a loan
If the information provided by the developer shows that it does not meet the conditions for provident fund loans, and the buyer therefore cannot obtain a provident fund loan, the buyer can request a return of the house.
5. Unable to obtain property certificate
Due to the developer's reasons, if the buyer cannot obtain the property certificate within the time limit stipulated in the contract, and if this condition is agreed upon as a reason for returning the house, the buyer can request a return of the house.
6. House area error exceeds 3%
If the absolute value of the error ratio between the actual measured area of the house at delivery and the provisional measured area at signing exceeds 3%, and the buyer requests a return of the house and compensation for interest, the court will rule in favor of the buyer.
7. House quality severely affects usage
According to the latest judicial interpretation, if house quality issues severely affect normal living use (due to early construction reasons resulting in poor indoor air quality), the buyer can request a return of the house and demand compensation from the developer for losses.
8. Developer mortgages the house
If the developer has mortgaged the house being sold before selling it, or after selling it to the buyer, mortgages it to others, the buyer can request a return of the house upon discovering this.
Reference: http://www.gzxlawyer.com/NewsView.asp?id=135