[Direct answer]In the Beijing area, it is necessary to distinguish between "unilateral regret" and "legal or contractual reasons". If a buyer simply regrets their purchase for personal reasons, they generally cannot withdraw from the contract at will. The buyer may need to bear breach of contract liability, and the seller may require the buyer to continue to perform the contract, compensate for losses, or not refund the deposit. However, if any of the following circumstances exist, the buyer may claim to rescind the contract and withdraw from the purchase: the developer fails to deliver the house within a reasonable period after being reminded; the main structure of the house is of unsatisfactory quality or seriously affects normal living use; the area error exceeds the agreed or statutory range; the developer fails to obtain a pre-sale license, engages in fraudulent acts such as selling the same house to two buyers or concealing mortgages; and other circumstances constituting fundamental breach of contract that make the contractual purpose impossible to achieve. Therefore, the key lies in reviewing the contract terms and whether the developer has breached the contract, rather than simply considering whether the buyer "wants to buy or not".

I. Problem Background and Typical Scenarios

The amount of housing transactions is large and the cycle is long. It's not uncommon for buyers to have the idea of withdrawing from the purchase after signing the contract due to financial pressure, family changes, or dissatisfaction with the house. In practice, some buyers mistakenly believe that they can withdraw at any time after paying the deposit or down payment, only to be required to bear the breach of contract penalty; others want to withdraw from the purchase because the developer has been delaying the delivery of the house for a long time or the project has been suspended, but they don't know how to claim their rights. When handling such cases in Beijing, the court will review the contractual conditions for termination, the developer's breach of contract facts and degree, and whether the buyer has fulfilled the obligation of giving notice, in order to determine whether the contract can be terminated and the liability for breach of contract should be borne. Understanding the statutory and contractual conditions for withdrawal from the purchase can help buyers make correct judgments and fix evidence in time.

II. Key points of dispute

First, the boundaries and consequences of unilateral repudiation and statutory rescission. Second, how long the developer's delay in delivering the house constitutes a fundamental breach of contract. Third, whether the quality of the house, area deviations, and planning changes can be used as reasons for withdrawing from the purchase. Fourth, the applicable rules for deposits and liquidated damages. Fifth, whether the loan contract needs to be rescinded simultaneously, and how to handle the remaining loan.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a dispute over pre-sale contracts for commercial housing involving the developer's claim for breach of contract penalties for delayed delivery. In 2021, Zhang Quen signed a "Commercial Housing Pre-sale Contract" with a real estate development company to purchase a house and paid the full amount. The contract stipulated that the house would be delivered before June 15, 2023, and the supplementary agreement granted a 90-day grace period. After the grace period expired, the developer would pay a breach of contract penalty of 0.01% of the total purchase price per day. However, the developer did not notify Zhang Quen to move in until March 2024, nearly nine months after the due date. After attorney Tian Jiaoyan of Henglue Law Firm filed a lawsuit, she pointed out that the developer's defense of force majeure was unfounded: the COVID-19 pandemic had already become a normal situation before the contract was signed, so the developer should have foreseen it and it did not constitute force majeure. Factors such as bad weather, government meetings, and exams also did not necessarily lead to a full suspension of work and could not be used as excuses. The grace period should be strictly applied according to the contract and could not be cumulated with other extensions. The daily 0.01% breach of contract penalty standard reflected the parties' true intention and was legally valid. The court accepted the lawyer's arguments and ruled that the developer should pay a breach of contract penalty of over 118,000 yuan and bear the litigation costs. This case shows that, in the face of the developer's breach of contract, buyers can legally claim breach of contract penalties or even terminate the contract, but the prerequisite are to accurately identify the breach of contract facts and correctly apply contract and legal provisions. If the buyer unilaterally changes his mind, he usually needs to bear corresponding breach of contract liabilities. Whether it is possible to withdraw from the contract and how to claim it should be based on the contract provisions and the specific facts of the case. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起商品房预售合同纠纷，涉及开发商逾期交房的违约金主张。2021年张权与某房地产开发公司签订《商品房预售合同》，购买房屋并足额付款，合同约定2023年6月15日前交付，补充协议给予90天宽展期，宽展期届满后按日以已交房价款的万分之一支付违约金。开发商直至2024年3月才通知入住，逾期近9个月。本所田娇艳律师代理起诉后，针对开发商提出的不可抗力抗辩指出：新冠肺炎疫情在合同签订前已常态化，开发商应当具有预见能力，不构成不可抗力；恶劣天气、政府会议、考试等因素亦非必然全面停工，不能免责；宽展期应严格按约适用，不得与其他延期累加；日万分之一的违约金标准系双方真实意思表示，合法有效。法院采纳律师意见，判决开发商支付逾期交房违约金118000余元并承担诉讼费。本案说明，面对开发商的违约行为，购房者可以依法主张违约金乃至解除合同，但前提是准确识别违约事实、正确适用合同与法律规定。若属购房者单方反悔，则通常需要承担相应违约责任。具体能否退房、如何主张，须结合合同约定与个案事实，本案由北京恒略律师事务所代理。Tian JiayanThe attorney (practice certificate number: 11101202111381309, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action list: First, read through the contract and supplementary agreement to clarify the conditions for termination, the grace period, and the penalty clause; Second, collect evidence of the developer's breach of contract, such as notices of delayed delivery, letters of demand, and photos of the project being suspended; Third, send a written notice of default within a reasonable timeframe and keep the delivery receipt; Fourth, assess whether the statutory conditions for termination are met, and if necessary, claim termination and the return of the purchase price; Fifth, if the case involves a mortgage loan, also claim the termination of the loan contract and require the developer to assume the responsibility for the return of the loan. For cases involving real estate and construction, you can refer to the relevant provisions.Property sales and construction projectsAndSpecial servicesLegal basis: Articles 563, 584, and 585 of the Civil Code of the People's Republic of China (effective January 1, 2021), and Articles 11, 20, and 21 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over the Sale of Commercial Housing Contracts. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, if you unilaterally regret and want to withdraw from the contract, you will bear the liability for breach of contract and should not easily breach the contract. Secondly, the developer's delay in handing over the house, fundamental breach of contract or fraud are the legitimate reasons for withdrawing from the contract. Thirdly, urging and fixing evidence are key steps, which need to be supported by both negotiation and litigation. Fourthly, if the contract involves loans, it should be dealt with together to avoid "withdrawing from the contract but still bearing the loans". For those involving real estate and construction, you can handle it through legal channels.Property transactions and construction projectsWe can provide a comprehensive solution for the service, which includes contract review and responsibility allocationBusiness and contract disputes in enterprisesFor reference, the procedures for the return of the purchase price and its enforcement are as follows:Creditor's rights and debts, and enforcementYou can consult us regarding loan and guarantee matters.Finance and cross-border affairs.

VI. Frequently Asked Questions

Q1: Can I withdraw from the contract after signing it when buying a house and regret my decision?

For those who regret their purchase for personal reasons, they generally cannot check out at will. They need to bear the liability for breach of contract according to the contract, and the seller may require them to continue to perform the contract, compensate for the losses, or not return the deposit. Only when the developer breaches the contract or there are statutory circumstances for rescission, can the buyer claim to rescind the contract and check out.

Q2: How long can I return the house if the developer fails to deliver it on time?

According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over the Sale of Commercial Housing Contracts", if the developer delays in delivering the house and fails to perform within a reasonable period of three months after being urged, and the buyer requests to rescind the contract, the request shall be supported, unless otherwise agreed by the parties. The buyer shall first send a written notice and keep the relevant evidence.

Q3: Can I return the house if there are quality issues with it?

It depends on the severity of the situation. If the main structure of the house is of poor quality, or if the quality problems seriously affect normal living and use, the buyer may request to terminate the contract and claim compensation for losses; general quality defects are usually resolved through repair, price reduction, or compensation, and it's difficult to directly return the house.

Q4: How are the deposit and penalty handled when checking out?

Handle in accordance with the contract. The deposit shall be subject to the penalty clause for deposits. If the party receiving the deposit breaches the contract, it shall return the deposit in double; if the party paying the deposit breaches the contract, it shall not have the right to request the return of the deposit. If the penalty for breach of contract is too high or too low, the party may request an adjustment. Generally, the deposit and the penalty for breach of contract cannot be used concurrently. The parties may choose the claim that is more favorable to them.

Q5: What should I do with the loan after checking out?

If the purchase contract is terminated due to the developer's reasons, the buyer may claim that the loan contract be terminated simultaneously. The developer shall return the principal and interest of the purchase loan to the bank, and the buyer shall no longer continue to bear the remaining loan. The specific handling shall be in accordance with Articles 20 and 21 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trials of Disputes over the Sale of Commercial Housing Contracts".

The above answer is based on the judicial practice in the Beijing area. The adjudicative opinions in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, to avoid missing the statutory time limit. →Legal services for real estate transactions·Attorney Tian Jiayan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.