-
1. To find out the ownership of the house, you must go through legal legal consultation to determine your own property ownership. Buyers should go to the administrative department for industry and commerce to check whether the commercial housing development enterprise has published it in accordance with legal procedures; If it has been legally published, the buyer can go to the housing management department to request the processing of the real estate certificate with the certificate of legal publication of the developer issued by the industrial and commercial department, as well as the original commercial housing sales contract, personal ID card and other materials. 2. If the purchased real estate is only "unfinished", you can try to give the developer a little time, if it can raise funds in a short period of time and complete the follow-up project, the loss of the buyer can be minimized.
If the developer goes bankrupt due to insolvency, the house cannot be returned to the developer. Because after checking out, the buyer cannot get the purchase price, and can only get a receipt or IOU. The relationship between home buyers and developers will change from a buyer-seller relationship to a creditor-debtor relationship.
If a developer eventually becomes insolvent and has to declare bankruptcy, its assets will be auctioned off by the court, and consumers are more likely to receive compensation from developers than ordinary creditors under the bankruptcy law. If it is decided to appeal, the owners must also jointly defend their rights.
-
OK.
In most cases, unfinished buildings refer to projects that have not yet been completed and have been suspended, some buyers are lucky, the house has been capped, and there are some small details that have not been dealt with well, and the conditions for delivery cannot be met, but the house can still be occupied.
If there is no new developer to take over, the buyer will lose money, and the buyer can apply to check out of the unfinished building.
-
In this case, you can only wait for ** to intervene, and the developer must have run away. If you buy a house in the future, you must buy a house from a big developer, and the 5 certificates must be complete, otherwise there is a great risk, I hope to help you.
-
I can only wait for the same as buying **, I hope there will be a day when it will pick up, and some will come forward to deal with it.
-
What should I do if the house I bought is unfinished? Don't be in a hurry to pull the banner to the sales department, the most important thing is to recover the loss first.
-
Generally, ** will intervene in the later stage to take over.
-
You can do this when you buy a house that is unfinished:
1. After the purchased house is unfinished, the owner can protect his rights through the following ways:
1) Apply for suspension of mortgage repayment.
The owner can apply for a suspension of mortgage repayment by applying to the bank, seeking help from **, suing the court, etc.
2) Find out the property rights of the house.
According to the different ways of buying a house, it can be divided into two situations: buying a house with a mortgage loan and buying a house with installments to the seller, which will have different effects on the ownership of the house. Due to the lack of hailstorms, buyers should first seek professional legal advice to find out their property ownership.
Because the property rights of unfinished buildings are especially important to buyers.
If the house is mortgaged, it is recommended to consult a professional lawyer to find out the mortgage period and how to release the mortgage. In addition, if the property has not been completed at the time of the bankruptcy declaration, it will result in a situation where the developer is unable to defend the buyer's responsibilities; If the house has been completed after the developer goes bankrupt, the buyer can apply to the housing management department for the real estate certificate and real estate certificate in accordance with the procedures.
3) The initiation of class action lawsuits should be united.
When figuring out the ownership of the property and deciding to sue the developer, the homebuyer should work together with the many homebuyers to avoid a situation where some people are compensated and some are not. As the saying goes, everyone gathers firewood and the flame is high, and the owners speak with one voice and work hard in one direction, and the momentum and formation alone attract more attention than a single business.
In addition, in the process of rights protection, it is necessary to hire a professional lawyer, because whether it is to negotiate with the developer or coordinate assets with **, banks, construction parties, etc., real estate lawyers need rich experience in handling cases to achieve rights protection.
Legal basis:
Civil Code of the People's Republic of China
Article 678 [Loan Extension] The borrower may apply to the lender for an extension before the expiration of the repayment period; If the lender agrees, it can be extended.
Civil Procedure Law of the People's Republic of China
Article 3: The provisions of this Law apply to people's courts' acceptance of civil litigation raised between citizens, legal persons, other organizations, and between them on the basis of property and personal relationships.
-
The developer goes bankrupt and the house is unfinished, and the owner's solution is as follows:
Step 1. Communicate with the bank first to see if you can apply to the bank to suspend interest and hang the account, and see if you can temporarily not repay the mortgage.
Step 2. Clarify the ownership of property rights: Since there are relatively few buyers who buy real estate with a one-time payment, most of them are mortgages or installments, therefore, the ** purchased by Wufan has become an unfinished building, and there is a problem of property ownership, therefore, we must protect our legitimate rights and interests through legal channels.
Step 3. Apply to the court for property preservation.
Step 4. Legal proceedings: The joint owner hired a lawyer to sue the real estate developer for breach of contract, and once he won the lawsuit, he applied for enforcement.
-
Legal analysis
1. Clarify the ownership of property rights 2. Joint negotiation and rights protection 3. Trust**: Regarding unfinished buildings, ** will interfere according to different conditions and different methods. Unfinished buildings refer to real estate projects that have gone through land use and planning procedures, but have been suspended for more than one year after the project starts because the developer is unable to continue to invest in construction or falls into debt disputes.
Legal basis:
Guarantee Law of the People's Republic of China
Article 119:After one party breaches the contract, the other party shall take appropriate measures to prevent the expansion of losses; Where failure to take appropriate measures results in an increase in losses, no compensation shall be sought for the increased losses.
The reasonable expenses incurred by the parties in preventing the expansion of losses shall be borne by the breaching party.
Article 120: Where both parties breach the contract, they shall each bear corresponding responsibility.
Article 121: Where one of the parties causes a breach of contract due to reasons attributable to a third party, it shall bear liability for the breach of contract to the other party. Disputes between one of the parties and a third party shall be resolved in accordance with the provisions of law or in accordance with the agreement.
Article 122:Where the rights and interests of the other party's person or property are infringed upon as a result of a party's breach of contract, the injured party has the right to choose to require it to bear liability for breach of contract in accordance with this Law or to require it to bear tort liability in accordance with other laws.
-
Unfinished buildings are usually auctioned at the end. If the developer gets into a financial dispute and the insolvent house has a tendency to be unfinished, then the developer's finances will be auctioned. After that, the buyer and the creditor will be compensated accordingly.
Other ways to deal with itUnfinished buildings generally end up asking for ** support. Local** will intervene in different ways depending on the situation. Term: The enterprise raises funds or introduces partners.
The premise is that the project was developed legally.
Unfinished buildings generally end up with compensation. Encounter the situation of unfinished buildings. The owners should work together to sue the developer in court. In order to obtain compensation. Remember that the owners must work together. The law will protect our legitimate rights and interests.
Buyers are advised not to terminate the purchase contract lightly, but to wait for the developer to hand over the property. According to the laws of China, after the consumer has paid all or most of the payment, he has the right to demand the developer to hand over the house, and the rights of the mortgagee and the builder shall not oppose the consumer's right. If the consumer does not terminate the purchase contract, the consumer can ask the developer to deliver the house to him when the house meets the conditions for delivery.
It's not that bigger is better... First of all, it depends on whether you have sufficient funds, and secondly, it depends on how many people you add... If you add a family of 3, and the funds are sufficient, it is recommended that you buy about 120 square meters, not too big, not too small... It's too big, and you'll feel like the whole house is empty, and when it's small, it's depressing. So 120 square meters is just right... This is my personal opinion... The most important thing is to see what you like... It doesn't matter if it's bigger if you like it...
1. Low cost.
The requirements of the modern small family for a home are not only affordable, but also affordable. This includes not only the purchase costs in the early stage, such as the purchase price, deed tax, maintenance, etc., but also the operating costs of the later residence, such as heating costs, property fees, etc. >>>More
It is possible to buy a house without a title deed.
There are a lot of risks associated with buying this kind of house. For example, the property rights are not clear, and the behavior of selling more than one house. It is very troublesome to encounter such a situation. >>>More
Is a 40-year house ownership a house ownership or a land use right? What we generally call 40-year property rights actually means that the land use period of the building is 40 years. The 40 years mentioned here refers to the 40 years after the developer acquires the land, so can I buy a house with 40 years of ownership? >>>More
Hello! If you want to know what to do after the expiration of the property rights of the house, you must first understand the housing system in our country, and the land and the houses on the land have different ownership. Generally speaking, the property right of the house is composed of two parts: the ownership of the house and the right to use the land, the ownership of the house belongs to the individual property rights, is a kind of private property rights, protected by China's "Property Law", its term is permanent, as long as the property is not completely damaged and lost, it can always be enjoyed, "there is no time limit registration column in the real estate certificate", because according to the Constitution of our country, the ownership of the land belongs to the state and the collective, so the land use right is a right of use transferred by the state to organizations, institutions and individuals, That is to say, the ownership of the house is forever, as long as the house does not collapse, the house has always been the property owner, but the land belongs to the state. >>>More