How to deal with the unfinished real estate and how to deal with the unfinished house

Since there are relatively few buyers who buy real estate with a one-time payment, most of them are mortgages or installments, therefore, the purchase of ** has become an unfinished building, there is a problem of property ownership, therefore, we must go through legal channels to protect their legitimate rights and interests. First of all, if it is only the developer's funds that are broken, give the developer a little time, if the developer can raise funds in a short time and complete the follow-up project, the unfinished house can be resurrected. Secondly, if the developer goes bankrupt and the building is unfinished, the house cannot be returned to the developer.

Because after checking out, the buyer 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. The creditor-debtor relationship has a lower priority than the consumer relationship in the subsequent auction bankruptcy and debt repayment sequence of the court.

Finally, after the developer goes bankrupt, the buyer can still apply to the housing management department for the property ownership certificate in accordance with the procedure.

First of all, if the purchased property is only "unfinished", you can try to give the developer a little time, if it can raise funds in a short period of time to complete the follow-up works, the buyer's loss can be minimized. Secondly, if the developer goes bankrupt due to insolvency, and encounters a "bad finish" crisis, 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 relationship of buying and selling to a relationship of creditor's rights and debts. If the developer eventually becomes insolvent and has to declare bankruptcy and its assets are auctioned off by the court, the consumer is more likely to receive compensation from the developer than the general creditor (especially if the consumer has already obtained the property title through the pre-purchase) according to the bankruptcy law's pre-payment rules. In addition, if the decision is made to sue the developer, the owners must also work together.

If other owners win their lawsuits and get compensation, while others don't sue in time because they wait for the developer to complete the case, they may end up not getting compensation.

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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.

If the house is unfinished, you can ask the engineering team that built the house for you to return a part of the money to you, so as to avoid your loss as much as possible, and then you can find a more reliable renovation team to rebuild the house for you.

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The method is as follows: 1. The buyer checks whether the house is registered or not: For the buyer, you can first go to the industrial and commercial bureau to check whether the house is registered, and then bring the relevant documents and the original sales contract to the housing authority to apply for the real estate certificate.

2. The developer completes the construction of the project: For the developer, the construction of the project should be completed as much as possible, and if it cannot continue, it can apply for bankruptcy, bidding and other ways to change hands, and then wait for the receiver to deal with various payments. 3. The buyer clarifies the condition of the house

It should be noted here that after the buyer finds out that the project is unfinished, do not be anxious, you can inquire about the situation first, and do not return the house. Because at this time, the developer does not have enough money to repay the buyer, and at this time, it can only get a receipt, and the relationship becomes a debt relationship. However, in the future, when various payments are disposed of, the consumption money will be processed first, and the debt payment will be disposed of first.

4. Make a choice for rights protection: After the owner finds that his real estate is unfinished, whether checking out is the best choice for rights protection depends on different situations. If the developer still has funds in his account, or can have his own way to pay for the house, the owner files a lawsuit with the court to ask for the property to move out, and then takes the money from the developer or applies to the court to enforce the payment and leave, the owner's rights and interests can be satisfied to a large extent.

First of all, it is necessary to find out the reason why the house is unfinished, whether it is because the developer's capital chain is broken, or because the developer violates the rules, or the developer has a major emergency, or the quality of the built house is not up to standard.

If the house is unfinished due to the developer's violations, sudden major incidents and other reasons, you can report to the relevant departments through legal and reasonable channels, seek ** intervention, urge the developer to rectify, and protect the rights and interests of home buyers.

If the house is unfinished due to the rupture of the developer's capital chain and other reasons, and the developer cannot perform the contract, the buyer can negotiate with the developer to solve the problem first, and if the negotiation fails, he can apply to the court for housing preservation, and then sue the developer.

At this time, the priority of compensation is obtained, and if the bankruptcy liquidation is carried out later, the liquidated money will be repaid to the creditors who have the priority of compensation. If there is no early prosecution, after the developer enters the bankruptcy liquidation procedure, the buyer shall declare the creditor's rights in a timely manner, and the money from the bankruptcy liquidation shall be repaid in accordance with the repayment order stipulated in the Company Law and the Enterprise Bankruptcy Law.

With regard to housing loans, Article 20 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commodity Housing Sales Contracts stipulates that if the purpose of the commercial housing secured loan contract cannot be achieved because the commercial housing sales contract is confirmed to be invalid, revoked or dissolved, and the party concerned requests to terminate the commercial housing secured loan contract, it shall be supported.

Therefore, if the house is unfinished due to the developer's reasons and the house sale contract cannot be performed, the buyer can file a lawsuit with the court to request the cancellation of the commercial housing guarantee loan contract.

The above content reference.

In the event that the purchased real estate is unfinished, then we must take measures in time and cannot delay it all the time. For the buyer, it is necessary to file a lawsuit as soon as possible, exercise the buyer's priority right to be repaid as soon as possible, and enjoy the priority right of repayment of basic claims as a buyer. If the buyer wants to terminate the purchase contract, then he must file a lawsuit as soon as possible to terminate the contract on the grounds that the developer's failure to deliver the property is a serious breach of contract.

If the buyer is interested in the prospect of the property and wants to continue to perform the purchase contract, then he can negotiate with multiple parties and apply for bankruptcy reorganization of the developer or ask a new developer to take over and continue to build the house.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts

Article 11: In accordance with the provisions of Article 563 of the Civil Code, where the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

If the law does not provide or the parties have not agreed, a reasonable period of time for exercising the right of rescission shall be three months after being urged by the other party. If the other party does not demand, the person who has the right of rescission shall exercise it within one year from the date on which he knows or should know the reasons for rescission. If it is not exercised within the time limit, the right of rescission shall be extinguished.

Article 12 Where a party requests a reduction on the grounds that the agreed liquidated damages are too high, the liquidated damages shall be appropriately reduced on the basis that the liquidated damages exceed 30 percent of the losses caused; Where a party requests an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined on the basis of the losses caused by the breach of contract.

Article 13 The contract for the sale and purchase of commercial housing does not stipulate the amount of liquidated damages or the method of calculating the amount of compensation for losses, and the amount of liquidated damages or compensation for losses may be determined by reference to the following standards: If the payment is overdue, it shall be calculated according to the total amount of the unpaid purchase price and the standard for financial institutions to collect interest on overdue loans stipulated by the People's Bank of China.

If the house is delivered for use within the time limit, it shall be determined in accordance with the rent standard for the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.

Article 20 If the purpose of the commercial housing guarantee loan contract cannot be realized because the contract for the sale and purchase of commercial housing is confirmed to be invalid or revoked or dissolved, and the parties request to terminate the loan contract for commercial housing, it shall be supported.

If only a deposit agreement is signed (such as a deposit payment letter, a house subscription letter, etc.), before signing a formal house sale and purchase contract according to the deposit agreement, if the buyer and seller do not enter into a sales contract due to the inconsistency of the specific terms of the sales contract, the two parties shall not be liable for breach of contract, the deposit shall be refunded in full, and the deposit shall be paid directly to the seller. The commitment takes effect when the individual signs, and the company must affix the special seal of the unit to take effect; Audio recordings and witness testimony can be used as evidence.

Article 577 of the Civil Code of the People's Republic of China [Liability for Breach of Contract] If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Zheng Liang didn't.

Article 578:[Liability for Expected Breach of Contract]Where one of the parties expressly states or shows that it does not perform its contractual obligations by its own behavior, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Legal analysis: If only a deposit agreement is signed (such as a deposit payment letter, a house subscription letter, etc.), before signing a formal house sales contract according to the deposit agreement, if the buyer and the seller do not enter into a sales contract due to the inconsistency of the specific terms of the sales contract, the two parties shall not be liable for breach of contract, the deposit shall be refunded in full, and the deposit shall be paid directly to the seller.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 578:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

There are three ways to solve the problem of unfinished real estate: clarifying the ownership of property rights, joint negotiation to protect rights, and trust**.

1. Clarify the ownership of property rights

There are two ways to buy a home: a mortgage loan and an instalment payment to the seller. These two methods will have different effects on the ownership of the home, so buyers should first understand their ownership.

For home buyers, especially in the case of unfinished properties, the status of property rights is particularly important.

2. Joint negotiation to protect rights

After clarifying the issue of ownership, it is advisable to work with other owners as much as possible to obtain a greater degree of legal support.

3. Trust**

Different interventions will be taken to deal with the problem of unfinished buildings, depending on the situation: in the case of lack of funds, enterprises will be required to raise funds or bring in partners within a specified period; For the illegal hidden shed transportation, ** will be required to rectify within the specified date.

For cases involving economic disputes that require litigation, ** will also intervene; In the event that the developer is bankrupt or unable to continue construction, the project will be recovered in accordance with the law and tendered externally, or the developer will find a receiver on its own.

How to buy a house and avoid buying an unfinished building

1. When choosing a house, you should try to choose a developer with a big brand, because they have sufficient funds, so it is not easy to have a bad house, and the quality of the house is relatively high, which is suitable for later living.

2. Before buying a house, we must ask the developer to provide the original of the five certificates and verticals, not copies. If the information on the five certificates cannot be provided, or the information on the five certificates does not match the actual situation at all, then this situation must be paid special attention, and there are likely to be corresponding problems.

3. When buying a house, we must be cautious about the hot sales scene created by the developer, consider the current situation, stay calm when participating in real estate activities, analyze rationally, and carefully decide whether to buy according to the actual situation, and also consider whether it is suitable for purchase under the current circumstances. Therefore, only in this case is it not easy to have any impact.