What should the owner do when buying a house and encountering an unfinished building

If you buy an unfinished building, you should first clarify whether the sales procedures and property rights of the house are clear, and whether it has been mortgaged by the bank; Secondly, it is necessary to determine with the seller whether the house has a title certificate and a sales license; Then find out whether the house is mortgaged, and if so, find out the mortgage period and how to release the mortgage; Finally, if it is an auction house, it is necessary to find out whether the property transfer procedures have been completed. 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 the developer eventually has to declare bankruptcy due to insolvency, its assets will be auctioned by the court, and according to the bankruptcy law's rules on the priority of debt repayment, consumers are more likely than ordinary creditors to receive compensation from the developer (especially if the consumer has already obtained the property rights through pre-purchase). In addition, if the decision is made to sue the developer, the owner must also work together.

If other owners go to court and win the lawsuit and get compensation, while some owners don't sue in time, they may end up not getting compensation.

What should I do when I buy a house and encounter an unfinished building? These 3 methods teach you to solve.

Either you think you're unlucky, or you keep waiting, after all, no developer wants to go bankrupt.

1.A strong organization is essential. Organizational issues are critical to the success or failure of class actions such as those in unfinished buildings. There is no implication of a stable organizational structure.

2.A good owner's representative is essential. Many of the reasons for the failure of rights protection are that the owners' representatives are not effective, and the owners' representatives defect or are bribed.

3.There must be a confidentiality mechanism and an anti-free-rider mechanism. In the process of rights protection, if there is no anti-free-rider mechanism, rights protection can easily fail.

4.File a lawsuit as soon as possible and exercise the buyer's right of priority to be compensated as soon as possible. If the real estate is completely unfinished, there is no possibility of resurrection, the state of the house.

5.When necessary, it can apply for bankruptcy of the developer and exercise priority in bankruptcy liquidation.

6. Generally speaking, the developer should file within 7 days after signing online, if the record is not filed for a long time, it may be due to the following reasons:

1) There is a problem with the developer;

2) The efficiency of the housing authority, strictly speaking, is really not as low as this;

3) Whether there is a problem with the qualifications of the individual to buy a house. It is recommended to consult the housing authority.

1. The disposal of the "unfinished building" project should follow the following principles.

1) ** promotion and market operation. **Provide policy guidance and support, use market means, give full play to the role of market players, and solve project problems through market-oriented operation.

2) Disposition, planning and guidance in accordance with law. Strictly follow the provisions of laws and regulations, promote rectification and handling work in accordance with laws and regulations, and give reasonable planning guidance and support on the premise of safeguarding urban planning and public interests.

3) Categorical processing, step by step. According to the different project areas, locations, types and functions, they will be handled differently and promoted by classification. Focus on solving projects located in key areas that have a greater impact on the urban landscape, and the rest will be gradually digested and processed by market players.

4) Territorial advancement and adaptation to local conditions. The disposal rights and responsibilities are fully delegated to each district ** (management committee), and each district ** (management committee) is responsible for taking the lead in promoting, objectively analyzing the demands of the real estate rights of the project, and formulating targeted disposal measures in combination with the actual situation.

2. Four ways to deal with the "unfinished building" project.

1) Continuation of the project. If it meets the requirements of current planning, building safety, ecological redline control, etc., the project can be continued on the basis of not demolishing the original project.

2) Demolition and reconstruction. If it does not conform to the current planning, construction safety or market demand, the project can be demolished and rebuilt.

3) Comprehensive rectification. If the urban landscape is seriously affected and cannot be revitalized within the required time limit, the person who has the real estate rights of the project shall be responsible for remediation or demolition and greening.

d) ** Withdrawn. If the conditions of land resumption are met, the land use right and above-ground and underground buildings (structures) shall be recovered free of charge or paid in accordance with the law.

1. Clarify the problem of property rights: If you accidentally buy an unfinished house, the buyer must not check out directly, if the buyer checks out, the developer has no money to pay back, so it is not worth it. Buyers should first figure out the issue of property rights, consult with the local housing management department, whether they can apply for a real estate certificate, and having property rights in hand is better than getting nothing.

After figuring out the ownership of the property, the buyer should try to get legal support together with other property owners.

2. Unite other owners: a person's ability is limited, not only you who buy an unfinished house, but also many owners of the same community, if the owners of the community decide to appeal to the developer, you need to unite most of the owners, as the so-called, everyone picks up firewood and the flame is high, the owners speak with a voice, and work hard in one direction, and the role is greater. It should be noted that if these owners win the lawsuit and get compensation, and the owners who are not united do not appeal in time due to hail inspection and have been waiting for the developer to complete the construction, they may not be compensated in the end.

3. Believe**: Under normal circumstances, for unfinished buildings, the policy will interfere according to different conditions and different methods, so it is not wise to check out in a hurry. If the developer is short of funds, the company will raise funds or bring in partners.

If the developer really has no ability to develop the real estate anymore, ** will take back the project in accordance with the law and bid externally, or the developer will find a receiver by himself.

How to avoid buying unfinished property.

1. Buy an existing house: Buy an existing house at a glance, and you can know at a glance whether it is an unfinished building, so you don't have to worry about this problem at all. This is the most direct way to avoid unfinished buildings.

Under normal circumstances, you can go through the delivery procedures after completing the loan, take the key to decorate and start moving in, and buy an existing house with more confidence.

The development strength of large developer brand real estate enterprises is abundant, the funds are sufficient, and the quality is more guaranteed. At the same time, brand real estate companies have better property management services and high living comfort. Before choosing these properties, it is necessary to understand the strength of the developer and whether it has developed multiple properties.

Integrity is an important criterion to measure an enterprise, and honest enterprises are more trustworthy, so it is necessary to understand the credibility of the developer.

3. Look at the developer's five certificates: Many people are not very clear about the five certificates when buying a house, and they don't even know that the developer needs to have five certificates to buy a house. The house for sale without a license on the market is indeed cheap, but this kind of house is relatively more risky, so remind everyone to check the five certificates when buying a house.