Do you have to go to the online sign when the house is going to be unfinished, and what should I do

*Need**. If the house is about to be completed, the owner should go to the online signing as soon as possible. Online signing is an important step in the real estate transaction process, which can protect the rights and interests of property owners.

After the online sign, the property rights of the house belong to the owner, which can resist the developer's claims and other claims, and avoid being affected by the developer's bankruptcy or default. In addition, if the owner has already signed online, after the subsequent house has obtained the property rights, the owner can fight against other creditors and get the right to the house first.

If the owner is concerned that the developer will not be able to complete the construction, they can try to communicate with the developer to understand their financial situation and construction progress, as well as possible solutions. At the same time, owners can also contact the ** department for help and solutions.

In short, in the case that the house is about to be unfinished, the owner should go to the online sign as soon as possible to protect his rights and interests.

No, you don't. The owner of the house has generally done the online signing before the unfinished, and the property rights of the house belong to the owner after the online signing is done, so after the unfinished, ** will intervene again, and a new developer will take over the processing, and will deliver the house to all the owners who have done the online signing. The owner who does not have an online signature has no right to the property right of the house, and only has a creditor's rights and debts with the developer.

Once the house is unfinished, the developer will definitely file for bankruptcy, so it will be difficult to appeal for this claim.

Legal analysis: If the house is an unfinished building, the buyer can require the developer to bear the liability for breach of contract according to the contract, or according to the provisions of the relevant laws, the buyer can request to terminate the contract and claim compensation from the other party. It is necessary to go through legal legal advice to determine the ownership of the property, and secondly, the buyer can still request the property title certificate from the housing management department in accordance with the procedure.

If the developer goes bankrupt due to insolvency, and encounters a "rotten" crisis, the house cannot be returned to the real estate company. Since the buyer does not get the purchase price after checking out, he can only get a receipt or IOU. The relationship between home buyers and real estate enterprises will change from business links to creditor's rights and debts.

Later, the real estate enterprise had to declare bankruptcy due to insolvency, and its property was auctioned by the court, and according to the provisions of the bankruptcy law on the priority of debt repayment, consumers can easily receive compensation from the real estate enterprise than ordinary creditors. If it is decided that the developer should make a representation, the owners must also jointly defend their rights.

Legal basis: 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 14 If, due to reasons attributable to the seller, the buyer fails to obtain the certificate of ownership of immovable property within the following time limits, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: (1) the time limit for handling the registration of immovable property as agreed in the contract for the sale and purchase of commercial housing; (2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house; (3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract. If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

Article 15 If the buyer is unable to register the immovable property due to the reasons of the seller and the buyer is unable to register the immovable property as stipulated in the contract for the sale and purchase of commercial housing or the time limit for the registration of immovable property as stipulated in Article 32 of the Regulations on the Administration of Urban Real Estate Development and Operation and the Commodity Housing Sales Contract or Article 32 of the Regulations on the Administration of Urban Real Estate Development, it shall be supported.

The online signing refers to the filing of your sale and purchase agreement in the housing management department, which can effectively avoid the sale of one house and two sales, but the online signing does not involve financial problems. If the developer's funds are disconnected, it is basically unfinished, so although online signing is a basic guarantee, there is no guarantee that the house will not be unfinished.

What should I do if I encounter an unfinished building?

1. Keep waiting.

If there is a bad situation when buying a house, then the person who buys the house needs to make a judgment, if the developer is given some time, and the developer can complete the financing in a short time, it will be a large loss of funds, that is, the follow-up works of the project can be realized, so it is a good choice for buyers. There are many unknown variables, but for home buyers, it is the best option.

2. Sue the developer.

In general, the buyer can sue the developer for two options, one is to terminate the contract, require the developer to return the down payment and pay liquidated damages, and the buyer can also request to continue to perform the contract, as long as the developer handles the registration procedures for the buyer. However, if the developer goes out of business before completion, the house rots and cannot be delivered, the buyer can only choose to sue, and the court will judicially seize the real estate, including the unfinished real estate, and then pay the house price to the buyer in the form of ** real estate.

What are the functions of online signing?

Role 1, review role.

The online signing is actually the process of the housing management department conducting a preliminary review of the transaction, and the online signing is usually done to indicate that there is basically no problem with the real estate situation and the situation of both parties to the transaction.

For example, if the developer cannot handle the online signature for the buyer, it means that the project is likely to have incomplete procedures or even no legal procedures. The purchase of second-hand houses also has the same review effect, for example, some second-hand houses are restricted from listing, and there is obviously no such restriction if you can apply for online signing.

Role 2: Avoid selling one house and two houses.

Applying for online signing can avoid the unscrupulous owner or developer from selling the same property to two different buyers, which greatly reduces the possibility of the seller breaking the contract. Because after the online signature is handled, the online signature cannot be lifted without the consent of the buyer and the seller or the judgment of the court. The house cannot be signed online for the second time before it is terminated after the first online signing, that is to say, even if the seller wants to break the contract after the online signing, he cannot transfer the house to the second buyer at will.

The procedure for handling unfinished houses is:

1. Verify the authenticity of the unfinished house: Confirm that the unfinished house does exist and confirm that its status is true.

3. Settle the debts of the unfinished house: The victim of the unfinished house should settle the debts of the unfinished house as much as possible under the condition of compensation, so as not to affect the victim's credit history.

5. Investigate the responsibility of the unfinished house: If the relevant institutions and their staff have violated the law, they can apply for the mountain and ask them to be held accountable. Jiwu real estate encyclopedia, more must be knowledgeable in buying a house.

Buying a house can be said to be a very important investment in our lives, before buying a house, we must have a certain understanding of the housing developer, after all, even if it is the purchase of a small apartment, a set of millions of costs, some friends asked, what to do if the house signed online is unfinished, what to do if the developer is bankrupt and the house is unfinished. Let's take a closer look.

What should I do if the house signed online is unfinished?

1. If it's just a break in the developer's funds, give the developer a little time. If the developer can raise funds in a short period of time and complete the follow-up works, the unfinished houses can be revived.

2. If the developer goes bankrupt and the building is unfinished, the house must not be returned to the developer. Because after checking out to keep the trace, 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.

3. After the developer goes bankrupt, the buyer can still apply to the Shouzhongchang housing management department for the real estate certificate in accordance with the procedures. It's better to have property rights in hand than to get nothing.

What to do if the developer goes bankrupt and the house is unfinished

1. Auction. If the developer becomes insolvent and declares bankruptcy, and the house is already in danger, then the developer's finances will be auctioned off by the court, and according to the bankruptcy law's debt repayment order, it is easier for the buyer than the creditor to wait for the compensation of some real estate companies.

2. Indemnification. When a real estate project is unfinished, the owner must work together and go to court to sue the developer so that he can get compensation. If the owners are not united, the court will not be able to deal with it, and the unfinished building will not be resolved, and may not be compensated.

3. Fundraising. If the purchased house is only likely to be unfinished, you can give the developer a little more time to raise funds to resume work on their own, and after the completion of the work, the buyer's loss can be reduced.

4. Ask for help.

After the house is unfinished, you can go to the city and district to find a financing platform to unseal and re-mortgage to resume work. Local** will use different methods to interfere according to different situations. If the developer is short of funds, then the company will be asked to raise funds or bring in partners.

If it is illegal and violated, then it will be required to rectify within the specified time.

For buyers who buy new houses, the strength of the developer is an important guarantee of the quality of the house, there is a saying that the selection of the house is actually the choice of the developer, the developer is strong, and the quality of the house built will be more reassuring. For more home buying strategies, you can continue to pay attention to here for a detailed understanding.

If the developer violates the online signing contract, the buyer may require the developer to bear the liability for breach of contract according to the contract; If the law stipulates corresponding responsibilities for the developer, the buyer can be held accountable on this basis. If you buy an unfinished property, the buyer should determine whether the title of the house is clear. If there is a mortgage or more than one house is sold.

If a house is sold in multiple stalls, whether the house has been transferred. If there is a mortgage, find out the term of the mortgage. Finally, if it is an auction house, you should find out the procedures for the transfer of property rights.

If the developer goes bankrupt due to insolvency, and the property is unfinished, the buyer should not ask the developer to return the repayment. The reason is that the buyer does not get the purchase price, only a receipt or an IOU. The relationship between home buyers and developers will change from a relationship between buying and selling houses to a general creditor-debtor relationship.

If the developer eventually has to declare bankruptcy due to insolvency, its assets will be auctioned off by the court, and according to the bankruptcy law's provisions on the priority of debt repayment, consumers are more likely to receive compensation from the developer than ordinary creditors.

Article 577 of the Civil Code of the People's Republic of China: 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.

Article 584: If one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with the agreement, causing losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.