What to do if the off plan developer runs away What to do if the off plan property is unfinished Wha

If the developer runs away, you can collect evidence to sue the developer in the people's court, and if the off-plan property is unfinished, ** will take over and give a certain amount of compensation. When moving to a new house, pay attention to 4 points, divided into 1: How to save moving costs:

How to move with the most peace of mind 4: How to avoid collisions of items.

If the off-plan developer runs away, the owners can only collectively defend their rights, and the off-plan housing can only admit that it is unfinished, and the loan that should be repaid must be repaid. Before moving into a new house, you need to look at the date, and then enter the new house empty-handed, and entertain friends and family** to cook in the new house.

You can choose to call the police immediately, and after the end is over, you have to think about what to do with the mortgage, you can stop it immediately, and pay attention to removing formaldehyde when moving into a new house.

1. First of all, you have to determine whether your house has been completed, whether it has the conditions for delivery, if it is completed and has been delivered, the buyer and seller relationship is established; If the conditions for delivery are not met, the buyer-seller relationship is not established.

2. According to the relevant provisions of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Commodity Housing Sales Contracts issued by the Higher People's Court of China, "if the purpose of the commercial housing guarantee loan contract cannot be achieved because the commercial housing sales contract is confirmed to be invalid, revoked or dissolved, and the parties request to terminate the commercial housing guarantee loan contract, it shall be supported", and if the bank does not agree, it can sue.

3. According to the provisions of the judicial interpretation of the Supreme People's Court on the trial of the commercial housing sales contract, if the purpose of the mortgage loan contract cannot be achieved due to the termination of the "Commodity Housing Sales Contract", the mortgage loan contract may be terminated. You don't have to repay the loan.

4. When fighting for their legitimate rights and interests, it is best to unite the members of the community to act together, and the strength of more people is greater, so that the problem of low efficiency can be avoided because of the small number of people, and if there are many people, the resources that can be used are more, and the solution will be more quickly.

5. When dealing with problems, you should not organize illegal activities casually, you must know that illegal activities will be punished by law, and everything must be handled according to law, so that there will be no other drawbacks.

Risks associated with off-plan property trading.

1. According to the drawings, most of the buyers look at the floor plan of the house type and the renderings of the entire real estate rather than the real thing, and many developers make the floor plan simple and vague, which makes it difficult to accurately judge the area, house type and decoration standards; The renderings of the real estate are beautifully rendered, which will mislead consumers. If there is a large gap between the property and the developer's advertisement after handing over the house, it will cause losses.

2. It is difficult to grasp the situation of the developer. If the developer halts the project due to lack of funds during the construction process; or the reduction of construction quality due to insufficient technical strength; As well as unauthorized changes to the original design or commitment during the construction process, especially the changes to the supporting facilities and environmental greening of the community, etc., this friend will almost cause huge losses to consumers.

3. The market is difficult and difficult. After the buyer signs a contract with the developer and makes the payment, the price of the house will fluctuate due to market factors. If the price increases, home buyers benefit; If the price drops, the buyer will suffer a loss.

According to the provisions of the judicial interpretation of the Supreme People's Court on the trial of the commercial housing sales contract, if the purpose of the mortgage loan contract cannot be achieved due to the termination of the "commercial housing sales contract", the mortgage group can be terminated. You don't have to repay the loan. When fighting for their legitimate rights and interests, it is best to unite the members of the community to act together, and the strength of more people is greater, so that the problem of low efficiency can be avoided because of the small number of people, and if there are many people, the resources that can be used are more than the stool, and the solution will be more quickly.

2. When buying off-plan housing, a deposit will definitely be required, but the deposit clause must be indicated on the housing contract, especially some developers will write a non-refundable deposit on the housing contract. The delivery time of off-plan housing will generally have clear regulations, but it is necessary to indicate the compensation measures for delayed delivery, many developers during the construction project due to capital, management and other factors, it will often lead to the off-plan housing is difficult to deliver on time, so it is necessary to write down the compensation measures.

1. As long as you pay the full amount, you can get the house. However, if the house is not completed and does not meet the conditions for delivery, it can be resolved through litigation, and a lawsuit must be filed in court on the basis of the purchase contract, and the court must seize the purchased property as soon as possible. Because the developer owes a lot of money, and the construction unit or the bank has the priority to be compensated, it files a lawsuit as soon as possible in order to recover the loss.

2. You can directly terminate the contract with the developer, because the developer has a serious breach of contract and can ask for liquidated damages for late delivery.

Legal basis: Civil Code

Article 563: [Statutory Termination of Contract] The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China.

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Legal analysis: If the off-plan developer runs, in order to minimize the risk, it is recommended to sue the court immediately, before sueting, be sure to confirm whether the developer has obtained the pre-sale license of commercial housing, if not, you can directly sue the court, ask for the contract to be invalid, and refund your house payment, provided that the developer will be refunded when the developer is caught, if you do not catch it, there is no way to solve it for the time being. Therefore, it is more recommended to choose projects developed and constructed by well-known large real estate companies when buying off-plan housing, which is relatively more secure.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 100: People's courts may, on the basis of the application of the opposing party, rule to preserve their property, order them to perform certain acts, or prohibit them from doing certain acts, in cases where it might be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons; Where the parties do not submit an application, the people's court may also rule to adopt preservation measures when necessary.

Article 120:The indictment shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants.

Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Legal analysis. First of all, the buyer should go to the administrative department for industry and commerce to check whether the developer has been cancelled in accordance with the law, and if so, he must take the cancellation certificate and personal information to the housing management department to apply for the real estate certificate. If the house is not completed at the time of cancellation, the developer is liable to the buyer for breach of contract.

Legal basis. Article 45 of the Law of the People's Republic of China on the Management of Urban Real Estate Article 45 The pre-sale of commercial housing shall meet the conditions of the lower hidden rock trousers:

1) All land use right transfer fees have been paid and land use right certificates have been obtained;

2) Holding a construction project planning permit;

3) According to the calculation of the pre-sold commercial housing, the funds invested in the development and construction of the project have reached more than 25% of the total investment in the construction of the project, and the construction progress and completion delivery date have been confirmed;

4) Go through the pre-sale registration with the people's ** real estate management department at or above the county level, and obtain the pre-sale license certificate of commercial housing.

The pre-seller of commercial housing shall, in accordance with the relevant provisions of the state, submit the pre-sale contract to the people's real estate management department and land management department at or above the county level for registration and filing.

The proceeds from the pre-sale of commercial housing must be used for the construction of relevant projects.