What should I do if the house signed online is unfinished, and what is the real reason for the devel

If the house is unfinished, then there are only two ways left, the first way is to wait patiently, although this method is very helpless, but the general house is unfinished** will also come forward to coordinate, if you can find a new developer to take over the project, then the house will also start again. However, waiting is uncertain, and it is possible that no one can be found to take over, so the house will continue to be unfinished, and your money will be wasted.

There is a second way to check out directly, but few people choose this method, because it is very likely that the down payment they paid before will not come back, generally in this case the developer will choose to run away, but this is also a timely way to stop losses, at least they don't have to pay off the mortgage for a set of unfinished buildings every month. However, if you really go to the check-out step, then the procedures are relatively troublesome, so few people will choose this path, or will wait with hope.

In reality, there are often unfinished buildings. Therefore, we must pay attention to the following points when buying a house and avoid stepping on thunder:

1. Choose a big developer. Many small developers are facing the rupture of the capital chain, many of them just run away, and the real estate projects that have been squeezed dry are also a hot potato, and no one is willing to take over without the best coordination.

2. Real estate companies with good reputation. In fact, a developer will register a company when developing a property market, which is why some real estate projects of the same real estate company in a city are unfinished, and some real estate projects are still under construction and sales. For real estate companies with a bad reputation, they would rather have unfinished projects than pay more money to rescue unfinished projects.

3. When buying a house, you must buy a real estate with five complete certificates, which are "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit" and "Commercial Housing Pre-sale License". If the five certificates are not complete, there is a risk in purchasing, so don't take chances.

Request to check out.

If the house you have purchased is unfinished and there is no online sign, but there is a purchase contract, you can apply to move out. According to the law, if you have signed a purchase agreement with the developer, your contract should be deemed to have been formed. If the house has obtained the pre-sale permit or the house ownership certificate, your contract has already taken effect, and whether you sign it online does not affect the validity of your contract.

If the developer has not obtained a pre-sale permit and has not registered to obtain the title deed, your agreement is not yet legally valid. In addition, in view of the fact that many cities manage the sales behavior of developers through online signing, you can ask the developer to sign with you online within a certain period of time, and if you cannot sign online within the agreed period, you can notify the developer to terminate the contract. Even if the house you buy and sell is carried out with an individual, it is the same as the above-mentioned purchase contract with the developer, that is, the online signing is only a means of supervision, and does not affect the contractual rights and obligations of both parties.

Developers procrastinateNetsignThe real reasons are as follows:

In the first case, the developer applies for a bank loan when buying and selling the land.

If the transaction is not paid off, a formal purchase contract cannot be signed.

Target. The second situation is that the developer's relevant documents are incomplete, and now the developer is required to have five certificates for online signing.

It is possible that the developer has not yet obtained the pre-sale license. In this case, we still need to pay more attention.

Introduction:

Developer is a noun that is the first person responsible for a project. There are many types: real estate developers, software developers, game developers, and other developers of a certain brand, but unless otherwise specified, it generally refers to real estate developers.

The term developer has repeatedly hit the public eye, because it not only carries the aura and glory of urban construction, but also has been questioned by the public about its wealth values. A responsible, honest and thoughtful developer must face the times, face the society, and face the public to make their own value judgments and action responses. There are many developers involved in real estate.

We also often write it as kfs.

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.

Summary. Normal transactions need to be signed online, if the house has been signed online, then it cannot be signed online, and the signed contract is not valid. In fact, this is to buy a house that someone else has bought, which cannot be done.

Only if the other party doesn't want it and revokes the online sign, the house can be bought again.

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Can't buy, because someone else has signed the house online has been high in the hand chanting **, can no longer buy, after the purchase of the house will be difficult there will be a lot of disputes, and there is a great risk, and has signed the house Nian Tanzi, if you buy it again, it will be a situation of two houses. Therefore, buyers must check whether the house has been signed online in time after buying a house.

Normal transactions are Jingzhou needs to be signed online, if this house has been signed online, then it cannot be signed online, and the signed contract is not valid. In fact, this is to buy a house that someone else has bought, and it can't be done. Only if the other party doesn't want the stove silver and revokes the online signature, the house can be bought again.

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.

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.