What if the house I bought is unfinished

If the developer repeatedly delays the delivery time and encounters a "unfinished" crisis, the buyer must not check out according to the agreement in the purchase contract. Because at this time, the developer has no money in his hands, and after checking out, he cannot immediately get the purchase price, only a receipt or IOU. The relationship between home buyers and developers will change from a buyer-seller relationship to a creditor-debtor relationship.

The real estate certificate (premisespermit) is a document that the buyer obtains the legal ownership of the house through the transaction, and can exercise the right to occupy, use, benefit and dispose of the purchased house in accordance with the law. That is, the "Housing Ownership Certificate" is a legal certificate for the state to protect the ownership of the house in accordance with the law. Homeowner credentials to manage and use their own home.

In a general sense, the real estate certificate is the abbreviation of the house ownership certificate, which is a written certificate issued by the real estate registration authority to prove the ownership of the house.

Legal Analysis]: How to deal with unfinished buildings. Unfinished buildings refer to real estate projects that have gone through land use and planning procedures, but after the project starts, the developer is unable to continue to invest in construction or falls into debt disputes, and the construction is suspended for more than one year.

The specific treatment methods are as follows: 1. If there is an unfinished building, you can negotiate with the developer to deal with it; 2. If there is an unfinished building, you can find a management department such as ** to intervene to deal with it; 3. If there is an unfinished building, and the developer does not deal with it and refuses to deal with it, you can find the relevant situation; 4. If there is an unfinished building and the buyer does not want to hand over the house, the normal house is unfinished and the civil lawsuit should be filed as soon as possible to obtain compensation. It is recommended that the buyer should not return the house to the developer, so the unfinished developer has no money, after checking out, the buyer generally does not get the purchase price, can only get a receipt or an IOU, the relationship between the buyer and the developer, will change from the relationship between the buyer and the seller to the creditor's rights and debts.

If the developer eventually becomes insolvent and declares bankruptcy, and the assets are auctioned off by the court, then the buyer will be more likely to be paid off than the average creditor.

Legal basis]: 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.

1. Clarify the ownership of property rights.

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, it is necessary to protect their legitimate rights and interests through legal channels.

First of all, it is better to determine the ownership of your property rights after legal legal consultation, and it is better to have property rights in hand than to have nothing. Secondly, the buyer will still be able to follow the procedure to request the property title certificate from the housing management department.

2. Joint negotiation to protect rights.

After clarifying the question of property ownership, it is necessary to work with other owners as much as possible to obtain legal support to the greatest extent. If the purchased property is only "unfinished", it can test the developer a little time, and if it can raise funds in a short period of time to complete the follow-up works, the loss of buyers can be minimized.

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.

Suppose that the real estate enterprise is later insolvent and has to declare bankruptcy, and its property is auctioned by the court, and according to the provisions of the bankruptcy law on the priority of debt repayment, it is easier for consumers to 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. If other owners win the lawsuit and get compensation, while some owners do not make timely representations because they wait for the developer to complete the project, they may not get compensation after all.

3. Trust**.

Regarding the unfinished building, ** will interfere according to different conditions and different methods:

1) If there is a lack of funds, the company will raise funds or introduce partners during the meeting.

2) If there is a violation of laws and regulations, ** will be required to rectify within the specified date.

3) If it involves economic disputes and wants to file a lawsuit, ** will also intervene.

4) If the developer is bankrupt or still unable to continue construction after best efforts, the project will be recovered in accordance with the law and bids externally, or the developer will find a receiver by himself.

If there is a lack of funds, the company will ask for the deadline to raise funds or introduce partners, if it violates laws and regulations, it will require rectification within the specified date, and if it touches an economic dispute and wants to fight a lawsuit, it will also intervene and protect its legitimate rights and interests through legal channels.

1. What should I do if I encounter an unfinished building when buying a house?

If you encounter an unfinished building when buying a house, you can sue the people's court and require the other party to bear the liability for breach of contract and pay liquidated damages in accordance with the contract. According to Article 30 of the Administrative Measures for the Sales of Commodity Housing, a real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on schedule. If the inspection stool is not delivered on time, the real estate development enterprise shall bear the liability for breach of contract.

2. What are the terms of breach of contract for the sale and purchase of houses?

1.Anticipation of default. The expected breach of contract for the sale and purchase of commercial housing in China is basically the same as that of the general contract, which can be divided into two specific types:

1) Expected refusal to perform means that after the contract is validly concluded and before the expiration of the performance period agreed by Heshiyetong, one party indicates to the other party in words or deeds that it will not perform its obligations under the contract as agreed.

2) Expected non-performance means that before the expiration of the performance period of the contract, there are circumstances indicating or one party discovers that the other party will not be able to perform its obligations under the contract at that time.

2.Actual breach.

3.Improper performance.

3. How to judge whether the house sale contract is valid.

The circumstances for judging whether the house sale contract is valid are as follows:

1.Clarify the validity of the contract:

1) Whether the parties to the contract have the capacity for civil conduct, 2) Whether the signing of the contract is a voluntary expression of the true intention of both parties, 3) Whether the content of the contract violates the mandatory provisions of laws and administrative regulations, and whether it violates public order and good customs;

4) Whether the content of the contract harms the national interest, the public interest or the legitimate rights and interests of others.

2.Formal requirements for a contract for the sale and purchase of a house:

1) When transferring real estate, a written transfer contract shall be signed, and the method of obtaining land use rights shall be clearly stated in the contract.

2) The agreement for the sale and purchase of a house is a written contract.

Article 555 of the Civil Code of the People's Republic of China provides that one of the parties may, with the consent of the other party, transfer its rights and obligations in the contract to a third party. Article 556 of the Civil Code of the People's Republic of China on Defeated Returned Travelers provides that the rights and obligations of a contract are transferred together, the relevant provisions on the assignment of creditor's rights and the transfer of debts shall apply.