How to solve the problem if the house is unfinished, and what to do if the house is unfinished

Legal analysis]: When buying a house, if the real estate is unfinished, it will cause huge economic losses to the buyer. Buyers can solve the problem of unfinished real estate in the following ways:

1. First understand the reasons for the unfinished. If the building cannot continue to be built due to the bankruptcy of the developer or other reasons, the buyer can first report the situation to the relevant departments; 2. The buyer can first file a lawsuit with the court to request the developer to refund the purchase price. and bear the liability for breach of contract.

Legal basisArticle 583 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, if the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses. Article 584:Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in an inconsistent manner 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.

The specific implementation methods are as follows:1. 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.

2. If there is a possibility of "unfinished" real estate, do not rush to the court first, give the developer a little time, see if it can raise funds in a short time, complete the follow-up project, and minimize the possible losses.

3. If the owner decides to sue the developer, they must unite and work together. If only some owners win the lawsuit and get compensation, while other owners do not sue in time, they may not get compensation in the end. After a certain period of time, if the developer still does not raise enough funds to complete the project, the developer should file for bankruptcy protection in court.

After the court dismantles and auctions the company, it obtains funds for the subsequent completion of the project.

In the event that the developer delays the delivery of the house and the house is unfinished, the buyer can first wait patiently to see if the developer can give a clear delivery time. If the developer is too late in delivering the home, then the buyer can take legal action to sue the developer. First terminate the contract for the sale and purchase of commercial housing, and then find the bank to terminate the loan contract.

When suing the developer, the buyer should prepare relevant evidentiary materials, such as evidence that the house is unfinished, and evidence that the developer has breached the contract and caused compensation to him. The court will judicially seize the developer's property, and then repay the buyer by auctioning the property. Buyers must sue as early as possible when the developer is solvent, and if the developer has run away or gone bankrupt, then the likelihood of realizing the debt will be reduced.

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 11: In accordance with the provisions of Article 563 of the Civil Code, where the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

If the law does not provide or the parties have not agreed, the reasonable period for exercising the right of rescission is three months after being urged by the other party. If the other party does not demand, the person who has the right of rescission shall exercise it within one year from the date on which he knows or should know the reasons for rescission. If it is not exercised within the time limit, the right of rescission shall be extinguished.

Article 12 Where a party requests a reduction on the grounds that the agreed liquidated damages are too high, the liquidated damages shall be appropriately reduced on the basis that the liquidated damages exceed 30 percent of the losses caused; Where a party requests an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined on the basis of the losses caused by the breach of contract.

Article 13 The contract for the sale and purchase of commercial housing does not stipulate the amount of liquidated damages or the method of calculating the amount of compensation for losses, and the amount of liquidated damages or compensation for losses may be determined by reference to the following standards: If payment is overdue, it shall be calculated according to the total amount of unpaid purchase money and the standard for financial institutions to collect interest on overdue loans stipulated by the People's Bank of China.

If the house is delivered for use within the time limit, it shall be determined in accordance with the rent standard for the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.

Article 20 If the contract for the sale and purchase of commercial housing is confirmed to be invalid or revoked or dissolved, the purpose chain of the commercial housing guarantee loan contract cannot be realized, and the parties request to terminate the commercial housing guarantee loan contract, it shall be supported.

OK.

In most cases, the unfinished building refers to the project that has not been completed and has been suspended, some buyers are lucky, the house has been sealed and brightened, and there are some small details that have not been dealt with well, and the conditions for delivery cannot be met, but the house is still wide and can be occupied.

The possibility of applying for the title certificate of the unfinished house is very small, if there is no new developer to take over, the buyer will lose more, and the buyer can apply to check out of the unfinished building.

OK.

In most cases, unfinished buildings refer to projects that have not yet been completed and have been suspended, some buyers are lucky, the house has been capped, and there are some small details that have not been dealt with well, and the conditions for delivery cannot be met, but the house can still be occupied.

If there is no new developer to take over, the buyer will lose money, and the buyer can apply to check out of the unfinished building.

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The method is as follows: 1. The buyer checks whether the house is registered or not: For the buyer, you can first go to the industrial and commercial bureau to check whether the house is registered, and then bring the relevant documents and the original sales contract to the housing authority to apply for the real estate certificate.

2. The developer completes the construction of the project: For the developer, the construction of the project should be completed as much as possible, and if it cannot continue, it can apply for bankruptcy, bidding and other ways to change hands, and then wait for the receiver to deal with various payments. 3. The buyer clarifies the condition of the house

It should be noted here that after the buyer finds out that the project is unfinished, do not be anxious, you can inquire about the situation first, and do not return the house. Because at this time, the developer does not have enough money to repay the buyer, and at this time, it can only get a receipt, and the relationship becomes a debt relationship. However, in the future, when various payments are disposed of, the consumption money will be processed first, and the debt payment will be disposed of first.

4. Make a choice for rights protection: After the owner finds that his real estate is unfinished, whether checking out is the best choice for rights protection depends on different situations. If the developer still has funds in his account, or can have his own way to pay for the house, the owner files a lawsuit with the court to ask for the property to move out, and then takes the money from the developer or applies to the court to enforce the payment and leave, the owner's rights and interests can be satisfied to a large extent.

Some people may ask, if the houses are capped, will there be a risk of unfinished?

The answer is yes, before the confiscation of the house, any step may be unfinished, and some people even say that the capping is the beginning of the unfinished business. Because the industry practice is that after the real estate is capped, it is necessary to pay the second phase of the construction money to the construction party, and the developer who has problems with the capital chain cannot afford to pay this cost, so the construction will naturally be suspended.

The house bought is unfortunately unfinished, what should buyers do to protect their interests to the greatest extent, everyone's first reaction is to check out. The lawyer replied, don't return. Because even if the lawsuit is won, the developer has no money to return, so if he wants to pay you money, why should it be unfinished.

And he has too many creditors, the bank, the construction party, and the owners who have not checked out have the priority to pay than you, and it will be the turn of the monkey to return the money to you.

The house is unfinished, and I think I'm unlucky, so it's okay if I don't pay the mortgage. The lawyer replied again, no! Because you borrowed the money from the bank, can you not pay back the money because there is a problem with the borrowed money to buy something, obviously not.

And as soon as the loan is stopped, the bank will immediately sue you, will enforce other assets in your name, will put you on the list of old men, and will have a huge impact on your life and your children's schooling, can you really afford these bad consequences?

The only way to go is to be willing to repay the mortgage and overcome many difficulties to make a living, while silently looking forward to the arrival of good luck and the resumption of work and delivery of the unfinished building one day. But the long wait and huge expenses, the helplessness and bitterness of physical and mental exhaustion, are really not something that ordinary people can endure and bear.

No matter how hard you work, you can't get the delivery of the house, which is really a fatal blow to an ordinary person.

If there is really a pain in the world that life cannot bear, then it must be the pain of life pressure that the owner of the unfinished building cannot bear. I really hope that all owners can live in their own houses, and may there be no unfinished buildings in the world!