Will there be unfinished buildings when buying a house from a newly established real estate company?

Check with the Housing and Urban-Rural Development Bureau, if the property sold by the developer has a pre-sale permit, it will generally not become an unfinished building.

The legal basis is the Administrative Measures for the Pre-sale of Urban Commercial Housing.

Article 5 The pre-sale of commercial housing shall meet the following conditions:

1) The full land use right transfer fee has been paid and the land use right certificate has been obtained.

Book; 2) Holding a construction project planning permit.

and construction permits;

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 determined.

Article 6 The pre-sale of commercial housing shall be subject to a licensing system. For the pre-sale of commercial housing, the developer shall apply for a pre-sale license from the real estate management department and obtain the "Commercial Housing Pre-sale License".

If the "Commercial Housing Pre-sale License" has not been obtained, the commercial housing pre-sale shall not be carried out. If the developer runs away and ends up in an unfinished building, it has the responsibility to take over the project, re-attract investment, and as a social supervision agency, it has the responsibility to protect and protect the legitimate rights of buyers. Unfinished construction refers to a building (building, bridge, road or tower, etc.) that has commenced and has been forced to stop for any reason and cannot be completed.

This is usually caused by a lack of sufficient funds on the part of the developer (private or **) to complete the work. In addition, there are projects that are suspended due to property rights disputes, substandard project quality, etc., which are also counted as unfinished buildings. Unfinished buildings refer to buildings in unfinished buildings.

It refers to a real estate project that has 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 main reason for the unfinished project is that after the developer acquires the land, the market has undergone fundamental changes in the construction process, and the houses that have entered the market cannot be sold at all, and finally they can only give up continuing construction and let it be unfinished; Passive unfinished work usually refers to the developer's bankruptcy, lack of construction funds, the project involves economic disputes, and the developer violates laws and regulations. For real estate developers or "pick-up man."

If it is due to a shortage of funds, you can seek loans from various sources to make additional investments.

Yes. At present, there are many developers who have begun to sell houses when the procedures are not complete, and the regular developers must sell houses under the condition that the five certificates are complete, which refers to the "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", "Commercial Housing Sales (Pre-sale) License". Houses for sale without a license on the market are indeed cheap, but such a house is a relatively greater risk, so everyone is reminded that when buying a house from a developer, you must check the five certificates.

The so-called "unfinished real estate". Generally, it refers to a real estate project that has 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 project is closed down due to the developer's lack of funds in real estate, economic disputes involving project development, illegal infringement during construction, and unqualified project quality.

The most important factor leading to the unfinished project is the rupture of the capital chain, the project has not been completed, the developer has not been able to come up with the money, the bank is not willing to continue the loan, and the project can not be transferred to other investors, in desperation can only be left in the scorching sun, let it wind and rain, wild grass everywhere.

Not necessarily, once there is an unfinished building, it is possible to withdraw the project development right and reintroduce a powerful enterprise for development, "not let the buyer's house payment go down the drain".

If the developer goes bankrupt, the house will definitely not be returned, and the developer has no money to return, and even if it can be returned, it can only get a receipt or an IOU. If there is an unfinished business, you need to unite with other owners to prepare to defend your rights, and if it is a qualified owner group, you can also raise funds to save yourself. Generally, the unfinished project will find a way to follow up, but it is always a matter of time, as long as you can find a developer to take over, you can solve it.

Kiss! Hello. There is no impact on developers.

The house is unfinished and has no impact on the developer, ** there is no way to take them, there is no rationality for the existence of the off-plan house, and the developer does not have to bear a penny of risk, he can take the people's money to make the people's money. If the house rises, you can even deliberately breach the contract and refuse to deliver the house when it comes to handing over the house, if the house falls, the better developer is so-so to finish the delivery, most of them are oil on the soles of the feet, and directly open the road, anyway, he himself does not lose a penny, and it can only be the people who suffer later. Hope mine is helpful to you.

Thanks for your question. I wish you happiness and happiness

Summary. Dear, glad to answer for you. Can the real estate development company buy land for development next time A:

Dear, the real estate development company has an unfinished building, and you can't buy land for development next time. 1. You should know that if it is an unfinished building and then re-opened, it can be purchased under normal circumstances, for example, because of the construction soil problems that cause the developer to have no way to continue the construction, then do not buy, if it is because of economic problems that the developer does not continue to build, then you can buy. 2. The general location of the unfinished building that has been developed is a better place, although the developer has escaped, but the real estate is still there, and the ** will not allow this kind of impact on the image of the building to exist, so ** will also let other developer companies continue to build the unfinished building, as long as the developer is willing to continue to open ** house, then it can represent that the real estate is profitable, and the future development is also a good phenomenon, so it is suitable for buying.

3. If you buy an unfinished building, you must check whether the developer has a housing sales license and a housing pre-sale license before buying a house, as well as real estate sales and housing quality problems.

Hello, let you wait for a long time, is consulting information for your questions to answer, please be patient Dear, I am happy to answer for you. Does the real estate development company have or answer the unfinished building next time can you buy land for development Answer: Dear, the real estate development company has an unfinished building and can not buy land for development next time.

1. You should know that if the fruit is an unfinished building and then re-opened, it can be purchased under normal circumstances, for example, because of the soil quality of the building and the developer has no way to continue the construction, then do not buy, if it is because of economic problems that the developer does not continue to build, then you can buy. 2. The general location of the unfinished building that has been developed belongs to a better place, although the developer has escaped, but the real estate is still there, and the first will not allow this kind of impact on the image of the building, so it will also let other developer companies continue to build the unfinished building, as long as the developer is willing to continue to open the house, then it can represent that the real estate is profitable, and the future development is also a good phenomenon of Meiling group failure, so it is suitable for buying. 3. If you buy an unfinished building, you must check whether the developer has a housing sales license and a housing pre-sale license before buying a house, as well as real estate sales and housing quality problems.

Legal analysis: If the purchase of off-plan housing is unfinished and the developer goes bankrupt and liquidated, for the buyer, the buyer can terminate the purchase contract and require the developer to return the purchase price, but because the developer is bankrupt, he can only declare the creditor's rights if he wants to return the purchase price.

Legal basis: Enterprise Bankruptcy Law of the People's Republic of China

Article 45 After accepting the bankruptcy application, the people's court shall determine the time limit for the creditor to declare the creditor's rights. The time limit for declaration of creditor's rights shall be calculated from the date on which the people's court issues the announcement of acceptance of the bankruptcy application, and shall not be less than 30 days and shall not exceed 3 months at the longest.

State-owned enterprise real estate will not produce unfinished buildings, no one dares to guarantee 100%, can only say that the possibility of Zen hand state-owned enterprise houses will be relatively small, most of the houses are mainly due to poor capital turnover, coupled with high interest liabilities, and state-owned enterprises will be relatively abundant, plus in terms of loans can enjoy certain preferential policies, relatively speaking, the probability of capital chain breakage is relatively small.

This will help you avoid the problem of unfinished buildings

1. Check the five certificates.

Possessing five certificates is a symbol of the developer's complete qualifications, especially the state-owned land use certificate and commercial housing pre-sale license, which are more important documents.

2. Comprehensively inspect the strength of the developer.

The more qualified the developer, the stronger the ability to resist risks, and the smaller the risk of failure, giving priority to state-owned enterprises and some large real estate companies.

3. Priority in the purchase of existing houses.

Although there is no advantage in the existing house, it can avoid unfinished.

4. Purchase a quasi-existing house.

Because the main body of the house has been basically completed, Li Zhu can understand the quality of the house manufacturing and the spacing between the buildings on the spot, and only the decoration of the interior and exterior walls remains, which reduces the risk of unfinished houses.

5. Purchase a first-phase house.

In order to ensure the later sales, and when the first phase of the house is built, the developer has relatively more abundant funds, so the probability of unfinished production is still relatively small. Jiwu real estate encyclopedia, more must know to buy a house.

Summary. What should I do if I buy an unfinished building.

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.

What should I do if I buy a house in a group company and it is unfinished:

Kiss sorry to hear that.

What to do if you buy an unfinished building1. 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 relationship of buying and selling drafts to a relationship of creditor's rights and debts.

2. If there is a possibility of "unfinished" in the real estate, don't rush to the court first, give the developer a little time to see if it can raise funds in a short period of time, complete the follow-up project, and reduce the possible losses to the lowest level.

If it is a breach of contract, the refund shall be resolved through negotiation, the complaint shall be filed with the Housing and Urban-Rural Development Bureau of the competent department at a higher level, the court shall be sued, and the contract shall be enforced.

The Contract Law of the People's Republic of China stipulates:

Article 107:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

Article 108:Where one of the parties expressly states or shows by its own conduct that it will not perform its contractual obligations, the other party may demand that it bear liability for breach of contract before the expiration of the performance period.

Article 109:Where one of the parties fails to pay the price or remuneration, the other party may require it to pay the price or remuneration.

In this case, the developer is effectively unable to fulfill the contract. If the developer still has the funds, they can negotiate a refund; If the developer's bankruptcy can only be resolved through legal means, let the court enforce it. Auctioning off the entire building to other developers to continue construction will result in some financial losses for the buyer.

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 it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract.

If it is necessary to postpone delivery due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise shall promptly inform the buyer.

According to Article 577 of the Civil Code, which came into effect in 2021, if a party 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.

After figuring out the ownership of the property, the buyer should try to get the maximum legal support with the other owners.

First of all, if the purchased property is only "unfinished", you can try to give the developer a little time, if it can raise funds in a short period of time to complete the follow-up works, the buyer's loss can be minimized.

Secondly, if the developer goes bankrupt due to insolvency, and encounters a "bad finish" crisis, the house cannot be returned to the developer. Because after checking out, the buyer cannot get the purchase price, and can only get a receipt or IOU. The relationship between buyers and developers will change from a buyer-seller relationship to a creditor-debtor relationship.

If the developer eventually has to declare bankruptcy due to insolvency, and its assets are auctioned off by the court, the consumer is more likely to receive compensation from the developer than the general creditor according to the bankruptcy law's provisions on the repayment of debts (especially if the consumer has already obtained the property title through pre-purchase).

In addition, if the decision is made to sue the developer, the owners must also work together. If other owners win their lawsuits and get compensation, while others don't sue in time because they wait for the developer to complete the case, they may end up not getting compensation.