What should I do if the off plan property is unfinished, and what should I do if the off plan proper

Off-planThe method of the owner of the unfinished is as follows:

1. Wait for the developer to raise funds. If there is no clear unfinished, only the possibility of unfinished, you can wait for the developer to raise funds and then proceed with the completion, thus minimizing the loss of the purchase.

2. Continue to pay your mortgage.

When the house is not completed, it is advisable not to stop the mortgage to move out, otherwise the sales relationship will turn into a debt relationship, and it will be difficult to get compensation from the developer.

3. Prosecution. The owner can sue the developer, and generally can be compensated after winning the case, and it is recommended that the lawsuit can be cooperated with multiple owners.

4. Negotiate with the developer. Unfinished homes that cannot be delivered on time can also be resolved under a purchase contract, where both parties can negotiate disputed issues.

5. Seek help from a third party. When the house is not completed, you can find the local authorities or ask for help, which can put some pressure on the developer.

If the house is unfinished, the owner's treatment is:1.The bank was requested to immediately auction off the owner's house and settle the creditor's rights and debts between the owner and the bank.

2.The owner self-financed the closure. The Construction Committee, the Housing Management Bureau, the Suspension Office and other departments are required to provide guidance.

3.The developer is required to resume work and finish, and the owner will continue to supply after the house is closed.

4.Require the developer to go bankrupt and liquidate.

If the house is unfinished, most of the reasons are on the developer, and the developer's development qualification level is judged from the registered capital, development qualifications, etc. Legal Express reminds that the qualification level is divided into four levels, the first level is the highest, the fourth level is the lowest, if the developer's qualification is the first and second level, indicating that the developer's strength is still relatively strong, and the probability of unfinished production is also the lowest. Therefore, everyone must check the five certificates when buying a house.

If the off-plan property purchased by the owner is not finished, there are several possible solutions:

1.Waiting for the developer to raise funds: If there is no clear end to the project, but there is a possibility that it will not be finished, you can wait for the developer to raise funds, and then the completion will continue, so as to minimize the loss of buying a house.

2.Continue to pay the mortgage: When the house is unfinished, it is recommended not to stop the mortgage, otherwise the buyer-seller relationship will turn into a debt relationship, and it will be more difficult to get the developer's compensation.

3.Sue: The owner can sue the developer, and generally can be compensated if the lawsuit is won. It is recommended that multiple owners may be sued together to increase the likelihood of reasonable compensation.

4.Negotiate with the developer: If the house cannot be delivered on time, it can also be resolved according to the purchase contract first, and the two parties can negotiate the disputed issues again.

5.Seek third-party help: When the house is unfinished, you can find the local competent authority to solve it, or you can seek help.

6.Legal means: If the problem cannot be solved through negotiation, you can apply for prosecution or arbitration through legal channels, so that Kaizu is early and the company bears the corresponding responsibility.

It should be noted that the laws and regulations vary from region to region, and the specific solution should be determined according to local laws and regulations and relevant policies. If you encounter similar problems, it is advisable to consult a legal professional or a professional in the real estate related sector.

The off-plan house is not a special annoying thing for the owner, because it is not only that the house cannot be delivered on time, but also that the house may not be able to be refunded for many years, so after encountering such a problem, it is necessary to negotiate with the developer first. This method minimizes the damage caused by the failure of the house.

However, if the developer clearly has no ability to build the follow-up house, the owner can gather, and the other owners will jointly sue the developer, so the probability of winning the lawsuit will be higher, and the compensation can be obtained after winning the lawsuit, but at this stage, it is not recommended that you ask the developer to move out, and when the house is not completed, it is not recommended to stop the repayment of the mortgage.

If the off-plan property is not completed, the owner can sue for compensation under the purchase contract, terminate the contract, and claim liquidated damages.

In order to keep all the contract information, you can negotiate with the developer, the relevant bank, and the insurance company. Communicate with the repayment bank to see what the bank has to say. The lending bank will come forward to communicate with the developer to see if the mortgage contract can be terminated.

If the developer is unable to dispose of the unfinished building, the buyer can report the unfinished building incident through the local **.

If it is just a break in the funds for the development of Jianqingshang, give the developer a little time, if the developer can raise funds in a short period of time and complete the follow-up project, the unfinished house can be resurrected. When the house is unfinished, it is recommended not to stop the mortgage and move out, otherwise the buyer-seller relationship will turn into a debt relationship, and it will be more difficult to get compensation from the developer.

The reason for the unfinished business

The proportion of capital impact is more than 80%, and it is also one of the most common main reasons, which is reflected in the situation that the company's own funds are relatively tight or insufficient, coupled with the interest expenses such as bank loans, and the comprehensive cost of various expenses, which finally causes the delay in the delivery of real estate.

There is also a situation of the enterprise itself, based on the development of previous real estate projects, can directly use the land mortgage to borrow from the bank, then if in the process of development, and the process of sales, there is a delay in the project, or the sales speed is slow, resulting in a shortage of funds, the project may be at a standstill, and finally lead to a delay in delivery, or even more serious There is a long-term shutdown of the real estate, and finally there is an unfinished building.

If the purchase of a loss-making oak house is unfinished, you can take the purchase contract or a valid bill to the developer for negotiation, and if the negotiation is fruitless, you should go to the bank to negotiate to see if the mortgage can be suspended. In addition, it is necessary to seek help from the local ** or the ** who is the partner of the land, and of course, to complain to the Ministry of Housing and Urban-Rural Development about the developer. Generally, the ** functional department will come forward to solve the problem, and it will be better for the ** functional department to negotiate with the developer.

Before building a house, the developer pays a part of the deposit to the housing authority, which can be used to subsidize the owners who have purchased the house, and the local ** will also continue to carry out the project through other means, but if the mortgage has been used, it is still necessary to continue to repay.

Find a professional lawyer to sue the developer, or you can find the relevant functional departments to complain. If I buy an off-plan house, it is very unfortunate for me, because the off-plan house is unfinished, which means that the real estate is in a state of suspension, and the house has not been paid for a day, and the borrower will not be able to move in, let alone see the real estate certificate, and the mortgage still needs to be repaid, and the loss will be very large. At this time, don't worry, you can find the local housing management department to complain, and secondly, you can find a professional lawyer for consultation.

In general, the local housing management department will intervene to solve the problem of bankruptcy of the developer, and the developer also pays a large part of the deposit to the housing management department when building the property, which can be used to compensate the owner.

The loan has to be repaid. Because the loan contract is signed with the bank, it is simply to borrow money from the bank to buy a house, which is an agreement between the lender and the bank, not the relationship between the bank and the developer. As for the lender buying off-plan property, and the developer's real estate is unfinished during this period, it should be a dispute between the lender and the developer, after all, when the purchase contract is signed, it is an agreement with the developer.

So even if the building is unfinished, then the mortgage still has to be repaid, of course, at this time you can seek the help of the local housing authority, after all, the developer also paid a certain deposit to the ** when building the building.

Legal analysis: If the off-plan property is unfinished, it is necessary to file a civil lawsuit 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. 1. A class action lawsuit is possible, and when figuring out the ownership of the property right and deciding to sue the developer, the buyer should work together with other owners to avoid the occurrence of some people receiving compensation and some not receiving compensation. The flame is high, and the owners speak with one voice and work hard in one direction, and the momentum and formation alone attract more attention than a single business.

2. In the process of rights protection, buyers must hire a professional lawyer, because whether it is negotiating with the developer or coordinating assets with the developer, the bank, and the construction party, the lawyer can be more professional.

3. Don't check out easily, every real estate has a complex debt relationship, the developer not only owes the owner's house, but also may owe bank loans, construction money, and even loan sharks. Therefore, buyers should not move out easily, as if they quit, the relationship between the owner and the developer will become a debt.

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.

Article 48 The creditor shall declare the creditor's rights to the manager within the time limit for declaration of creditor's rights determined by the people's court.

The wages, medical treatment, disability allowance and bereavement expenses owed by the debtor to the employees, the basic endowment insurance and basic medical insurance expenses that should be transferred to the employees' personal accounts, and the compensation that shall be paid to the employees according to laws and administrative regulations, do not need to be declared, and the managers shall make a list and publicize them after investigation. Where employees have objections to the records in the list, they may request that the manager make corrections, and if the rationale refuses to make corrections, the employees may file a lawsuit in the people's court.