How to deal with unfinished real estate and how to solve unfinished real estate?

Legal analysis: First of all, buyers can first go to the administrative department for industry and commerce to check whether the house is published. If it has been legally published, the buyer can go to the housing management department to apply for the real estate certificate with the certificate of legal publication of the developer issued by the industrial and commercial department, as well as the original commercial housing sales contract, personal ID card and other materials.

If the developer is unable to deliver the building due to insufficient funds and the inability to raise funds for a long time, the developer can request to terminate the contract, and the buyer may request compensation from the developer.

Legal basis: Article 597 of the Civil Code of the People's Republic of China Where the ownership of the subject matter cannot be transferred because the seller has not obtained the right to dispose of it, the buyer may terminate the contract and request the seller to bear the liability for breach of contract. Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.

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.

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The first step is to go to court with the developer if they have not run away or go out of business. As long as the developer defaults on the suspension of work, there is a high chance that the purchase contract will be terminated. Once the purchase contract is terminated, the loan contract will be terminated with it.

For the rest of the money, the bank will go to the developer. For the problem of down payment, we should also try to find the developer to recover, although the probability is small, but it does not mean that there is no opportunity.

The second step, which is also a common problem, is that the developer is bankrupt and we can't find a debt collector, so we can choose to stop the loan directly, which is also a common method for unfinished owners. When you stop the loan, the bank will sue the landlord. Due to the bankruptcy of the developer, the fact that the purchase contract does not exist has been created.

In this case, the owner has a good chance of winning the case. With the developer bankrupt, the chances of recovering the down payment are slim. The developers themselves are bankrupt, and there is a high probability that the money will not come back.

In the third step, the unfinished owners gather and collectively suspend the loan if they do not resume work, so as to allow the local property to resume work. This is also the best way, and it also realizes the original intention of everyone to buy a house for living. At the same time, the problem of down payment is solved.

The house resumed work, and the owner repaid the loan, and everyone was happy.

With the above three methods, some owners have achieved the desired results. Silly waiting, no one came to help us.

If only a deposit agreement is signed (such as a deposit payment letter, a house subscription letter, etc.), before signing a formal house sale and purchase contract according to the deposit agreement, if the buyer and seller do not enter into a sales contract due to the inconsistency of the specific terms of the sales contract, the two parties shall not be liable for breach of contract, the deposit shall be refunded in full, and the deposit shall be paid directly to the seller. The commitment takes effect when the individual signs, and the company must affix the special seal of the unit to take effect; Audio recordings and witness testimony can be used as evidence.

Article 577 of the Civil Code of the People's Republic of China [Liability for Breach of Contract] 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. Zheng Liang didn't.

Article 578:[Liability for Expected Breach of Contract]Where one of the parties expressly states or shows that it does not perform its contractual obligations by its own behavior, the other party may request that it bear liability for breach of contract before the expiration of the performance period.

Legal analysis: If only a deposit agreement is signed (such as a deposit payment letter, a house subscription letter, etc.), before signing a formal house sales contract according to the deposit agreement, if the buyer and the seller do not enter into a sales contract due to the inconsistency of the specific terms of the sales contract, the two parties shall not be liable for breach of contract, the deposit shall be refunded in full, and the deposit shall be paid directly to the seller.

Legal basis: Civil Code of the People's Republic of China

Article 577:Where one of the parties fails to perform its contractual obligations or its performance 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 578: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 request that it bear liability for breach of contract before the expiration of the performance period.