How to deal with the unfinished building developer, and how to deal with the unfinished building tha

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: Generally Prosecution Processing. First of all, go to the site to understand the actual situation; secondly, find the developer to communicate and ask for solutions; Then you can convene the owners of the same period to discuss rights protection matters; Then according to the results of the discussion, the court will be sued, and after confirming the truth, ** will take over, and then you can organize investment to solve it; Finally wait for compensation.

The legal treatment of the developer's unfinished building. The developer's unfinished building is a breach of contract, and it must bear the corresponding liability for breach of contract in accordance with the Civil Code. Liability for breach of contract shall be determined according to the agreement or specific losses.

If there is an agreement between the developer and the buyer on the liability for breach of contract in the purchase contract, the developer shall bear the corresponding liability for breach of contract in accordance with the purchase contract. If the developer is unwilling to bear the liability for breach of contract, the buyer shall require the developer to bear the corresponding liability for breach of contract through litigation.

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.

Legal analysis: If the developer has overdue delivery of the house and the house is unfinished, the buyer should first collect relevant evidence materials. If the negotiation with the developer fails, it is necessary to file a lawsuit as soon as possible to protect your legitimate rights and interests.

If the developer is already insolvent, the buyer should file a lawsuit as soon as possible to establish his claim. The court will carry out judicial seizure of the developer's property, and then repay the buyer the purchase price by selling the property. If the buyer does not want to terminate the purchase contract, but wants the developer to continue to perform, it can be resolved by reflecting to the relevant departments.

**The relevant authorities can step in and coordinate so that the developer can resume construction as soon as possible.

Legal basis: 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, a reasonable period of time for exercising the right of rescission shall be 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 the losses caused by 30 percent; 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 If 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 damages for losses, the amount of liquidated damages or the amount of damages may be determined with reference to the following standards: if the payment is overdue, it shall be calculated according to the total amount of the unpaid purchase price 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 purpose of the commercial housing guarantee loan contract cannot be realized because the contract for the sale and purchase of commercial housing is confirmed to be invalid or revoked or dissolved, and the parties request to terminate the loan contract for commercial housing, it shall be supported.

In the case of open runaway, the house cannot be built without follow-up capital investment, resulting in unfinished buildings, so how to deal with the unfinished buildings that the developer has run? Let's take a look.

1. How to deal with the unfinished building that the developer ran away.

Generally, it is handled by prosecution. First of all, go to the site to understand the actual situation; secondly, find the developer to communicate and ask for solutions; Then you can convene the owners of the same period to discuss rights protection matters; Then according to the results of the discussion, the court will be sued, and after confirming the truth, ** will take over, and then you can organize investment to solve it; Finally wait for compensation.

Second, what should the developer pay attention to when there is an unfinished building?

1. When many people find out about this situation, they will immediately choose to return the house, which is not correct, because at this time, the developer does not have enough money to pay for this refund, and can only give the owner an IOU, which is not guaranteed.

2. And if you don't check out, the owner belongs to the consumer, so when protecting the rights, it is a bank to protect the rights of the consumer, so that it will be more advantageous to get compensation. After moving out, the owner and the developer are in a debt relationship, so the compensation is a debt compensation.

3. Because this situation is not single, it can be discussed with the owners at the same time, so that in the case of unity of opinion, we can work together to better protect our rights and minimize the loss. When it is found that it is unfinished, it can be investigated first, because if the prescription has a way to raise enough funds in a short period of time, the money can be returned in time, so that the loss will be relatively small.

Summary: If it is determined that the developer has run away, then you can file a collective lawsuit with the court, which can shorten the processing time, and you must not rush to check out at this time. How to deal with the unfinished building that the developer ran away and the precautions for the unfinished building are introduced here, I hope the above content can help you.