What should I do if the house that has been filed is unfinished?

If the house that has been filed is unfinished, the developer may be held liable for breach of contract for late delivery or contract termination in accordance with the contract.

Most of the unfinished buildings are due to the rupture of the capital chain and the unfinished project, at this time the developer has no money to continue to build the house, which leads to the suspension of the real estate and cannot be built again. After the completion of the house, buyers should pay attention to the analysis of the specific situation and then decide whether to check out, if the developer has no money, it is difficult to get the money to check out.

There are four ways to deal with "unfinished buildings" projects.

1. Continuation of the project. If it meets the requirements of current planning, building safety, ecological redline control, etc., the project can be continued on the basis of not demolishing the original project.

2. Demolition and reconstruction. If it does not meet the current planning, building safety or market demand, the project can be demolished and rebuilt.

3. Comprehensive rectification. If the urban landscape is seriously affected and cannot be revitalized within the required time limit, the real estate owner of the project shall be responsible for remediation or demolition and greening.

4. **Takeback. If the conditions of land resumption are met, the land use right and above-ground and underground buildings (structures) shall be recovered free of charge or paid in accordance with the law.

If the house has been filed but is unfinished, the developer can be held liable for breach of contract through legal channels. Because the house has been recorded, it means that the house sale contract has come into effect, if the developer does not deliver the house within the relevant time, the developer can be held liable for breach of contract for late delivery in accordance with the contract and propose relevant compensation.

There is one more thing to noteWhen the house is unfinished, because it involves a loan debt relationship with the bank, the unfinished property does not affect the direct loan relationship between the owner and the bank, so do not stop repaying the loan privately, so as not to affect your credit history. And before the delivery of the house, we must always pay attention to the news of the real estate, if you can, you can even occasionally go to the project site to see how the progress of the project is, once there is a problem to respond in time to be held accountable, do not drag, it will be more difficult to deal with it for a long time.

How to save yourself after buying 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.

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.

1. Wait for a new developer to take over: Generally, when there is an unfinished building, the local ** will look for a new developer to take over. It's just that this waiting process is unknown, and many times it depends on luck.

Some unfinished real estate projects have waited for several years and no one has taken over, and some only need to wait a few months for high-quality developers to take over. After a new developer comes to take over, the buyer can continue to fulfill the previous purchase contract.

2. Check out with pain: Very few people will choose this method. It is difficult to get the down payment back after the developer runs away, but some friends with mortgage pressure will choose this method.

Although the down payment will not be returned, there is no need to pay off the mortgage for an unfinished building every month.

Precautions for buying a house to avoid unfinished houses

1. Choose a developer with good qualifications: 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. 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, it means that the developer's strength is still relatively strong, and the probability of unfinished production is also the lowest.

2. Complete five certificates: real estate developers want to build and sell houses, then they must have five complete certificates, and the houses sold without a license on the market are indeed cheap, but this kind of house is relatively more risky, so remind everyone to check the five certificates when buying a house.

3. Pay attention to the sales of real estate: Although there are some real estate projects in the market that deliberately create hot sales, the actual sales of real estate can indeed reflect the quality of a real estate, and buyers can check the annual report of the developer. The developer's annual report is a window into the developer's economic strength.

A developer with high annual profits and stable operation conditions will basically not have unfinished buildings, lack of money and run away.

How to deal with the unfinished house that has been filed:

1. Continue to wait for delivery.

Although this road seems a bit nonsensical, I believe that this is also a helpless move for many home buyers. If the purchased real estate is only "unfinished", in fact, the buyer can give the developer a little time, if the developer can raise funds in a short period of time, complete the follow-up project, the loss can be minimized.

Although this road is full of helplessness and has great unknown variables, it may be the best choice for many home buyers.

2. Sue the developer.

There are two options for the buyer to sue the developer: one is to request the termination of the contract, and the litigation demands are: to terminate the sales contract, return the down payment for the purchase, and pay liquidated damages; The second is to require the contract to continue to be performed, and the litigation claim is:

The defendant was ordered to continue to perform the contract for the sale and purchase of commercial housing, and to handle the registration of property rights for the plaintiff.

Avoid buying unfinished buildings:

1. Buy an existing house.

This is the most direct way to avoid unfinished buildings, because the existing house is visible and tangible, under normal circumstances, you can go through the delivery procedures after the loan, and you can start moving in if you take this key for decoration. In general, the internal planning of the existing housing community is clear at a glance, and you can be more assured if you buy an existing house.

2. Choose a brand developer.

If you choose a well-known developer, you can avoid many potential risks. Because the development strength of the big developer's brand real estate enterprises is strong, the funds are sufficient, and the quality is more guaranteed, at the same time, the brand real estate enterprises have better property management services and higher living comfort.

3. Inspect the strength and reputation of the developer.

When the real estate project is under construction, it is necessary to focus on whether it is a brand development real estate enterprise. Generally speaking, brand real estate enterprises in the process, one is to have rich experience, the other is to have strong financial strength, in a short period of time, the possibility of capital chain breakage is not large, and small and medium-sized real estate enterprises are like duckweed, is unable to control the ups and downs of the industry. So be cautious when choosing!

If the developer goes bankrupt and the building is not finished, the house must not be returned to the developer。Because after checking out, the buyer 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.

The creditor-debtor relationship has a lower priority than the consumer relationship in the subsequent auction bankruptcy and debt repayment sequence of the court. In accordance with the contract, the developer can be held liable for breach of contract for late delivery or contract termination.

1. If the developer does not file after signing online, this is not in accordance with the regulations, and the joint effect of online signing and filing is to eliminate the phenomenon of multiple sales of one house. However, the online signature does not have the legal effect of filing, and is only for the purpose of achieving the management effect of filing.

After handling the online signature, if you want to achieve the legal effect of filing, you must also go to the local real estate registration agency to go through the filing and registration procedures. If the developer does not file after signing online, it can be handled by complaint or lawsuit, so as to protect its legitimate rights and interests.

2. Generally speaking, the developer should file within 7 days after signing online, if the record is not filed for a long time, it may be due to the following reasons:

1) Something went wrong with the developer.

2) The efficiency of the housing authority, strictly speaking, is really not as low as this.

3) Whether there is a problem with the qualifications of the individual to buy a house. It is recommended to consult the housing authority.

The following principles should be followed in the disposal of unfinished building projects

1) ** promotion and market operation. **Provide policy guidance and support, use market means, give full play to the role of market players, and solve project problems through market-oriented operation.

2) Disposition, planning and guidance in accordance with law. Strictly follow the provisions of laws and regulations, promote rectification and handling work in accordance with laws and regulations, and give reasonable planning guidance and support on the premise of safeguarding urban planning and public interests.

3) Categorical processing, step by step. According to the different project areas, locations, types and functions, they will be handled differently and promoted by classification. Focus on solving projects located in key areas that have a greater impact on the urban landscape, and the rest will be gradually digested and processed by market players.

The house that has been filed is unfinished, and the solution is as follows:

If the developer goes bankrupt and the building is not finished, it is important not to return the property to the developer, because after moving out, the buyer will only get a receipt or IOU.

The relationship between the buyer and the developer will change from a buyer-seller relationship to a creditor-debtor relationship, and the creditor-debtor relationship will have a lower priority than the consumer relationship in the subsequent auction bankruptcy and debt repayment sequence of the court, and the developer may be held liable for breach of contract for late delivery or contract termination in accordance with the contract.

If the developer does not file after signing online, this is not in accordance with the regulations, and the joint effect of online signing and filing is to eliminate the phenomenon of multiple sales of one house, but the online signature does not have the legal effect of filing, just to achieve the management effect of filing.

If the developer does not file after the online signing, he can deal with it by complaint or lawsuit, so as to protect his legitimate rights and interests.

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Hello! 1.The house for the record is unfinished** will deal with it.

2.Don't be in a hurry to check out, if it is an unfinished check-out caused by the broken capital chain of the developer, you can't get the purchase price immediately when you check out, you can only get a receipt or chain. In accordance with the contract, the developer may be held liable for breach of contract for late delivery or contract termination.

3.If the developer can raise funds in a short period of time, do not rush to sue the court, if not, decide to sue, then work together. 4.

You can consult a local lawyer for details! He will give you a prepared answer based on the actual situation!

After the house has been unfinished, it is not recommended that you return the house to the developer, because the relationship between the buyer and the developer has changed after the check-out, and the buyer can only take the receipt or IOU, and the relationship between the buyer and the seller has changed from the relationship of sale to the relationship of creditor's rights and debts, and in this case, if the developer's house is auctioned, the creditor's rights and debts relationship is after the sale and purchase relationship, and the possibility of compensation is lower, and the priority will be lower than the relationship of consumers.

The house that has been recorded, indicating that the developer's qualifications are complete when the record is filed, it may be because of the rupture of the capital chain and the house is unfinished, you can first understand whether it is a short exercise, or a long time to raise funds, if it is temporary, you can wait for a while, if it is a long time, you can file a complaint with the local ** department to protect your legitimate rights and interests, and when solving the unfinished building, it is best to gather other owners to complain to the ** department of the chain. Jiwu real estate encyclopedia, more must know to buy a house.

If the registered house has been unfinished, then do not return the house to the developer in a hurry at this time, once you return the house to the developer, you can only get the developer's receipt or IOU. Generally, in this case, the developer should be held accountable in accordance with the provisions in the contract, and the developer should be required to terminate the contract or pay the corresponding liquidated damages, and all the owners should work together to solve the problem after the completion of the contract, so as to speed up the processing. When choosing a house, it is best to choose a house with complete five certificates, especially a big brand developer, so as to avoid the situation of unfinished houses as much as possible.

A precursor to a house ruin?

1. There will be a big price reduction, the reason why the general real estate will be unfinished is mainly because the capital chain is broken, so in order to have more liquidity, developers will often reduce the price of the big **, so as to attract more people to buy a house.

2. In addition, the name of the real estate will be changed frequently, under normal circumstances, the main reason for the name of the real estate is because there are three, either the real estate has been exposed to negative news, or the sales of the real estate are relatively poor, and the main body of the development is not good and the company is sold to others.

3. Finally, if the documents of the building crack are not complete, it is easy to be unfinished.

What should the owner do if the house is unfinished?

The house is unfinished, and the owner should use the law to protect his legitimate rights and interests. If the developer is only temporarily in financial difficulties, you can give them some time, if the developer's funds are broken, resulting in the unfinished commercial housing, you can file a lawsuit with the court, which is a unilateral breach of contract by the developer, and the developer can not build the house on time and deliver the house in accordance with the contract, at this time, the developer shall bear all the responsibilities, and also need to pay a certain amount of liquidated damages to the buyer according to the contract; Buyers can also ask for help and ask for intervention to solve the problem.