How to solve the unfinished house, how to deal with the unfinished house

First of all, it is necessary to find out the reason why the house is unfinished, whether it is because the developer's capital chain is broken, or because the developer violates the rules, or the developer has a major emergency, or the quality of the built house is not up to standard. The solution to the house is as follows:

First, if only the developer's funds are broken, 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.

Second, if the developer goes bankrupt and the building is not finished, the property 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.

Third, after the developer goes bankrupt, the buyer can still apply to the housing management department for the real estate certificate in accordance with the procedure. It's better to have property rights in hand than to get nothing.

Ways to avoid buying unfinished properties

1. It is more stable to choose an existing house.

In fact, the most effective way to avoid unfinished houses is to buy existing houses, because existing houses have already been built, and there will be no unfinished houses at all.

2. Inspect the developer's brand.

Buyers in the early stage of buying a house to understand the situation of the project, focusing on whether it is a big brand developer, these real estate companies in the process, have rich experience, 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, unable to control the ups and downs of the industry.

3. Understand the procedures of the real estate.

In the process of buying a house, buyers should understand whether the developer's various documents are complete. If the five certificates are complete, it will be helpful for applying for property rights certificates and real estate certificates in the future.

The five certificates refer to: "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Certificate", and "Commercial Housing Sales (Pre-sale) License". If the procedures are not complete, I advise you to buy carefully, in case something goes wrong, it is you who suffers.

Don't be greedy for a small gain and suffer a big loss!

4. Find the right time to buy.

To avoid buying an unfinished building, you also need to know when to buy a house. Under normal circumstances, if a project has been completed more than half of it without interruption, then the probability of unfinished in this case is low, and buyers can boldly buy a home. Many owners are in a hurry to buy a house and ignore the construction progress of the project, but they don't know that the failure to start construction may be a problem in the middle.

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.

There is no solution, except to wait and consider yourself unlucky. When you go to anyone or any department for help, you are moving out of the theory and suggesting that you solve it through legal means, but it is not really useful. Just spend a lot of money to buy a lesson.

OK.

In most cases, unfinished buildings refer to projects that have not yet been completed and have been suspended, some buyers are lucky, the house has been capped, and there are some small details that have not been dealt with well, and the conditions for delivery cannot be met, but the house can still be occupied.

If there is no new developer to take over, the buyer will lose money, and the buyer can apply to check out of the unfinished building.

If the house is unfinished, you can ask the engineering team that built the house for you to return a part of the money to you, so as to avoid your loss as much as possible, and then you can find a more reliable renovation team to rebuild the house for you.

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The method is as follows: 1. The buyer checks whether the house is registered or not: For the buyer, you can first go to the industrial and commercial bureau to check whether the house is registered, and then bring the relevant documents and the original sales contract to the housing authority to apply for the real estate certificate.

2. The developer completes the construction of the project: For the developer, the construction of the project should be completed as much as possible, and if it cannot continue, it can apply for bankruptcy, bidding and other ways to change hands, and then wait for the receiver to deal with various payments. 3. The buyer clarifies the condition of the house

It should be noted here that after the buyer finds out that the project is unfinished, do not be anxious, you can inquire about the situation first, and do not return the house. Because at this time, the developer does not have enough money to repay the buyer, and at this time, it can only get a receipt, and the relationship becomes a debt relationship. However, in the future, when various payments are disposed of, the consumption money will be processed first, and the debt payment will be disposed of first.

4. Make a choice for rights protection: After the owner finds that his real estate is unfinished, whether checking out is the best choice for rights protection depends on different situations. If the developer still has funds in his account, or can have his own way to pay for the house, the owner files a lawsuit with the court to ask for the property to move out, and then takes the money from the developer or applies to the court to enforce the payment and leave, the owner's rights and interests can be satisfied to a large extent.

There are generally three ways to deal with the unfinished house in the end:

1. If the unfinished building is auctioned, the buyer will get the corresponding compensation.

2. Ask the local ** to help solve it, ** help recruit partners, and continue the project.

3. It is the owners who unite to go to the court to sue the developer, so that they can get the compensation they deserve and use the law to protect their legitimate rights and interests.

If the developer is only temporarily in difficulty with turnover, you can wait for a period of time, if the funds are completely broken and you are unable to fulfill the obligation to deliver the house, you need to go to the court as soon as possible to sue and protect your legitimate rights and interests.

In addition, the unfinished building ** is responsible.

There is a regulatory responsibility, after all, the developer gets the plot from the relevant departments, and then pays a certain amount of deposit before you can start to build the house, after the house is built partially, you will get the sales license, so that you can start to the outside world, the house at this time is called off-plan, during which the relevant functional departments are obliged to supervise the progress of the project.

If you are unfortunate enough to buy an unfinished building, then don't worry too much, after all, the local ** dust cong will definitely come forward to solve it, and the developer will also pay a full amount of deposit before, enough to pay, in such a situation, you should unite and ask for help from the relevant departments. However, once the house is unfinished, it is more difficult to defend rights even if it is to sue the developer. Shenliang.

Legal analysisGenerally, there are the following situations: 1. If the reason for the developer's unfinished building is due to its own economic shortage or the rupture of the economic chain, then these unfinished buildings will generally be transferred through auction or found to find a new developer to jointly develop.

2. ** intervene, after the house is unfinished, you can go to the city and district ** to find a financing platform to unseal and re-mortgage and resume work. Local** will use different methods to interfere according to different situations.

Legal basisArticle 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. 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.

Article 579:Where one of the parties fails to pay the price, remuneration, rent, or interest, or fails to perform other monetary debts, the other party may request payment from the other party.

If the house you purchased is unfinished, you should take the following measures: 1. Understand the terms of the contract: Check the terms of the purchase contract regarding the delivery period, quality assurance, etc., and understand the responsibilities and obligations of the developer.

If there is an agreement in the contract, it is possible to make a claim to the developer on this basis. 2. Negotiate with the developer: First of all, you can negotiate with the Kaiqin slippery developer and require the developer to fulfill its obligations in accordance with the contract and complete the housing construction work as soon as possible.

The developer can be asked to provide a specific timetable and plan, and agree on the liability for breach of contract and the form of compensation. 3. Seek legal assistance: If the negotiation with the developer fails, you can seek legal assistance from the relevant departments or lawyers.

You can file a complaint with the local housing construction department, consumer association or other relevant departments, and request the relevant departments to intervene in the investigation and handling. 4. Request to terminate the contract: If the developer is unable to perform its obligations as agreed, it can request the developer to terminate the contract, and request a refund of the money already paid and compensation for the corresponding losses.

If the developer refuses to terminate the contract, it can defend its rights through legal means.