How to solve the unfinished house, and how to deal with the unfinished house in the end

If the house is unfinished, you can directly sue the developer for breach of contract in court.

If the house is unfinished, the owner can deal with it in the following ways, first, if it is only the developer's funds are broken, the situation of the developer can be understood through negotiation between the two parties, and if the developer can raise funds in a short time and complete the follow-up project, the unfinished house can be resurrected.

Secondly, if the developer goes bankrupt and the building is unfinished, it can directly sue the developer for breach of contract in court. Since there are relatively few buyers who buy real estate with a one-time payment, most of them are mortgages or installments, therefore, the purchase of ** has become an unfinished building, there is a problem of property ownership, therefore, we must go through legal channels to protect their legitimate rights and interests.

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.

Relevant Legal Basis

Article 577 of the Civil Code of the People's Republic of China provides that 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 583:Where one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses.

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 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 provides that 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.