If the house is unfinished and the developer goes bankrupt, how should the consumer get back the pur

Generally speaking, the cost of buying a house is very large for many families, and some office workers work hard every day to buy a house of their own. However, if the house you buy is unfinished, then it means that a large amount of your savings are firmly established, not only no savings, but also a mortgage every month, life can be described as miserable, it is estimated that most buyers are unwilling to see this situation. When the house is unfinished and the developer goes bankrupt, the first thing to do is to investigate your own property ownership.

You can go to the administrative department of industry and commerce to inquire about whether the developer is in accordance with the legal procedures when selling the house, and if the developer is legal, then you can take the certificate and the purchase contract.

as well as ID cards.

and other materials to prove the purchase of the house, find the local housing management department for processing. Although the house is unfinished, it will still be in the hands of the owner in the end, and the specific decision is still in the hands of the developer.

Typically, most of the unfinished buildings.

It is inseparable from the supervision of the developer's pre-sale funds, and there are also relevant regulations in China, and the pre-sale funds must be deposited in the supervision account of the pre-sale funds, which are specially used for development and construction until the completion of the house. If, during this time, the developer transfers or misappropriates the pre-sale funds, then the house is likely to be unfinished. Therefore, at this time, if consumers want to get their purchase money back, they must apply to the relevant departments to investigate whether the developer has misappropriated the pre-sale funds.

If the situation is true, the relevant authorities will inevitably be held accountable for this illegal act by the developer.

to process. In addition to this, a civil lawsuit can be filed depending on your own circumstances.

Investigate the liquidated damages for late delivery of the developer.

Even if the developer is bankrupt and has no money to pay the liquidated damages, then the developer must pay the price he deserves. Of course, if the real estate is completely hopeless, you can also sue to terminate the purchase contract and liquidate the developer in bankruptcy.

When exercising the priority of the owner's basic creditor's rights, he strives to get back his purchase price.

Sue the developer, go through the legal process, and let the court give itself justice.

You can sue, but it is more difficult to get your money back, and although you can get priority compensation, it is actually very troublesome to get this compensation.

At present, the incident of unfinished buildings continues to ferment, and it is for consumers' rebates. In fact, it is very difficult to recover, and you can only wait for the restoration of the unfinished building and then deliver.

Developers bankrupt home buyers have the following options:If the developer repeatedly delays the delivery time and encounters a "unfinished" crisis, the buyer must not follow the purchase contract.

Check out as agreed. 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.

If there is a possibility that the real estate is "unfinished", do not rush to the court first, and give the developer a little time to see if it can raise funds in a short period of time, complete the follow-up project, and minimize the possible losses. If the owner decides to sue the developer, it must be united and put 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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1. The house was completed when the developer went bankrupt:

If the house has been completed, there is no need for the developer to invest much in the house, which will not have much impact on the buyer, and the buyer will still be able to move in smoothly under normal circumstances. At this time, the buyer only needs to repay the loan on time like a normal loan to buy a house.

However, buyers should pay attention to the fact that generally at this time the real estate certificate of the house has not been handled, and the buyer must first see whether there is a policy to be introduced. Of course, this process is complicated and hard, and it is still necessary to make these efforts to get the real estate certificate and protect your rights and interests.

2. The house was not completed when the developer went bankrupt:

If the house you are buying is not completed, it is still in the off-plan stage, and neither party has fulfilled the contract, then the buyer does not have ownership of the house. However, if the buyer has paid the full price and the property you purchased is excluded from the estate, the buyer can ask the bankruptcy administrator to transfer ownership of the property and apply to the real estate administration to change the registration of the property.

How to avoid picking a developer who may go bankrupt

1. Qualifications for choosing developers:

The qualification of the developer mainly refers to whether the relevant procedures of the developer are complete, whether the developer has a business license, whether the business license is formal or not, and the information contained in the business license are all things that buyers need to pay attention to. Only the project developed by the developer with complete procedures can be purchased with confidence, and the developer who lacks a formal business license can hardly guarantee that the project will not be unfinished, protect rights, etc.

2. Look at the scale of the developer:

Generally, the developers who can develop a relatively large scale of the community are relatively strong, and the corresponding company scale is bound to be huge, rather than only empty shelves, and buyers are more assured to choose such a developer, and the probability of bankruptcy of such a developer is relatively small. In addition, in terms of property services, strong developers generally own their own properties, from land acquisition to owner occupancy, one-stop service, responsible and dedicated.

3. Look at the developer's reputation:

Buyers can also go to some owner groups or forums to find out, because only owners who have actually bought the developer's house will have more credible evaluations. If the owner's evaluation of the developer is very good, the developer will naturally have a good reputation, which cannot be accumulated in a short period of time.

The developer is bankrupt and the buyer can check out.

In principle, if the buyer buys the house, but encounters the bankruptcy of the developer, in this case the buyer can check out, because the developer is bankrupt, resulting in the owner law to fully obtain the full rights and interests of the house, the buyer can return the house payment after the check-out in accordance with the relevant regulations.

If the developer goes bankrupt after the owner has paid the full amount of the house, the owner can be compensated first. If the owner has only paid the payment and the developer goes bankrupt after signing the contract for the sale and purchase of the commercial house, the owner can request to terminate the contract and return the payment and interest.

Developers bankrupt home buyers' practices:

If the developer goes bankrupt, the developer or creditor may apply for bankruptcy liquidation and set up a liquidation team to clean up the company's claims and debts. Creditors can declare their claims. The process of filing a claim:

After the bankruptcy case is accepted, the creditor shall declare the creditor's rights to the people's court within 30 days after receiving the notice, and within 3 months from the date of announcement if the notice is not received.

If the creditor declares the creditor's rights, it shall explain the amount of the creditor's rights and whether there is any property security, and submit relevant supporting materials. The people's court shall appoint a special person to register the declared creditor's rights. The declared creditor's rights shall be examined and confirmed by the creditors' conference before they are determined.

What happens if the off-plan developer goes bankrupt? Real estate people support a move to reduce losses.

You can terminate the purchase contract and ask the developer to refund the purchase price, but because the developer is bankrupt, you can only declare the claim if you want to refund the purchase price. Article 45 of the Enterprise Bankruptcy Law of the People's Republic of China stipulates that after the people's court accepts the bankruptcy application, it shall determine the time limit for the creditor to declare the creditor's rights. The time limit for declaration of creditor's rights shall be calculated from the date on which the people's court issues the announcement of acceptance of the bankruptcy application, and shall not be less than 30 days and shall not exceed 3 months at the longest.

Article 48 The creditor shall declare the creditor's rights to the manager within the time limit for declaring the creditor's rights determined by the people's court. The wages and medical treatment, disability allowance and bereavement expenses owed by the debtor to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the employees' personal accounts, and the compensation that shall be paid to the employees according to laws and administrative regulations, do not need to be declared, and the manager shall make a list and publicize them after investigation. If employees have objections to the list records, they may request that the manager make corrections; If the manager refuses to make corrections, the employee may file a lawsuit in the people's court.

What should I do if the house I bought is unfinished, will anyone take care of it?

Yes, if it goes bankrupt, ** will bid for new and more powerful developers, but before that, we must first figure out the issue of property rights, and then give the developer a buffer time, maybe after the funds are in place, they will be able to continue construction. If no one cares, you can defend your rights with other owners and wait for a solution.

What to pay attention to when buying a house.

1. First of all, it depends on whether the developer has five certificates, and the house with incomplete five certificates must not be touched, and the developer has no economic strength or cannot obtain the land use certificate and housing pre-sale certificate, etc., then the right house is very unfinished, and it may not be able to deliver the house or handle the property right certificate, so be cautious.

2. According to the regulations of the housing management department, the data on the official real estate must be consistent with the sales control table of all real estate projects on the site. Therefore, before buying a house, you can go to the official website, do your homework, and learn more about the real estate can be **, **, real estate scale, supporting facilities, enterprise development and the exchange rate of the house through the pre-sale system of the project.

3. The developer must use the model text contract in the commercial house, and print the commercial purchase agreement, sign the real estate is a commercial housing sales contract, the standard terms and conditions of the content and the pre-sale contract of the commodity housing development enterprise must also be published on the Internet, clear on the ** sales space, the contract can not have unfair terms, unilaterally increase the buyer's responsibility or exclude the buyer's legal rights, the ownership of commercial housing, property management office, parking facilities and other quality, performance, The conditions of delivery and use, liability for breach of contract, etc., must be clearly agreed.

In principle, if the buyer buys the house but encounters the bankruptcy of the real estate developer, the buyer can request to move out in this case, because the buyer cannot fully obtain the full rights and interests of the house due to the bankruptcy of the real estate developer, and the buyer can receive the refund of the house payment after checking out in accordance with the relevant regulations.

If the property has been delivered, but the property developer is bankrupt and unable to apply for the title deed, the buyer can ask to move out. Although the house has been delivered and the payment has been made, the change of property rights cannot be effected because the transfer of ownership of the house has not been registered.

1. The housing construction procedures are complete, the sales procedures are complete, the contract has been recorded, the completion acceptance and filing procedures are complete, and the real estate certificate can be handled.

2. The initial property right of the whole house has been handled, and the property right transfer procedures can be handled with the contract.

3. There is no large property rights, and the developer is staring at bankruptcy, only through the housing department, when the remaining problems are solved.

After the developer goes bankrupt, it does not affect the buyer and seller relationship, the buyer is the owner of the house and the owner of the real estate certificate, as long as the purchase procedures are complete and the house is legal and compliant, he can still apply to the housing management department for the real estate certificate in accordance with the Kaihui procedures.

If the developer delays the delivery of the house, if the two parties have clearly agreed in the purchase contract on the handling of the late delivery, it can be implemented in accordance with the terms of the contract, if the house cannot be delivered within a certain period of time, the developer needs to pay a certain amount of liquidated damages, and the buyer has the right to check out and claim compensation for the loss, but if there is no agreement in the contract, after the date of delivery, you can exercise your rights and interests after three months, and the house is still not delivered after the reminderThe contract can be terminated within one year from the date of occurrence and the developer is required to pay certain compensation.