What to do if the developer goes bankrupt after buying a house

Legal analysis]: After buying a house, the developer goes bankrupt, and the buyer can check out. Buyers should do their best to obtain maximum legal support with the owner.

The real estate purchased is likely to be unfinished, and you can try to give the developer some time. If the developer can raise funds in a short period of time to complete the follow-up project, the buyer's loss can be minimized. Because after checking out, the buyer cannot get the purchase price, and can only get a receipt or IOU.

The relationship between home buyers and developers will change from a commercial one to a debt one.

Legal basisInterpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing Article 14 If the buyer fails to obtain the certificate of ownership of immovable property within the following time limits due to reasons attributable to the seller, the seller shall bear the liability for breach of contract unless otherwise agreed by the parties: (1) the time limit for handling the registration of immovable property as agreed in the contract for the sale and purchase of commercial housing; (2) If the subject matter of the contract for the sale and purchase of commercial housing is a house that has not yet been completed, it shall be 90 days from the date of delivery of the house; (3) If the subject matter of the contract for the sale and purchase of commercial housing is a completed house, 90 days from the date of conclusion of the contract.

If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

Legal analysis: 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 can not fully obtain the full rights and interests of the house, the buyer can return the house payment after checking out in accordance with the relevant regulations. If the debtor is unable to pay off the debts due, the creditor may apply to the people's court for reorganization or bankruptcy liquidation of the debtor.

After the developer goes bankrupt, if the purchaser buys the house in full, he can have the ownership of the house, and if he has paid the down payment, he can request to terminate the contract and return the down payment.

Legal basis: Article 3 of the Enterprise Bankruptcy Law of the People's Republic of China shall have jurisdiction over bankruptcy cases by the people's court at the place where the debtor is domiciled.

China's real estate industry is very developed, and there are countless real estate companies across the country, so when buying a house, you will face a variety of risks, the biggest of which is the bankruptcy and withdrawal of developers. Every year many real estate companies file for bankruptcy, and those who buy houses will be in a difficult situation, so the developer goes out of business, what will happen to the owner?

1. The developer shall not use the house purchased by the owner as collateral As long as the developer and the owner have signed a sales agreement, then the developer has no right to use the property as collateral, nor has the right to transfer the property, especially after the owner has registered the property and transferred the property, the developer will mortgage the property again, that is, one house and two sales.

2. The owner can request to move out after the owner goes bankrupt Due to the bankruptcy of the developer, the owner can not fully obtain all the benefits of the house, that is, the owner cannot obtain the real estate certificate due to the developer's reasons, at this time, the owner can claim the right to move out and move out.

3. The impact of the developer's bankruptcy on the housing sales contract that has been signed The signing of the commercial housing sales contract is usually carried out at the same time as the down payment is made. At this time, if the developer has gone bankrupt and the contract cannot continue to be performed, the contract is still valid.

According to the contract, this behavior is a breach of contract by the developer, and the developer must return the buyer's deposit and compensate the buyer in accordance with the liability for breach of contract mentioned in the agreement.

Fourth, the developer is bankrupt, the developer needs to repay the bank loan After signing the commercial housing sales contract and the bank's loan agreement, the developer will go bankrupt, and at that time, the borrowing relationship between the bank and the owner will not change because of the accident of the developer, they must pay off the loan, otherwise it will not only affect the credit, but also be auctioned by the bank.

5. The owner who buys a commercial house in full has the right of priority in the event of bankruptcy If the owner buys a house in full or takes out a loan to buy a house, he has paid all the housing payments before delivery, and if the developer goes bankrupt and evacuates the project, the owner can ask for priority repayment. If the owner only pays the down payment, and the developer becomes bankrupt after the contract is signed, then the owner's right of first refusal will not be recognized.

The above is the main content of what to do if the developer goes bankrupt when you buy a house, and I believe that everyone has an understanding of these contents, and I hope it can bring you some help.