If the building is unfinished, what should the owner do, and what should the owner do if the house i

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.

Together with other customers who have also purchased the property, they can apply to move out and ask the other party to return the house payment, and then the customer can use the other party's return to offset the remaining outstanding mortgage.

Pay attention to depositing funds into the repayment bank card regularly to ensure that the balance in the monthly repayment is sufficient, so that the bank can smoothly deduct the corresponding amount from the card for repayment on the repayment date of each month to avoid overdue.

The off-plan property bought with the loan is unfinished, and the customer still needs to repay the mortgage, and he has to repay it. After all, the customer has already established a loan relationship with the bank, and the bank has fulfilled the loan obligation, the customer naturally needs to bear the repayment responsibility, and will not terminate because the real estate developer's real estate development problems. If the user has handled the provident fund hedging loan repayment business, the system will deduct the balance from the provident fund account to repay the mortgage (there are two ways: monthly and annual), and the balance in the provident fund account will be insufficient before the money will be deducted from the repayment bank card.

If the building is unfinished, the owner can only complain to the relevant department and ask the developer to continue to build the house.

If the house is unfinished, if the owner has paid the full amount and cannot deliver the house due to the unfinished house, the house sale contract can be terminated at the expiration of the three-month period after the reminder. If the developer fails to complete the property due to bankruptcy, the buyer can file a claim.

Paragraph 1 of Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts stipulates that, in accordance with the provisions of Article 563 of the Civil Code, if the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

1. What are the requirements for terminating the contract for the sale and purchase of a house?

1. The seller mortgages without authorization, and after the conclusion of the contract for the sale and purchase of the commercial house, the seller mortgages the house to a third party without informing the buyer;

2. One house is sold twice, and after the contract for the sale and purchase of the commercial house is concluded, the seller sells the house to a third party;

3. The quality of the main structure of the house is unqualified, and it cannot be delivered for use because the quality of the main structure of the house is unqualified; After the house is delivered for use, the quality of the main structure of the house is verified to be unqualified;

4. There are serious quality problems in the house, which seriously affects the normal residential use due to the quality of the house;

5. The error of the area of the house exceeds a reasonable limit, and the construction area or construction area of the house package delivered by the seller is inconsistent with the area agreed in the contract for the sale and purchase of commercial housing, and the area error exceeds 3% of the absolute value, unless otherwise agreed by the buyer and the seller;

6. The seller delays the delivery of the house, the seller delays the delivery of the house, or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded.

2. What should I do if the delivery of the new house is delayed?

1. Require the developer to deliver the house as soon as possible and pay the liquidated damages for late delivery. The majority of owners can sue the developer according to the agreement in the contract, require them to deliver the house as soon as possible, and pay liquidated damages for late delivery according to the actual losses of the owner.

2. The owner has the right to terminate the contract. According to the law, if the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of one of the parties to terminate the contract shall be supported, unless otherwise agreed by the parties.

If it is due to the developer's capital chain and other reasons, the owner can choose to terminate the contract in accordance with the law or according to the agreement and ask the developer to return the "purchase price + interest + liquidated damages".

Paragraph 1 of Article 11 of the Interpretation 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.

According to Article 563 of the Civil Code, if the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

Legal analysis: 1. Clarify the ownership of property rights 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, and there is a problem of property ownership, therefore, we must protect our legitimate rights and interests through legal channels. 2. After the joint negotiation and rights protection clarifies the issue of property ownership, it is necessary to obtain legal support to a greater extent together with other owners as much as possible.

If the purchased property is only "unfinished", it can test the developer a little time, and if it can raise funds in a short period of time to complete the follow-up works, the loss of buyers can be minimized. 3. Trust **Regarding unfinished buildings, ** will intervene in different ways according to different situations: (1) if there is a lack of funds, ** will raise funds or introduce partners by the enterprise within the time limit.

2) If there is a violation of laws and regulations, ** will be required to rectify within the specified date. (3) If it involves economic disputes and wants to file a lawsuit, ** will also intervene. (4) Regarding the developer's bankruptcy or failure to continue construction after best efforts, the project will be recovered in accordance with the law and external bidding, or the developer will find a receiver by himself.

Legal basis: Article 33 of the "Measures of the People's Republic of China for Housing Registration" shall submit the following materials to apply for registration of the transfer of housing ownership: (1) Application for registration; (2) Proof of the applicant's identity; (3) Housing ownership certificate or real estate right certificate; (4) Materials proving that the ownership of the house has been transferred; (5) Other necessary materials.

The materials in item (4) of the preceding paragraph may be sales contracts, exchange contracts, gift contracts, bequest certificates, inheritance certificates, division agreements, merger agreements, legal documents effective by the people's courts or arbitration commissions, or other materials proving the transfer of ownership of the house.

<>1. The developer's capital chain is broken, causing the house to be unfinished. In this case, the developer should be found to negotiate first, and if the developer can find funds for construction in a short time, the developer can be given time to wait and complete the subsequent construction work. 2. The developer went bankrupt, causing the house to be unfinished.

In this case, it is necessary to protect rights, and it is very important to determine the ownership of one's property rights through legal legal advice, and to be able to request the property management department to process the property ownership certificate in accordance with the procedures, and to clarify the property rights can get more legal support.

If the house is unfinished, the owner can deal with it in the following ways:

First of all, if it is only the developer's funds that are broken, the developer's situation 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.

According to Article 577 of the Civil Code of the People's Republic of China, which came into effect in 2021, 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 stipulates 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, the other party shall compensate for the losses if the other party has other losses after performing the obligations or taking remedial measures.

1. How to compensate for the buyer's breach of contract for the sale of the house.

In the house sale contract, if the buyer breaches the contract, the seller shall bear the liability for breach of contract agreed in the contract, and if the contract does not stipulate, the seller may also require the seller to bear the corresponding liability for damages, and the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract.

According to Article 577 of the Civil Code implemented in 2021, 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 584 stipulates 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, resulting in losses to the other party, the amount of compensation for the losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

2. What is a contract loss?

Contract losses include losses caused by breach of contract and benefits that can be obtained after the performance of the contract. 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 577 of the Civil Code stipulates that if a party 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 stipulates that if 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 it to bear the liability for breach of contract before the expiration of the performance period.

Article 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 583.

If 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.