How to protect rights in the face of unfinished buildings in life?

I don't know when it started, and there is a saying that "the rights are protected when the house is handed over". When buying a house, buyers are worried that the house they have spent most of their savings on will encounter rights protection. In the delay of delivery, property disputes, housing quality and property disputes, uncompleted residential flats are worrying.

Owners' collective rights protection is often manifested as "a large number of people, but scattered sand;" Morale is high, but it can't last long; Need unity, but fall apart; Eager for success, but mostly wait and see; The more you pay, the more sad you are; I hope to petition, but it is far away. "The situation.

What should I do if I buy an unfinished building? How to defend rights?

1, do not check out.

If developers repeatedly delay the delivery time and encounter a "unfinished" crisis, buyers must not return a house as agreed in the purchase contract. Because the developer doesn't have much money at this time, after checking out, he can't get the purchase money immediately, only get a receipt or an iou. The relationship between buyers and developers will change from buying and selling to creditor's rights and debts.

Step 2 reduce losses

If there is a possibility that the property is "unfinished", don't rush to sue the court first, give the developer some time to see if he can raise funds to complete the follow-up project in a short time and reduce possible losses.

3. Qi Xin works together

Don't worry about rioting. Although you are in a hurry, you don't have to worry about going to the hospital. Making trouble will not solve the problem, but will radicalize it. If the owner decides to sue the developer, he must unite and work together with Qixin. Don't break up. If only a part of the owners go to court and win the case, they will be compensated; Other owners who fail to sue in time may not get compensation in the end. After a period of time, if the developer still fails to raise enough funds to complete the project, the developer should apply to the court for bankruptcy protection. After the court analyzed the company's production and auctioned it, it obtained the funds for the subsequent completion of the project.

4. Talk to the bank first to see if you can apply to the bank to stop lending and see if you can not repay the mortgage temporarily.

Because the loan is a debt owed to the bank and has nothing to do with the housing developer, the loan must be changed. If not, it will also affect the credit information. So let's see if we can apply for loan suspension, and try not to urge you to repay the mortgage as soon as possible.

What if the developer goes bankrupt?

Developers have to declare bankruptcy because of insolvency, mainly in the following two situations.

(1) If the house has not been built when it is declared bankrupt, it will lead to the developers failing to fulfill their responsibilities to the buyers. Mortgage loan and installment payment have different effects on housing ownership. Property buyers should pay attention to whether the sales procedures and property rights of the house are clear when buying a house; Whether the house has a property right certificate and a sales license; Whether or not to mortgage, the mortgage period and how to cancel the mortgage; If it is an auction house, it should be clear whether the property rights transfer procedures have been handled. When you are not sure, you must consult a lawyer.

(2) If the house has been built after the bankruptcy of the developer, the buyer can apply to the housing management department for real estate license/immovable property certificate according to the procedures.

Buyers can go to the industrial and commercial department to inquire whether the real estate enterprise has been cancelled in accordance with legal procedures; If it has been cancelled according to law, you can apply for real estate license/real estate license with the original commercial housing sales contract, personal ID card and other relevant materials issued by the industrial and commercial departments.

(3) Don't return the house to the real estate enterprise, because after check-out, the buyer can't get the purchase price, only get the receipt or the loan, and the contact between the buyer and the real estate enterprise will change from business contact to creditor's rights and debts. Suppose a real estate enterprise has to declare bankruptcy due to insolvency, and its property will be auctioned by the court. According to the bankruptcy law, consumers can get compensation from real estate enterprises more easily than ordinary creditors. )

(Liquidation Order: The cash obtained from compulsory execution of the property of the respondent shall be paid off in time. If there are more than one applicant, the person subjected to execution of the people's court shall distribute them in accordance with the legal liquidation order, instead of adopting the method of equal distribution. The order is as follows: First, repay the salary and living expenses owed to the applicant; Second, repay the taxes owed to the country; Then pay off other debts. First satisfy the creditor's rights of the applicant in the previous order, and then satisfy the creditor's rights of the applicant in the latter order)

How can we prevent this from happening when buying a house?

Choose a powerful brand developer and pay attention to whether the five certificates are complete when buying a house.

When buying a house, it is recommended that buyers choose a property with 2/3 of the main project completed, so that the risk of unfinished business is smaller. Therefore, when buying a house, we must observe more and pay more attention to prevent problems before they happen and prevent the risk of unfinished business.