What should the owner do if the house is rotten?

The house is rotten, and the owner's treatment method is as follows:

1, auction, if the developer is insolvent, declares bankruptcy, and the house is already in the crisis of unfinished business, then the developer's finance will be auctioned by the court. According to the bankruptcy law, buyers are more likely to wait for compensation from some real estate companies than creditors;

2. compensation. If the real estate project is unfinished, the owner must reach an agreement with Qixin and go to court to sue the developer in order to get compensation. If the owner is not Qixin, the court can't handle it and may not get compensation;

3, financing, if the house you buy is only likely to be unfinished, you can give developers more time to raise funds to return to work, after the project is completed, you can reduce the losses of buyers;

4. Seek help from the government, and the municipal and district governments will find a financing platform to unblock and re-mortgage. The local government will intervene in different ways according to different situations. If developers are short of funds, the government will ask enterprises to raise funds or introduce partners. If it is illegal, then the government will require it to make rectification within the specified time;

5. If it is because the developer's funds have an accident, they can negotiate with each other to understand the developer's situation;

6. If the developer goes bankrupt and the building is not completed, you can directly sue the developer for breach of contract;

7. You can check out, but you can only apply for check out after discussing with the developer. Both parties can reach an agreement to check out.

First, how to avoid uncompleted residential flats when buying a house

1, comprehensive investigation of developer strength:

The developer's development qualification grade is judged from the aspects of registered capital and development qualification. The qualification level is divided into four levels, with the highest level and the lowest level. If the developer's qualification is one or two, it means that the developer's strength is still relatively strong. If you choose such a developer, the probability of unfinished property is the lowest;

2. Investigate the reputation of the developer:

Then some local developers, with similar strength, may have three or four levels of development qualification, so they can't buy them? Not necessarily! Especially in places like prefecture-level cities and county towns, developers are mostly local developers. If you don't buy theirs, then the choice of buying a house is very small. First of all, look at the reputation of developers. Local developers should have a certain influence in the local area, and friends and relatives have any impressions and opinions on them. Through this, you will probably have a little understanding. The other is to understand the real estate developed by the developer in the past, and to understand the developer's engineering quality, property management and whether to hand over the house on time from the owners who have already moved in;

3, understand the project construction procedures:

A house that can be legally sold should have complete "five certificates". Five certificates include state-owned land use certificate, construction land planning permit, construction project planning permit, construction project construction permit and commercial housing sales (pre-sale) permit. Buying a house with complete "five certificates" will not only help to avoid uncompleted residential flats, but also help to apply for property certificates later. If the "five certificates" are incomplete, which means that the housing procedures are incomplete, then the property right certificate will not be smooth, or even drag on for a long time;

4. Grasp the opportunity to buy a house:

According to statistics, when two-thirds of the main building projects have been completed, the probability of unfinished projects may be generally low. Some friends who bought houses were lured by the low price of internal subscription and unit group purchase, and rushed to pay before the foundation of the project. As we all know, not starting work means that the procedures are not in place, and whether the plan can be passed is still unknown. Especially in the reconstruction of villages in cities, there are more unexpected risks;

Second, the compensation method for the owner of uncompleted residential flats to return a house is as follows:

1. If both parties agree on liquidated damages in the contract, the developer shall make compensation according to the agreement;

2. Check out, buyers who use one-time payment can directly ask the developer to refund the house price and the corresponding interest, but the situation of buying a house through mortgage loans and provident fund loans is relatively complicated.

3. The check-out process of unfinished house owners is as follows:

1. The buyer sends a return notice to the developer by registered mail, fax or telephone;

2. Urge the developer to handle all procedures for the cancellation or termination of the contract between the buyer and the loan bank within 15 days after the request for house return is made;

3. Urge the developer to return all the purchase money to the purchaser;

4 to the provident fund management institutions or loan banks to stop repayment procedures.

In short, if only the developer's funds are broken, give the developer some time, if the developer can raise funds in a short time to complete the follow-up project. If the developer goes bankrupt and the building is not finished, the house cannot be returned to the developer. Because after checking out, buyers can only get receipts or IOUs. The relationship between buyers and developers will change from buying and selling to creditor's rights and debts. The relationship between creditor's rights and debts is lower than that of consumption in the order of court auction, bankruptcy and debt repayment.

legal ground

People's Republic of China (PRC) Civil Code

Article 577 Where a party fails to perform its contractual obligations or fails to perform its contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.