What should I do if the house is delayed and the end is rotten? Can the buyer only admit to the loss? No, there are two ways to solve it
At present, what problems are buyers most afraid of encountering? Delayed delivery and rotten ending. But this problem seems to be unavoidable, and it is a high probability of happening for some housing companies. But for buyers, these two realities that may occur after buying a house must be known.
At the meeting in February this year, Evergrande Xu Jiayin proposed to deliver 70 million square meters of housing within the year, which is about 600,000 sets overall, that is to say, evergrande will complete the delivery target of 600,000 sets in 2022.
In this regard, many people have begun to question, can the real estate of a chicken feather be delivered?
From the reality of the situation in the real estate market is very bad, there are buyers overnight loss of 300,000 down payment, while many housing enterprises frequently appear debt defaults, while the proportion of house shutdowns is getting higher and higher, for buyers, facing hard work to save money to repay the loan, but has been losing money, the house may rot the risk. It is particularly important to repay the loan every month, and if you refuse to repay the loan, it is likely that you will be repaid by the bank and your transportation will be restricted.
So for buyers, once they encounter a rotten building, they really can't solve it, do they think they are unlucky?
In fact, not necessarily, some buyers have seen hope.
According to the Daily News Network, in 2014, Mr. Li bought a villa and began to repay the loan after paying the down payment, but soon the developer had problems and could not accommodate the delivery of the house, and then the developer directly closed its doors and went bankrupt.
Therefore, in this case of hopeless collection and the developer's bankruptcy, Mr. Li could not obtain the house and decided not to repay the loan. Therefore, he was sued by the bank and demanded that the loan continue to be repaid. But in the end, something dramatic happened, although the court asked Mr. Li to repay the 2.2 million yuan mortgage to the bank at one time in the first instance, but Mr. Li was very dissatisfied, and finally in the second instance judgment, the maternity loan that the bank required the owner to return was not established and did not support it. And the developer entered bankruptcy liquidation, unable to deliver the house to the buyer, resulting in the termination of the contract for the sale and purchase of commercial housing, so the buyer's request to terminate the personal purchase loan and guarantee contract should be supported, therefore, the developer should bear the remaining loan and repayment.
However, the basis of this judgment is the dispute over the contract for the sale and purchase of commercial housing, the core of which is: the sale and purchase of commercial housing is invalid or revoked, the guarantee loan for commercial housing is also revoked, the sale of the house should return the purchase price to the buyer, and should bear the loan and interest for the purchase of the house.
Therefore, it is difficult for such "hopeless people to collect the house" to replicate this practice.
Second understands that being able to waive the remaining house payment is already a blessing for Mr. Li. Although the down payment and the loan paid cannot be returned, it will not be because of the mortgage to become a dishonest person, no longer have to worry about millions of mortgages, but not everyone will have this ending. One of the key premises is that the developer has entered the bankruptcy liquidation stage, there is no buying and selling relationship between the two parties, and the house has not been completed and cannot be delivered.
In reality, the probability of this situation is not high, most of them are developers have a problem with a project, not the housing enterprise has a crisis, so in the judgment, the buyer needs to continue to deliver the loan is this reason. At this time, there is a key problem, when buying a house, if you really encounter the developer can not deliver the house, at this time do not stop providing housing loans, to protect their legitimate rights and interests through legal channels.
Since entering 2021, with a large number of houses delayed delivery or rotten ends, many buyers are facing a trend of anxiety, many people while thinking that they are unlucky, while hoping for a miracle, while continuing to repay the mortgage, and even some buyers because they can not bear the pressure of mortgage + rent, moved into the house that was not built, endured a life without water, electricity and gas. Then in the face of this kind of undeliverable thing, buyers should pay attention to the following two points:
1. Avoid the situation of "two empty money rooms"
How to solve it? Can not deliver the house does not mean that can not be delivered, this time do not easily cut off the supply, it is recommended that it is best to terminate the sale, mortgage contract through legal channels, to determine that the housing enterprises do have the ability to repay, and then stop the monthly payment.
2. The down payment and loan loss should be claimed from the housing enterprise.
This is a method, but it is estimated to be more difficult, since the developer stopped building a house, then naturally there is no money to pay the buyer. Therefore, at this time, it is recommended to seize all the property of the preservation real estate, so as to preserve the legitimate rights and interests of the buyer, so that when there is money, the money will be given to you in advance. Of course, everyone's situation is very different, and it is recommended to turn to a professional.
But now the property market has changed, and these two news have come and really changed.
At present, when buying a house, we should pay attention to the delay in the delivery of the house or the rotten end, not only to solve the problem of the owner and the real estate developer, but also the most fundamental is the sale of the existing house. If the house is sold, then this will reduce the pressure on the buyer, from the long-term point of view, the cancellation of the "pre-sale system" is an inevitable trend, after all, this is the developer's tool for unlimited expansion, through this model of high leverage to buy a house, push up the house price, but also let the quality of housing enterprises decline, resulting in buyers complaining continuously.
Therefore, at present, not only the industry mainly protects its own rights and interests, the state also attaches great importance to this, at the meeting of the Information Office on February 24, 2022, the vice minister of housing and urban-rural development specifically pointed out that in addition to ensuring the delivery of housing, people's livelihood and stability, but also to protect the legitimate rights and interests of buyers to the greatest extent. At the same time, it is necessary to dispose of the debt default of individual housing enterprises to avoid the risk of overdue or rotten real estate projects.
At the same time, the pre-sale system is also changing. For example, Jiangmen issued existing housing management measures in 2018, and on March 7, 2020, Hainan also issued new regulations, stipulating that the land transferred should be sold as existing houses. Although the current sale of existing houses has not yet been implemented, from the current coverage of the area, the Ministry of Housing and Urban-Rural Development requires that the pre-sale funds of each province must be supervised by special accounts, and when the developer will take the money and how much money to take should be decided according to the progress of the project.
Seconds understand that the most core work of the current property market is to hand over the building and deal with the delivery of the house under construction caused by individual developers due to capital problems. The second is the promotion of existing home sales. Now even if the sale of existing houses is a local matter, but the future will be gradually promoted, it is obvious that the property market has been put on a tight curse, developers can not casually occupy funds. The legitimate rights and interests of buyers must not be infringed.
In the long run, the abolition of the pre-sale system is an inevitable trend. Buyers, now have to be ready to buy a house.