With the continuous development and adjustment of the real estate market, problems such as bankruptcy of developers and unfinished buildings have become increasingly prominent, and the rights and interests of buyers have been seriously affected. In this case, how to protect the rights and interests of the owners of unfinished buildings and who pays for the buyers has become an urgent problem to be solved.
1. The developer goes bankrupt, and the rights and interests of the owners of the unfinished building are guaranteed
1. Legal Paths. According to the relevant provisions of the Contract Law of the People's Republic of China and the Property Law of the People's Republic of China, the purchase contract signed between the buyer and the developer is protected by law. The buyer applies for a loan from the bank in accordance with the contract, and the bank agrees to lend, and the buyer forms a lending relationship with the bank. Therefore, when the purchase contract is valid, the buyer should continue to repay the mortgage in accordance with the contract. At the same time, the buyer can recover from the developer in accordance with the law and require him to bear the liability for breach of contract, including paying liquidated damages and compensating for losses.
2. Government intervention. In the case of unfinished buildings, the government should give full play to its regulatory functions, investigate bankrupt developers, recover their illegal gains, and use them for project resumption and owner compensation. In addition, the government can also raise funds to help complete the construction of unfinished building projects by setting up special funds and other means to protect the rights and interests of owners.
3. Owner rights protection. The owners of unfinished buildings should strengthen unity and jointly protect their rights. In the process of bankruptcy liquidation, owners can organize, actively participate in decision-making, express their own demands, and strive for the greatest protection of rights and interests.
Second, who pays for the buyers?
1. Developer. In the case of unfinished buildings, the developer, as the responsible entity, should bear the corresponding legal liabilities, including paying liquidated damages and compensating for losses. The buyer can recover from the developer in accordance with the law and demand that it bear the liability for compensation.
2. Banks. Home buyers apply for loans through banks, and banks should strictly review the developer's qualifications during the approval process. If the developer goes bankrupt and the buyer is unable to repay the loan on time, the bank should actively assist the buyer to protect his rights and seek a solution.
3. Government. The government should play an active role in the regulation and control of the real estate market and effectively supervise developers. In the problem of unfinished buildings, the government should assume certain responsibilities and raise funds to help complete the construction of unfinished buildings by setting up special funds and other means to protect the rights and interests of owners.
In short, in the context of frequent bankruptcy and unfinished buildings by developers, buyers should actively protect their rights and strive for the protection of their rights and interests through legal channels and government intervention. At the same time, all parties should work together to strengthen the supervision of the real estate market and curb the occurrence of the problem of unfinished buildings from the source. Third, the response strategy of home buyers
1. Understand the home buying policy. Buyers should fully understand the national and local government housing purchase policies before buying a house, master the purchase process and relevant regulations, so that they can take timely measures to protect their rights and interests when problems arise.
2. Choose a reputable developer. Buyers should try to choose a strong and reputable developer to avoid the risk of unfinished buildings caused by the bankruptcy of the developer.
3. Reasonably assess the ability to buy a house. Home buyers should reasonably assess their ability to buy a house according to their own economic situation and avoid over-reliance on loans, so as not to fall into trouble due to excessive economic pressure.
4. Keep the relevant credentials. Buyers should properly keep the purchase contract, payment vouchers and other documents during the purchase process, so that they can be used as a basis for rights protection when problems arise.
IV. Conclusion
Problems such as the bankruptcy of developers and unfinished buildings have brought huge economic and mental pressure to buyers. In order to protect their own rights and interests, buyers should actively take legal measures, government intervention and other ways to protect their rights. At the same time, all parties should work together to strengthen the supervision of the real estate market and curb the occurrence of the problem of unfinished buildings from the source. Only in this way can we better protect the rights and interests of home buyers and promote the healthy development of the real estate market.