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Why are developers unpunished, while buyers can't afford to cut off supply?

author:Xiao Lu Chuangwen

In recent years, with the introduction and implementation of regulatory policies in the real estate market, some developers have not had enough funds to complete projects in the case of broken capital chains or poor operation, resulting in the phenomenon of some real estate failures. At the same time, buyers need to sign a purchase contract and pay on time when buying a house, and may face the risk of default if they default or suspend repayment. However, why can developers choose to end up and buyers not choose to cut off supply? This article will analyze and interpret this problem.

Why are developers unpunished, while buyers can't afford to cut off supply?

1. Developers and buyers: the difference between the sales contract and the lending relationship

First of all, the relationship between the developer and the buyer is a contract of sale. In this legal relationship, the buyer has all the rights and obligations stipulated in the purchase contract. In the event of a breach, they may face legal action and damages. At the same time, the developer also has corresponding contractual obligations, and needs to deliver the house on time, ensure the quality of the house, etc. However, in practice, due to the developer's broken capital chain or poor operation, the project cannot be completed and the house delivered on time, resulting in the collapse of the real estate from time to time.

The relationship between developers and banks is usually lending. In a loan contract, the developer is obligated to repay the loan on time. However, when developers face financial difficulties, they have multiple options and leeway to respond. For example, it can be resolved through negotiation with the bank through deferred repayment, debt restructuring, etc. In addition, developers can also raise funds by selling assets, etc., in response to financial crises.

Why are developers unpunished, while buyers can't afford to cut off supply?

2. Social responsibility and market order: pressure from developers and risks for buyers

As one of the main players in the real estate market, developers assume social responsibilities such as promoting economic development and providing a living environment. Once there are problems such as broken capital chain or poor operation, unfinished real estate will not only bring losses to buyers, but also have a negative impact on the stability of the real estate market and social order. Therefore, the government usually takes some steps to regulate or hold developers accountable. For example, strengthen capital supervision, strict project approval, etc., to ensure that developers can complete projects on time and protect the interests of home buyers.

For home buyers, although there is also an obligation to repay, their choice is relatively small due to their different social roles and responsibilities. If the buyer chooses to cut off the supply, it may be regarded as the defaulting party and bear the corresponding legal liability. This will not only affect their personal credit history, but may also face legal consequences such as financial compensation.

3. Improving the legal system and strengthening supervision: measures to protect the rights and interests of home buyers

In order to solve the problem of unfinished real estate and home buyers' supply cuts, it is necessary to start from many aspects. First of all, the construction and improvement of relevant legal systems should be strengthened. Specifically, measures such as a stricter supervision system for developers' funds and strengthening the regulation of the content of housing purchase contracts can be formulated. At the same time, a risk prevention and control mechanism should be established and improved, and the financial status and project progress of the developer should be strictly reviewed and monitored, and potential problems should be detected and solved as early as possible.

Why are developers unpunished, while buyers can't afford to cut off supply?

In addition, the supervision and accountability mechanism for developers should be strengthened. For developers with unfinished real estate, in addition to bearing the corresponding legal responsibilities and compensation compensation, they should also strengthen the strict review of their capital chain and project progress. If it is found that the developer has violated laws and regulations or misoperated the business, it shall be seriously dealt with and the legal responsibility of the relevant responsible person shall be investigated.

Fourth, buyers' education and risk awareness increase: reduce the risk of supply interruption

In addition to the efforts of the government and developers, buyers themselves should also strengthen their awareness of risk and self-protection. When buying a house, buyers should understand the relevant laws and regulations and the content of the purchase contract to avoid falling into unnecessary risks. At the same time, you should choose a reputable developer and formal channels to buy a house, and avoid buying a house with quality problems and the risk of rot.

In addition, home buyers should also raise their own risk awareness. When signing the purchase contract, you should carefully read the terms of the contract and sign it carefully. If there are doubts or uncertainties about the content of the contract, you should consult a professional or lawyer in time. During the repayment process, repayment should be made in full and on time and maintain a good credit history to reduce the risk of supply interruption.

V. Conclusion: Jointly promote the healthy and stable development of the real estate market

To sum up, the problem of unfinished real estate and buyers' supply interruption is a complex issue. Solving this problem requires a concerted effort by governments, developers and home buyers. The government should strengthen the construction and improvement of relevant legal systems, strengthen the supervision and risk prevention and control of developers; The developer should assume social responsibility and deliver the house on time; Buyers should raise their awareness of risk and self-protection and choose formal channels to buy a house. Only in this way can we achieve the healthy and stable development of the real estate market and better protect the rights and interests of buyers.

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