The off-plan housing with complete five certificates refers to the off-plan housing with state-owned land use certificate, construction land planning permit, construction project planning permit, construction permit and commercial housing pre-sale license. Buying an off-plan property with five certificates usually means that the buyer's rights and interests are protected to a certain extent. However, the phenomenon of off-plan housing still exists, causing huge losses to home buyers.
1. Ways to protect the rights and interests of home buyers.
Negotiate with the developer: When it is found that the purchased off-plan property is unfinished, the buyer should first negotiate with the developer, and ask the developer to fulfill its obligations in accordance with the contract and complete the project and deliver the house as soon as possible. During the negotiation process, buyers can seek legal assistance to ensure that their rights and interests are fully protected.
Complain to the ** department: If the negotiation with the developer fails, the buyer can complain to the relevant ** department, such as the housing and urban-rural development department, the real estate management department, etc. **The department will intervene in the investigation and deal with the developer in accordance with the law.
Initiating legal proceedings: When the above methods fail to solve the problem, the buyer can file a legal action with the people's court to require the developer to bear the corresponding legal responsibility. In the course of litigation, the buyer needs to provide sufficient evidence to prove that his rights and interests have been infringed.
2. Explanation of examples.
Take Xiao Li in a certain city as an example, he bought a set of off-plan houses with five certificates, but found that the project was unfinished before the house was delivered. Xiao Li first negotiated with the developer and asked the developer to fulfill its contractual obligations. However, the developer shirked responsibility and refused to fulfill the contract on various grounds. Xiao Li then complained to the Ministry of Housing and Urban-Rural Development, and after the department intervened in the investigation, it was found that the developer had violated laws and regulations. In the end, the ** department dealt with the developer in accordance with the law and required the developer to refund the purchase price and interest paid by Xiao Li. Xiao Li's rights and interests have been fully protected.
3. Remarks on relevant regulations.
When dealing with the problem of unfinished off-plan housing with five complete certificates, the following relevant regulations should be followed:
Contract Law of the People's Republic of China
Real Estate Management Law of the People's Republic of China
Regulations on the Management of Urban Real Estate Development and Operation
Regulations on the Quality Management of Construction Projects
IV. Conclusion. The failure to complete the purchase of off-plan property with five certificates is one of the risks that buyers may face. In order to protect their own rights and interests, buyers should choose reputable developers and real estate projects, and clearly stipulate the rights and obligations of both parties in the purchase contract. Once encountering the problem of unfinished off-plan housing, buyers should take timely measures to protect their rights and ensure that their legitimate rights and interests are fully protected.