In recent years, there have been frequent thunderstorms in real estate companies, during which there is a risk of overdue delivery, overdue delivery, and even unfinished, and it is not uncommon for new houses to be overdue. Usually, the main reason for the failure is that the developer's funds are broken, or in rare cases, it is stopped because of incomplete procedures, but this kind of incomplete procedures generally only occurs in small places without a legal pre-sale license, such as subscribing, subscribing or even cooperating to build houses. So, when encountering such problems, how should owners protect their legitimate rights and interests?Guo Wenbo, a lawyer from Beijing Zhonghengxin Law Firm, combined with legal provisions and adjudication guidelines, conducted a first-class analysis of the owner's rights protection methods when the house is unfinished or the developer encounters a thunderstorm, for your reference.
1.As soon as possible, through the first information disclosure application, their own bank statement inquiry, etc., to find out the supervision of the pre-sale payment of this project.
Almost all unfinished buildings are related to the developer's evasion of pre-sale fund supervision, and the state has long made it clear that all pre-sale housing funds must be deposited into a special pre-sale housing payment supervision account, which must be used for the construction of the project developer until it is completely completed, and can only be used for other purposes after completion.
2.As soon as possible, file an application for investigation and punishment of the relevant misappropriation of pre-sale funds, and apply to the construction committee department to investigate and deal with this illegal act.
Depending on the circumstances, a civil lawsuit can also be filed for liquidated damages for late delivery, and the relevant liquidated damages for late delivery can be pursued.
Maybe the developer doesn't have the money to pay this liquidated damages at this time, but it must be shown that there is a price for the developer to see that it is not finished.
3.A strong organization is essential.
Organizational issues are critical to the success or failure of class actions such as those in unfinished buildings. The lack of a stable organizational structure means that this rights protection collective is free, extremely loose, and unconstrained, just like a unit without military divisions, brigades, regiments, battalions, and companies, and without strict military discipline.
4.A good owner's representative is essential.
Many of the reasons for the failure of rights protection are that the owners' representatives are not effective, and the owners' representatives defect or are bribed. Therefore, it is very important to choose the owner's representative, who must have good character, time, brains, and be willing to pay for everyone.
5.There must be a confidentiality mechanism and an anti-free-rider mechanism.
When defending their rights, many people choose to watch from the sidelines, not wanting to pay, but also afraid of taking risks. Therefore, the owner must first sign a confidentiality agreement and rules of procedure.
6.If the real estate is completely unfinished, there is no possibility of resurrection, and the state of the house is not usable at all, you can immediately sue to terminate the contract and return the purchase price.
When necessary, the developer can apply for bankruptcy and exercise the priority of the owner's basic creditor's rights in bankruptcy liquidation. For example, if the main body of a project has been completed, it is not recommended to terminate the contract, and the first goal can be to promote the resumption of work as much as possible.
7.If the prospect of the real estate is not bad, the relevant ** department is also very powerful, and you can also negotiate with multiple parties to restructure or ask a new developer to take over.
Therefore, in this case, we must be the first to defend our rights, otherwise it will be too late to regret it.