Know the developer's bankruptcy: Homebuyers should keep an eye on the developer's financial situation and the bankruptcy process so that they can take appropriate measures. Information can be obtained by inquiring about the announcements and reports of the relevant ** departments, or hiring a lawyer to assist in the investigation.
Keep the purchase contract and payment voucher: Buyers should properly keep key evidence such as the purchase contract and payment voucher in order to prove their rights and interests in the process of protecting their rights.
Report to the relevant authorities: Buyers can report to the local housing and construction, real estate and other departments to request to intervene in the investigation and protect the rights and interests of the buyers. At the same time, you can also seek help from organizations such as consumer associations.
Seek legal assistance: When it comes to complex legal issues, home buyers can hire a lawyer to provide professional legal assistance to ensure that their rights and interests are protected to the greatest extent.
Property rights protection: After purchasing a house, buyers should go through property rights registration procedures as soon as possible to ensure that the ownership of property rights is clear. Once the title registration is completed, the property rights of the home buyer will not be affected even if the developer goes bankrupt.
Preferential right of compensation: According to the relevant provisions of the Enterprise Bankruptcy Law, home buyers enjoy the priority right of repayment under certain conditions. This means that in the event of bankruptcy liquidation of the developer, the buyer's claim will be paid off in priority over other ordinary claims.
Taking the bankruptcy of a large real estate developer as an example, buyers can take the following measures after learning the news of the developer's bankruptcy:
Check the relevant department announcements and reports to understand the specific situation and process of the developer's bankruptcy.
Keep important evidence such as the purchase contract and payment vouchers.
Report the case to the local housing and construction and real estate departments and ask for help.
Engage a lawyer to assist with relevant legal issues, such as applying for preferential compensation.
When dealing with the bankruptcy of developers, the main legal bases involved are:
Enterprise Bankruptcy Law of the People's Republic of China: This law stipulates the procedures for enterprise bankruptcy, the protection of the rights and interests of creditors, and bankruptcy liquidation. Buyers can apply for rights and interests such as priority rights and benefits under the Act.
Contract Law of the People's Republic of China: This law stipulates the conclusion, performance, modification and termination of contracts. Buyers should pay attention to whether the terms of the contract are legal and compliant when signing the purchase contract, so as to protect their rights and interests in the event of disputes.
Property Law of the People's Republic of China: This law stipulates the establishment, alteration, transfer and extinction of property rights. Buyers should go through the property right registration procedures in a timely manner after purchasing the house to ensure that the property rights are protected by law.