Since the emergence of unfinished buildings, countless buyers have unfortunately been recruited, many people have been forced to accept the miserable life of money and houses and continue to repay bank loans, and the buyers have no fault in the whole incident but have to bear the greatest losses, this kind of thing is strange in the world, but this phenomenon has existed for decades! The reason for this is that there is a problem with our laws, there is a problem with our sales system, and there is a problem with our supervision.
According to the judgment results of similar cases in the past, even if the lawsuit is tied, there is nothing to be done, because even if the lawsuit wins, the developer will not have money to give, and there are a large number of creditors in front of the buyers, such as builders, material suppliers, banks, bond companies, etc., in front of the buyers, and the debt collection is far away, and what is more terrible is that the bank will not let you go in the end, and the loan still has to be repaid, otherwise you will face credit blackout, and all bank card funds will be swept away at any time.
The good news is that on April 21, 2023, the Supreme People's Court issued a reply on the protection of consumer rights in commercial housing. The reply clarifies that the right to consume commercial housing has priority over the right to repayment, mortgage and other creditor's rights. The reply will come into force on April 20, 2023.
The reply is a reply to the relevant questions of the Henan High People's Court. Previously, the Henan High Court submitted the "Instructions on Clarifying the Issue of Rights Priority in Risk Resolution of Real Estate Enterprises". The request for instructions related to the protection of the rights of home buyers caused by the overdue and difficult delivery of commercial houses that have been sold, and after research, the SPC has made clear instructions.
1. The priority of repayment of the construction project price, mortgage rights and other creditor's rights shall be handled in accordance with the provisions of Article 36 of the Interpretation (1) of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Construction Contracts.
2. Where a consumer of a commercial house purchases a house for the purpose of residence and has paid the full price, and claims that his right to claim for the delivery of the house has priority over the right to priority of repayment of the price of the construction project, the right to mortgage, and other creditor's rights, the people's court shall support it.
The provisions of the preceding paragraph may apply to consumers of commercial housing who have only paid part of the price and have actually paid the remaining price before the conclusion of the debate in the court of first instance.
3. Where the house cannot be delivered and there is no possibility of actual delivery, the people's court shall support the claim of the consumer of the commercial housing that the right to claim for the return of the price has priority over the priority right to repayment of the price of the construction project, the mortgage right and other creditor's rights.
In the past, the rights and interests of developers, banks, and builders were mainly ranked in the first place. Now that we have encountered the issue of priority of rights and interests of home buyers, move-outs and builders, the SPC has made it very clear that the rights and interests of home buyers and move-outs should be protected first.
This is a gratifying thing, which shows that our law enforcers have realized the existence of the problem and made timely corrections, and in the future, those developers who have no bottom line will have some scruples, in the past, they will forge the claims of various affiliated companies, take away the funds that belong to the construction of the house, and even if the house is not built, it will directly divide the purchase price and lie flat or transfer it to a foreign country, and the buyer will not be at fault from the legal level but cannot protect his legitimate interests.
From now on, every owner of an unfinished building should unite to defend our rights under the law, and once it is found that the property is unfinished and cannot be delivered on time, we must immediately sue and demand the termination of the purchase contract, refund all the purchase price and interest paid, and claim liquidated damages. If you still have luck and expect the developer to find out in conscience, you can only bear the consequences yourself.
At the same time, it is also hoped that the legal department can increase publicity efforts and publish more on the authority, so that more people know the spirit of the law, so that case-handling agencies at all levels can conscientiously implement it, and do not let every case go to the high court to have a notarized judgment, and punish those bad judges who deliberately protect bad developers, and never tolerate and punish once found.
In extraordinary times, we must have extraordinary means, our problem of unfinished buildings has been related to people's livelihood, and it has to be related to how many Chinese people have broken up their families because of unfinished buildings, and some people have jumped off buildings and some judges have slashed judges, but as long as they still have a way to live, it will not be like this! The Chinese people have always been industrious, simple, and helpless, and they will not choose to resort to law until they have to, and once they can't protect their own interests in a lawsuit, it will be even worse, and they don't believe in the fairness of the law, so it is the unshirkable responsibility of judges at all levels not to disappoint the owners of unfinished buildings and not to let the people down. Only by putting the interests of the people first can the people live and work in peace and contentment, and can the country prosper.
Livelihood.