If the house is damaged/damaged before delivery, the main loss will be borne by the developer, because the risk of the house has not been transferred. For the owners who have signed the purchase contract, the contract is terminated because it has been impossible to realize. The payment should be returned in full, and other losses caused should be borne by both parties in theory.
For properties that have not yet been delivered, buyers need not worry. Usually, the problem is borne by the developer. If the delivery does not meet the delivery conditions agreed in the contract, you can choose to refuse to accept the house. Therefore, the initiative is in the hands of our owners.
2. The house has been repossessed and the creditor's rights relationship still exists.
At present, mortgage accounts for more than half of buyers. More owners are concerned about how to deal with the mortgaged house if it is damaged in the disaster. Legally speaking, the house is only the collateral of the mortgage loan, and the loss of the collateral will not lead to the end of the relationship between the debtor and the creditor, and the bank will continue to pursue the remaining loans of the lender.
As for whether there is any adjustment, it depends on the specific disaster relief measures of the government. Suning, deputy governor of the People's Bank of China, also said that the central bank is actively studying mortgage repayment in disaster areas with relevant departments.
3. After purchasing home insurance, the insurance company will pay compensation according to the contract.
Regarding whether people who bought home insurance after the disaster can get compensation, Fabao said that it depends on the specific terms of the insurance contract. At present, the common mortgage insurance basically does not cover the loss of the house in the earthquake. Even if the insurance company is willing to pay, the bank will benefit first. However, in the face of natural disasters such as earthquakes, many individuals can't afford to lose, and insurance is a more feasible choice.
4. If you have any questions about the quality of houses after the disaster, please find an agency for appraisal.
After natural disasters, some buildings were seriously damaged. What should I do if I suspect a quality problem? Lawyer Fabao believes that owners generally repossess their houses after they have passed the comprehensive inspection, which shows that the inspection department recognizes the quality of the houses. If the owner is in doubt, he can ask a qualified housing quality appraisal unit for appraisal.
If it is believed that there is a quality problem, it can be identified by a third-party appraisal institution established by the court through prosecution. If there are structural safety problems in the quality of the house, the owner can ask to return a house, and if it is just an ordinary quality problem, he can ask the developer to repair it.
Extended data:
According to article 142 of China's contract law, "the risk of damage or loss of the subject matter shall be borne by the seller before delivery and by the buyer after delivery, unless otherwise stipulated by law or agreed by the parties." The Supreme People's Court's interpretation of some issues concerning the application of law in the trial of disputes over commercial housing sales contracts.
Paragraph 2 of Article 11 of the Judicial Interpretation of Commercial Housing Sales (hereinafter referred to as the Judicial Interpretation) stipulates: "The risk of damage or loss of the house shall be borne by the seller before delivery and by the buyer after delivery". The first paragraph of Article 11 of the Interpretation also stipulates: "If the house is transferred and occupied, it shall be regarded as the delivery of the house, unless otherwise agreed by the parties."
Therefore, the risk of damage or loss of the purchased house shall be borne by the seller before delivery and by the buyer after delivery. As long as there is no special provision in the law or no special agreement between the parties, this principle should be applied to the rule that risk is transferred with delivery. In judicial practice, we need to pay attention to accurately understanding delivery as the standard of risk transfer:
First, the application of risk transfer must be based on the premise that there are no other provisions in the law or other agreements between the parties.
Second, delivery must be based on the performance of a valid sales contract. If the buyer has the subject matter when concluding the sales contract, it shall be deemed as delivery.
Third, the transfer of risk is completed as the delivery of transfer possession, and it does not need to involve whether the buyer recognizes the seller's performance or the quality of the subject matter.
Fourth, risk transfer occurs independently and has nothing to do with ownership transfer. Even if the delivery of ownership is retained, or the subject matter is out of possession without the intention of the obligee, or the seller fails to make the buyer acquire ownership after delivery, it will not affect the transfer of risk. Fifth, the defects of things do not affect the transfer of risks.
Specifically, if the developer has not delivered the house to the purchaser, and the house is damaged or lost in the earthquake, the developer will bear the risk; If the developer has delivered the house to the purchaser, the purchaser shall bear the adverse consequences.
China Court Network-Several Legal Issues on Damage and Loss of Commercial Housing Caused by Earthquake