Negotiate with the developer. Before buying a house, the contract with the developer must be kept. When negotiating in the future, the owners should unite to defend their rights. The negotiation process should be recorded in as much detail as possible. If the developer has any guarantee, he must sign an agreement, and the liability for breach of contract should be clearly written. In this way, the relevant evidence is retained and collected in written form. If negotiation fails, it will also be beneficial to other follow-up rights protection channels as proof materials.
When applying for arbitration, there will be a purchase contract when buying a house. If the owner can't get the real estate license for a long time, there is usually a treaty on it. At this time, the owner can choose the arbitration channel to defend his rights, which should be based on the existence of an arbitration agreement between the two parties. At the same time, it should be noted that because the arbitration institution has no subordinate relationship with the court system, the relevant judicial interpretation is not binding on the arbitration institution, and the arbitration tribunal only makes an award with reference to the relevant provisions.
According to the law, it is the developer's obligation to handle the real estate license in time. If the developer fails to apply for the real estate license within the time limit without justifiable reasons, resulting in the delay in obtaining the real estate license, the owner can collect relevant evidence and sue the developer for breach of contract. Because legal proceedings need to go through many legal procedures, and developers will also entrust their own lawyers to appear in court, so owners must have evidence to strive for maximum compensation.
Usually, the main reason why developers delay issuing real estate licenses is 1. Due to incomplete preliminary procedures, it is impossible to apply for real estate license.
2. If the property right certificate has been obtained, the problem may be that the developer has to pay the deed tax and public maintenance fund collected before when handling the license. This part of the total amount of funds is very large, and the developer's funds may not be transferred for a while.
3. The developer may mortgage the land or project during the construction process, which will also affect the handling of the property right certificate and the owner's split property right certificate.
4. Unqualified acceptance and unpaid fees may be the reason why the real estate license cannot be issued.
Coordinate with the developer, and if the owner knows what causes the real estate license to fail, he can also do a good job. For example, you can ask the local authorities about the handling of the five certificates of the project and whether the land or house of the project is mortgaged, and then coordinate with the developer or safeguard rights.