At the end of 20 14, Jiangxi Ganzhou Changfa Real Estate Co., Ltd. and Ganzhou Yin Xin Real Estate Co., Ltd. went bankrupt one after another, and the legal representatives of the two companies were the same person, which became the first bankruptcy case of Ganzhou Real Estate Company. For a time, the real estate market in the new year was immersed in a bleak: will 20 15 become the bankruptcy year of housing enterprises (especially small and medium-sized housing enterprises)?
The bankruptcy of directors means that the real estate under construction is likely to face the dilemma of "unfinished". People who just need to buy a house can't help but sweat-what if they really buy an unfinished building?
Housing enterprises are in a bad situation
According to the data released by the National Bureau of Statistics recently, the growth rate of real estate investment in China has been declining all the way in 20 14, and the growth rate of funds in place for housing enterprises has slowed down, making it increasingly difficult for developers to get money. In 20 14 years, the investment of real estate development enterprises was1~1.01.5 trillion yuan, a year-on-year increase of 0.
.6%, and in the first 1 1 month of 20 13, this figure was 27%. The data released by the Bureau of Statistics also shows that private fixed assets investment increased by 17.9% in the same period of 20 14 years.
"A large number of real estate development enterprises will face the danger of capital chain breakage, and the tide of real estate enterprises' bankruptcy is not far away." Ma Guangyuan, an economist and member of the Beijing Municipal Committee of the Chinese People's Political Consultative Conference, said in an interview that in 2065, the capital cost of state-owned housing enterprises generally increased by about 18%, and capital was fleeing from real estate at an accelerated pace. Cai Weimin (blog, Weibo), general manager of Weimin real estate planning think tank, thinks that the 20 14 just passed is not a "real hard time" for developers, but a "good opportunity coming soon".
It can be seen that with the deterioration of real estate data and the continuous pressure of inventory and capital chain, housing enterprises are likely to encounter the situation of "survival of the fittest" in 20 15. In such an environment, the phenomenon of "uncompleted residential flats" caused by the break or even bankruptcy of the developer's capital chain is foreseeable.
How did the uncompleted residential flats form?
An uncompleted residential building usually refers to a real estate project that has completed land use and planning procedures, and has been shut down for more than one year after the project starts because the developer is unable to continue to invest or fall into debt disputes. In addition, projects that are shut down due to property disputes or unqualified project quality are also counted as uncompleted residential flats.
There are many reasons for the formation of uncompleted residential flats. There are many real examples in reality, including the bankruptcy of the developer of the building under construction, the lack of construction funds, the economic disputes involved in the project, and the suspension of the project caused by the violation of laws and regulations by the developer. But the most common reason is that the capital chain is broken, the project is unfinished, the developer can't get the money, the bank is unwilling to continue lending, and the project can't be transferred to other investors, eventually forming an unfinished building that no one cares about, leaving buyers at a loss.
Find out the ownership of property rights
Generally speaking, uncompleted residential flats are also a "heart disease" for loan banks and local governments. In the past few years, there have been cases of construction, rehabilitation and activation of uncompleted residential flats. However, in case property buyers really encounter uncompleted residential flats, they must first learn to "save themselves" and try their best to safeguard their rights and interests through legal means.
According to the regulations, when the real estate enterprise is declared bankrupt, or after the people's court accepts the bankruptcy application, if the house has not been built, the manager decides not to continue to build the unfinished house, which will lead to the bankrupt enterprise failing to fulfill its debts to the purchaser. According to the different ways of buying a house and collecting it, it can be divided into two situations: mortgage loan to buy a house and installment payment to the seller. These two ways of buying houses will have different effects on the ownership of houses when real estate enterprises go bankrupt. Therefore, property buyers should first consult professional legal advice to find out their rights. In short, having property rights in hand is better than having nothing at all.
At the same time, insiders pointed out that after the bankruptcy of developers, buyers can still apply for real estate licenses from the housing management department according to procedures: 1. The purchaser should go to the administrative department for industry and commerce to inquire whether the commercial housing development enterprise has been cancelled according to legal procedures; 2. If it has been cancelled in accordance with the law, the buyer can apply to the real estate management department for the real estate license on the basis of the developer's certificate of cancellation in accordance with the law issued by the industrial and commercial department, as well as the original commercial housing sales contract, personal ID card and other materials that need to be issued by the buyer in the process of handling the certificate. After verification, the housing management department will deal with it.
Step by step negotiation and rights protection
After finding out the ownership of property rights, buyers should work together with other owners to strive for maximum legal support.
First of all, if the purchased property is only likely to be "unfinished", you can try to give the developer some time. If we can raise funds in a short time and complete the follow-up projects, we can minimize the losses of buyers.
Secondly, if the developer goes bankrupt because of insolvency and encounters a "unfinished" crisis, the house cannot be returned to the developer. Because after check-out, buyers can't get the purchase price, but can only get a receipt or loan. The relationship between buyers and developers will change from buying and selling to creditor's rights and debts. If the developer finally has to declare bankruptcy due to insolvency, and its assets are auctioned by the court, then according to the provisions of the bankruptcy law, consumers are more likely to get compensation from the developer than ordinary creditors (especially if consumers have obtained property rights through pre-purchase).
In addition, if it is decided to sue the developer, the owner must also agree to Qixin. If other owners win the lawsuit and get compensation, some owners may not sue in time because they are waiting for the developer to complete the project, and eventually they will not get compensation.
It is also important to plan ahead.
Of course, as consumers, buyers are always in a weak position when uncompleted residential flats appear. Instead of wasting time and effort to protect rights after the accident, it is better to make good use of the initiative in advance to fully understand the developers. Due to the current real estate pre-sale system, according to the relevant regulations, developers with incomplete qualifications and procedures cannot build without industrial and commercial registration and tax registration, including developers with incomplete five certificates and two books, which is even more common.
Under normal circumstances, big brand developers with large scale, abundant funds and high reputation will be relatively reliable, while those small and medium-sized developers who have just transformed and are inexperienced should pay more attention to buyers under the current situation. Of course, buying an existing house directly, that is, buying and living, is an insurance way.
In addition, the property rights of uncompleted residential flats are particularly important to buyers. Insiders reminded that when buying, we must first determine whether the sales procedures and property rights of the house are clear and whether it has been mortgaged by the bank; Secondly, first of all, it is necessary to determine from the seller whether the house has a property right certificate and a sales license; Then find out whether the house has a mortgage, if so, find out the mortgage period and how to lift the mortgage; Finally, if it is an auction house, it should be clear whether the property transfer procedures have been handled and so on.
(The above answers were published on 20 15-06-29. Please refer to the actual situation for the current purchase policy. )
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