What about the unfinished apartment?

How to deal with uncompleted residential flats depends on local policies, such as bankruptcy of the company or takeover by the local government. Because there are fewer buyers who buy real estate at one time, most of them are mortgaged or phased, so the house they buy becomes an unfinished building, and there is a problem of property ownership. Therefore, we must safeguard our legitimate rights and interests through legal channels.

First, if only the developer's funds are broken, give the developer some time. If the developer can raise funds in a short time and complete the follow-up project, the unfinished house can be revived.

Second, if the developer goes bankrupt and the building is rotten, never return the house to the developer. Because after checking out, buyers can only get receipts or IOUs. The relationship between buyers and developers will change from buying and selling to creditor's rights and debts. The relationship between creditor's rights and debts is lower than that of consumption in the order of court auction, bankruptcy and debt repayment.

Third, after the bankruptcy of developers, property buyers can still apply for real estate licenses from the housing management department according to procedures. Property rights are better than nothing.

What should I pay attention to when buying a house?

1, resolutely do not buy properties with incomplete opening documents.

2. Don't blindly believe in the high returns and profits promised by developers, and be alert to high risks.

To avoid buying uncompleted residential flats, there are three elements: the comprehensive strength of the developer, whether the pre-sale is ideal, and existing or quasi-existing houses.

What is joint consultation to safeguard rights?

(1) After clarifying the ownership of property rights, we should work together with other owners to strive for greater legal support.

(2) If the purchased property is only likely to be "unfinished", you can test the developer for a little time. If it can raise funds in a short time and complete the follow-up projects, it can minimize the losses of buyers.

(3) The developer went bankrupt due to insolvency and suffered a "unfinished" crisis, and the house could not be returned to the real estate enterprise. After check-out, buyers can only get receipts or IOUs instead of the purchase price. The relationship between buyers and real estate enterprises will change from business contact to creditor's rights and debts.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 597 of the Civil Code of People's Republic of China (PRC)

If the ownership of the subject matter cannot be transferred because the seller has not obtained the right to dispose of it, the buyer may terminate the contract and require the seller to bear the liability for breach of contract. Where laws and administrative regulations prohibit or restrict the transfer of the subject matter, such provisions shall prevail.

Article 165

If the actor infringes upon the civil rights and interests of others due to his fault, he shall bear the tort liability. If the actor is presumed to be at fault according to the law and cannot prove that he is not at fault, he shall bear tort liability.