What to do if the house is not handed over? ——Home Buyers’ Guide to Rights Protection
Recently, delayed delivery or incomplete completion of real estate projects have occurred in many places, causing widespread concern. If the developer fails to deliver the house in accordance with the contract, how should the home buyer protect their rights and interests? This article combines hot topics across the Internet to sort out solutions for you.
1. Recent hot events in real estate rights protection (last 10 days)
| event | area | Involving real estate | Rights protection focus |
|---|---|---|---|
| Owners collectively suspend loans | Zhengzhou, Henan | A well-known real estate company project | Delayed for 2 years and not delivered yet |
| Developer promises not fulfilled | Foshan, Guangdong | XX International City | Hardcover becomes rough |
| Government intervention and coordination | Changsha, Hunan | XX lakeside project | The capital chain is broken and the work is stopped. |
2. Common situations in which developers default
| Default type | Specific performance | Legal basis |
|---|---|---|
| Delayed delivery | Failure to deliver beyond the contracted time | Article 107 of the Contract Law |
| Refuse to hand over house | Refuses to deliver when conditions are met | Article 30 of the "Measures for the Administration of Commercial Housing Sales" |
| quality issues | The house has serious quality defects | Article 40 of the Regulations on Quality Management of Construction Projects |
3. Steps to protect the rights of home buyers
1.collect evidence: Save the purchase contract, payment voucher, developer’s notice of breach of contract and other materials.
2.Negotiation and communication: Require the developer to perform its obligations within a time limit through a written letter, and be careful to keep communication records.
3.Administrative complaints: Complain to the housing and construction department and consumer association. Special classes for "problem real estate" have been established in some areas.
4.legal approach: You can claim the following rights:
| Rights protection methods | legal effect | Things to note |
|---|---|---|
| Terminate the contract | Check out + compensation | Must meet statutory conditions for rescission |
| continue to perform | Requesting compulsory handover of housing | Applies to salvageable projects |
| liquidated damages claim | Compensation calculated on a daily basis | Pay attention to the statute of limitations |
4. Latest policy support in 2023
1.Special loan for guaranteed building: More than 200 billion yuan in special loans have been issued across the country.
2.local government takeover mechanism: Many places have introduced "one plate, one policy" solutions.
3.Credit disciplinary measures: Untrustworthy developers will be restricted from land bidding, financing, etc.
5. Expert advice
1. Priority will be given to existing houses or projects with state-owned assets background
2. Check the developer's "Five Certificates" and financial status before purchasing
3. It is recommended to purchase a property with a complete capital supervision account.
4. Pay attention to legal and compliant expression of demands when collectively defending rights.
Conclusion:When encountering real estate disputes, home buyers must not only actively safeguard their rights, but also remain rational. It is recommended to consult a professional lawyer to choose the best solution based on the specific situation. Currently, governments at all levels are strengthening supervision of the real estate market, and delivery risks are expected to be further reduced in the future.
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