Ying Ting Information

If the developer goes bankrupt, do not return the house to the developer because after checking out, the buyer can only get a receipt or IOU. The relationship between the buyer and the developer will be transformed from a buyer-seller relationship to a creditor-debt relationship. The creditor-debt relationship has a priority lower than the consumer relationship of subsequent auctions, bankruptcy and debt repayment by the court. According to the contract, the developer can be held accountable for breach of contract for late delivery of the house or termination of the contract.

How to avoid buying an unfinished house?
1. Check whether the five certificates are complete: The so-called five certificates: "Five certificates" refer to "State-owned Land Use Certificate", "Construction Land Planning Permit", "Construction Project Planning Permit", "Construction Project Construction Permit", and "Commercial Housing Sales (Pre-sale) Permit"
2. Look at the developer’s qualification level: The developer’s qualifications have certain judgment standards. After certification, they are divided into level one, level two, level three, and level four from high to low. Different levels of funds, years of experience, cumulative completed area, construction project quality qualification rate, and construction area requirements are different.

3. Choose real estate developed by large developers: Generally speaking, large developers have strong financial strength. Due to insufficient funds, there are few unfinished problems and defaults such as delayed delivery are less likely to occur. They are safer than houses built by small developers.

Beijing Yingtong Law Firm focuses on administrative litigation and rights protection cases for medium and large enterprises, and has boldly explored and summarized a number of unique methods for resolving government-enterprise disputes and administrative litigation cases. It has solved the problems of government-enterprise disputes for many medium-sized and large enterprises, successfully improved the benefits due to administrative counterparts in accordance with the law, and has won the trust of the majority of business owners.

Legal basis: "Interpretation of the Supreme People's Court on Several Issues concerning the Application of Law in the Trial of Commercial Housing Sales Contract Disputes" Article 9
If the main structure of the house cannot be delivered for use due to substandard quality, or if the quality of the main structure of the house is verified to be unqualified after the house is delivered for use, the buyer's request to terminate the contract and compensate for losses shall be supported.

Article 10 If the buyer's request to terminate the contract and compensate for losses due to quality problems of the house seriously affects normal living and use, support shall be given. If the house delivered for use has quality problems, the seller shall bear the responsibility for repairs during the warranty period; if the seller refuses to repair or delays repairs within a reasonable period, the buyer may repair it himself or entrust others to do so.

The repair costs and other losses caused during the repair period shall be borne by the seller.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer at Beijing Yingting Law Firm for one-on-one online consultation.