What should I do if the developer fails to hand over the property? ——Popular rights protection guides and coping strategies in the past 10 days
Recently, there have been frequent incidents of delayed home delivery and unfinished buildings by developers in many places, triggering collective rights protection among home buyers. This article will combine hot cases and data from the entire network in the past 10 days to provide structured solutions for home buyers.
1. Inventory of popular rights protection events in the past 10 days
| event | area | Involving real estate | extension length |
|---|---|---|---|
| Owners collectively suspend loans | Zhengzhou, Henan | Yongwei Xitang project | More than 2 years |
| Developer's capital chain broken | Changsha, Hunan | Evergrande Riverside Left Bank | 1 year 8 months |
| Long term shutdown at construction site | Xi'an, Shaanxi | Bright green city | 3 years |
2. Developer’s liability for breach of contract stipulated by law
| breach of contract | Legal basis | Compensation standard |
|---|---|---|
| Late delivery | Article 577 of the Civil Code | Liquidated damages of 0.5-1/10,000 per day |
| Housing quality is substandard | Article 35 of the "Measures for the Administration of Commercial Housing Sales" | Check out + compensation for damages |
| False propaganda | Article 55 of the Consumer Rights Protection Law | triple compensation |
3. Four steps for home buyers to protect their rights
1.collect evidence: House purchase contract, payment voucher, developer’s proof of default (such as photos of work suspension, government publicity documents, etc.).
2.Negotiation: Negotiate with the developer through the owners’ committee and require a written commitment to the delivery time and liquidated damages plan.
3.Administrative complaints: Complain to the Housing and Urban-Rural Development Department (12345 hotline) and the Consumers Association (12315). In the past 10 days, a real estate project in Zhengzhou has received intervention from a government special working group through this method.
4.Judicial approach:
| Litigation type | Applicable situations | expected effect |
|---|---|---|
| Terminate the contract | Overdue for more than 1 year | Check-out payment + interest |
| continue to perform | The project is not finished yet | Forced resumption of work |
| property preservation | Developer transfers assets | freeze account |
4. Successful cases of hot rights protection
1.A project in Wuhan Optics Valley: 200 owners used a combination of "legal litigation + media exposure" to finally facilitate the takeover and resumption of work by state-owned enterprises.
2.Kunming Sunac City: The owners voluntarily formed a supervision team to broadcast the construction progress every week, forcing the developers to fulfill their promises.
5. Expert advice
1. Choose off-plan properties carefully, giving priority to existing or quasi-existing properties.
2. Pay attention to the three red line indicators of developers and avoid choosing companies with debt ratios exceeding 100%.
3. Check the mortgage status of the property before purchasing (you can check it on the official website of the real estate registration center in various places).
6. Latest policy support in 2023
| Policy name | release date | core content |
|---|---|---|
| Special loan for guaranteed building | 2023.8.25 | National 200 billion financial support |
| New rules for online signing and filing of house purchase contracts | 2023.9.1 | Require developers to deposit down payments into escrow accounts |
If you are encountering problems with property delivery, it is recommended to take immediate action. The statute of limitations stipulated by law is 3 years. Keep records of all communications and seek professional lawyer assistance if necessary.
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