? What is an unfinished building?
Unfinished residential building refers to the situation that the purchaser has completed all the purchase procedures, but due to other reasons such as developers, there is no way to continue the completion of the property, or the purchaser can't get the real estate license, resulting in an unfinished residential building.
? What is the reason for the unfinished building?
1. When the capital chain of general developers is broken, private capital and major banks will act as soon as possible, sue as soon as possible, and seal up all the properties that can be sealed up as soon as possible.
2. Developers often take the initiative to transfer real estate.
3. Innate, the owners belong to the disadvantaged group, and they often get the information at the latest and have the slowest response.
? What are the conditions of uncompleted residential flats?
1. This building cannot be completed.
Due to financial problems, developers can't complete the building, and buyers can't move in smoothly.
2. The purchaser cannot obtain the real estate license.
Some developers will mortgage the houses under construction to banks or financial institutions for financing in order to avoid the problem of housing property rights caused by the failure to complete the real estate. Even if the buyers can move in smoothly, they can't apply for the real estate license.
? How to protect rights when buying uncompleted residential flats?
Once you find that the house you bought is going to rot, you must act immediately and use all legal and compliant legal means. The specific operation method is as follows:
1. Learn about the supervision of the pre-sale house payment of this project through the government information disclosure application and the operation inquiry of your own bank as soon as possible, and check whether there are pre-sale funds in the supervision account, and where are the pre-sale funds collected in the past used?
2. As soon as possible, put forward an application to investigate and deal with the misappropriation of pre-sale housing funds, and apply to the Construction Committee department to investigate and deal with such illegal acts.
3. You can also file a civil lawsuit related to liquidated damages for overdue delivery as appropriate, and investigate the liquidated damages related to overdue delivery. Perhaps developers have no money to pay liquidated damages at this time, but it is necessary for developers to see that their unfinished business has a price.
4. A strong organization is indispensable. Organizational problems are the key factors for the success or failure of class actions such as uncompleted residential flats.
5. Excellent owners' representatives are very important. It is very important to choose the owner's representative. You must have a good personality, have time and brains, and be willing to pay for everyone. Moreover, there must not be only one or two owners' representatives, but there must be many and even numbers.
6. Buyers need unified rights protection. If the property buyers decide to sue the developer, they must unify their opinions, and Qi Xin should make concerted efforts to prevent some property buyers from getting compensation and others from getting compensation, which will lead to many unexpected situations when the court handles the follow-up matters. If the developer goes bankrupt, the buyer can still apply for the real estate license from the housing management department according to the procedure. Property rights are better than nothing.
? What can't I do if I buy an unfinished building?
1, don't check out easily.
If the developer delays the delivery time again and again, and encounters an unfinished crisis, the purchaser must not return the house, because at this time, the developer has no balance to pay the owner's house payment, and can't recover the house payment immediately after returning the house, only get an iou or receipt. It is also a question whether the house payment of the buyers can be returned. In addition, if the purchaser returns a house, the relationship between the purchaser and the developer will change from buying and selling to creditor's rights and debts, and the problem will be more difficult to solve.
Don't be too anxious to sue the developer.
Many property buyers are afraid that developers will run away when they encounter uncompleted residential flats, so it is actually inappropriate to sue developers immediately. Property buyers should first investigate the possibility of the uncompleted residential flats they bought. Don't go to court yet. Give the developer some time first. If only the developer's funds are broken, the developer can raise funds in a short time to complete the follow-up project, and the unfinished building can also be resurrected to minimize possible losses.
? What are the problems in buying uncompleted residential flats?
1. Can the "victims" who bought the uncompleted residential flats gather to let the developers restart the development project?
? Companies under government departments: Yes! In any case, it is only a matter of time before they finish the project. Thailand has nothing to worry about.
? Private enterprise developer: it's difficult! Very difficult! ?
2. Can the "victim" claim compensation from the developer?
The answer is yes and no, because you have to consider whether to terminate your sales contract (SPA) while making a claim. After the termination, it means that you no longer have the ownership of this unfinished building, but ... you still need to see if this developer has a strong parent company. If so, the chances of getting compensation will be even greater. On the contrary, if the developer goes bankrupt directly ... it will be useless for you to terminate the sales contract.
Because of the mortgage, your contact party is the bank. So the problem has never been solved. Keeping the sales contract can at least wait for the emergence of the savior developer and restart the project one day.