However, even such a group of highly educated people, in the face of developers running away, did not come up with any better way to protect their rights, nothing more than writing articles, making videos and venting their dissatisfaction. Then the question is, why can developers abscond after the unfinished business, but let the biggest victim buy a house and continue to repay?
Why can developers take money to run away after the property is unfinished? On the surface, the collapse of real estate enterprises is only a market economy behavior, and there is no reason to arrest developers. It's like you charged 1000 yuan at the barber shop, but the barber shop closed before the money was spent. Can you call the police to arrest the barber shop owner? I'm afraid not. At best, it's just suing the boss to refund your money.
Most developers have seen this, so they live happily without fear. Seeing this, some people may ask, so there is nothing you can do about these grandchildren, right? That's not true!
In August last year, Shijiazhuang, Hebei announced 44 uncompleted residential flats projects, and more than 20 actual controllers of 15 developers were arrested. This action directly gave a "vivid" lesson to developers across the country, so the problem of uncompleted residential flats is actually not a problem that can be solved, but a problem that they want to solve. As long as you hit hard, who will dare to cross the line in the future? As long as no developer dares, the problem of uncompleted residential flats will be solved!
Why do buyers need to continue to repay their mortgages after the property is unfinished? I believe everyone must have such a common sense before: the money we borrowed from the bank, even if it is owed to the bank, has nothing to do with the developer in law. So even if the developer runs away, we still have to pay back the remaining loans. But friends, this situation has changed in 2020.
In 2020, the Supreme People's Court issued the Interpretation on Several Issues Concerning the Application of Laws in the Trial of Disputes over Commercial Housing Sales Contracts, in which Articles 20 and 2 1 stated that "if the commercial housing sales contract is confirmed to be invalid or cancelled, the buyer may apply to cancel the commercial housing loan contract".
What do you mean? Generally speaking, if the property sales contract is invalid because the house is unfinished or the developer goes bankrupt, you don't have to repay the remaining loan to the bank. On the other hand, if the purchase contract in your hand is still valid, you must continue to repay the remaining loan of the bank.
But in any case, the introduction of this clause also shows the progress of our country. This negotiable method is better than "must be returned" when nothing can be discussed properly.