烂尾楼业主如何讨还房款？最新司法解释来了

Core Viewpoint - The Supreme People's Court has issued an interpretation that clarifies the rights and responsibilities of homebuyers, particularly in cases of unfinished properties, providing a legal basis for them to reclaim their payments under certain conditions [1][3][11]. Group 1: Legal Interpretation Details - The interpretation consists of 23 articles aimed at promoting standardized execution and addressing the issue of "difficult execution" in real estate transactions [1][3]. - It specifies that if a homebuyer has paid into a developer's pre-sale fund account and the housing contract has been terminated, the court should support the buyer's request to exclude their payment from forced execution [1][4]. - The interpretation also allows homebuyers to request the return of their payments if the property cannot be delivered and the contract has been terminated, reinforcing their rights [1][4][6]. Group 2: Impact on Homebuyers - The new interpretation is expected to help homebuyers avoid the situation of losing both their money and the property, commonly referred to as "money and house both empty" [5][6]. - It expands the scope of consumer protection for homebuyers, allowing for a broader range of claims beyond just housing needs, including residential living needs [6][11]. - The interpretation provides clearer legal grounds for homebuyers to reclaim their payments, thus enhancing their confidence in the judicial process [10][11]. Group 3: Context and Background - The real estate market has been undergoing adjustments, leading to an increase in unfinished projects, which has adversely affected homebuyers [3][10]. - The Supreme Court has noted a rising trend in execution objection lawsuits, indicating a growing need for legal clarity in these matters [3][10]. - Previous interpretations from 2020 laid the groundwork for the current changes, emphasizing the need for fairness in the obligations of homebuyers and developers [3][4][11].