可退房退款!最新司法解释为烂尾楼业主“撑腰”
2 1 Shi Ji Jing Ji Bao Dao·2025-07-27 04:33

Core Viewpoint - The Supreme Court's latest judicial interpretation supports homeowners of unfinished buildings in reclaiming their deposits, aiming to prevent buyers from losing both their money and their homes [1][2]. Group 1: Key Points of the Judicial Interpretation - Homeowners can reclaim their deposits even if the developer's pre-sale funds are frozen, provided they meet two conditions: the money was deposited into a regulatory account and the purchase contract has been legally terminated [1]. - In cases of bankruptcy liquidation of unfinished buildings, homeowners' claims for refunds take precedence over other debts, including construction costs and mortgages. The updated interpretation reinforces this priority in forced execution cases [1][2]. - The scope of consumer protection has been expanded from "housing needs" to "living needs," removing the restriction on "only housing." This includes commercial-residential mixed-use properties [2]. Group 2: Legal Actions for Homeowners - Homeowners should immediately verify if their payments are in the government regulatory account [3]. - Legal measures should be taken to simultaneously terminate both the purchase and loan contracts, as both are necessary for a successful claim [3]. - Homeowners must closely monitor the execution process and request the court to deduct funds from the regulatory account or auction proceeds based on the judgment [3].

可退房退款!最新司法解释为烂尾楼业主“撑腰” - Reportify