烂尾楼业主可退房退款
21世纪经济报道·2025-07-24 12:28

Core Viewpoint - The Supreme People's Court has issued an interpretation supporting the return of purchase funds to owners of unfinished buildings, providing clearer legal grounds for homeowners to reclaim their funds under specific conditions [1][3][7]. Group 1: Legal Interpretation Details - The interpretation includes provisions that allow courts to freeze the pre-sale fund accounts of real estate developers, enabling homeowners who have paid into these accounts and whose contracts have been terminated to request the return of their funds [3][7]. - It specifies that if a housing contract is invalidated or canceled due to non-delivery, homeowners can seek to exclude their funds from forced execution and request their return from the value of the property and land use rights [3][6]. - The new interpretation enhances the legal framework for handling execution objection lawsuits, which have been on the rise, thus providing a basis for protecting the legitimate property rights of homeowners [5][14]. Group 2: Implications for Homeowners - The interpretation aims to prevent homeowners from facing a situation where they lose both their money and their homes, particularly in the context of unfinished buildings [5][8]. - It expands the scope of consumer protection for homebuyers, allowing for a broader range of claims beyond just housing needs, including residential living needs, and removes restrictions on single housing [8][14]. - The interpretation clarifies that while homeowners can seek to reclaim funds under certain conditions, they are still legally obligated to fulfill loan agreements unless a court ruling states otherwise [9][14]. Group 3: Case Reference - A notable case from 2021 involved homeowners who sought to terminate their purchase and loan contracts due to the developer's failure to deliver the property, resulting in a court ruling that supported their claims for refunds [11][12][13]. - This case, now included in the Supreme Court's reference database, serves as a significant precedent, enhancing confidence among homeowners facing similar situations [13][14].

烂尾楼业主可退房退款 - Reportify