可退房退款！最新司法解释为烂尾楼业主“撑腰”

Core Viewpoint - The Supreme Court's latest judicial interpretation supports homeowners of unfinished buildings in reclaiming their deposits, aiming to prevent buyers from facing a situation where they lose 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 for real estate buyers has been expanded from "housing needs" to "living needs," removing the restriction of "only housing." This change includes commercial residential properties [2]. Group 2: Legal Actions and Implications - Homeowners are advised to take specific actions: confirm if their payments are in the government regulatory account, legally terminate both the purchase and loan contracts, and ensure the court executes the refund from the regulatory account or auction proceeds [3]. - The interpretation does not allow homeowners to stop mortgage payments arbitrarily; doing so could lead to legal consequences. The successful case cited involved homeowners who continued to fulfill their payment obligations [3].