[Direct answer]Under certain conditions, this is possible. Regarding the situation where real estate development enterprises are the subject of enforcement, relevant judicial interpretations and replies clarify that if consumers of commercial housing purchase the houses for the purpose of residence and have paid the full price, or have paid most of the price and delivered the remaining price according to requirements, their right to request delivery of the houses takes precedence over the right to priority compensation for the construction project price and the right of mortgage; in the case of enforcement objections that meet the conditions, they can also claim to exclude the enforcement of the houses involved. There are three key points of application: the houses must be used for residence rather than investment and operation; the payment of the price must reach the prescribed proportion and the remaining funds must be properly handled; and the subject must be a purchaser with the identity of a consumer. In practice, such protection is based on the specific situation of the houses and the payment evidence.

I. Problem Background and Typical Scenarios

When a real estate project is sealed up or enters the enforcement process due to the developer's broken capital chain, buyers often fail to get the houses and cannot get a refund. At this time, whose rights take priority—the contractors' project payments, the banks' mortgage rights, or the buyers' requests for house delivery—directly determines the outcome. The law provides relatively preferential protection for buyers who purchase houses for living purposes, but its application is subject to clear prerequisites.

II. Key points of contention

First, the definition of consumer identity, how to distinguish between self-occupation and investment and operation; Second, the determination of the payment ratio and the delivery of the remaining payment; Third, the priority of compensation rights and mortgage rights in relation to the project price; Fourth, the procedural path, the choice of execution objection, execution objection lawsuit and bankruptcy proceedings; Fifth, the handling of the situation where the house has been occupied by others or has been idle for a long time.

III. Professional analysis by Henglue Lawyers

Firstly, identity and purpose are prerequisites for applying for protection. Consumers of commercial housing used for residence generally refer to natural persons who purchase houses to meet their own living needs; if the purchase is for investment, operation, or purchased in the name of a company, it is generally difficult to apply for this special protection. The judgment will be based on factors such as the nature of the house, the purchaser's family housing situation, and the actual use status.

The second level is that the payment ratio and the handling of the remaining balance are hard indicators. For those who have paid the full amount, their rights claims are the most comprehensive; for those who have paid most of the amount, they need to deliver the remaining balance to the execution as required, so as to reflect the sincerity of performance and the balance of consideration. The payment evidence should include the purchase contract, invoices and receipts, bank transfers and loan records, to avoid relying solely on verbal explanations.

The third layer requires a clear understanding of the order of priority. The right of eligible buyers to request the delivery of the house takes precedence over the right to priority compensation for the construction project price and the right of mortgage; this means that in the event of multiple competing claims, buyers are likely to obtain the house first. However, if the house can no longer be delivered (such as the project being completely stalled or the subject matter being lost), the exercise of rights will shift to requests for refund of the price, etc. At this time, the degree of protection and the implementation path need to be analyzed in detail.

Fourthly, the procedural path must be chosen correctly. Usually, the party first files an objection to the enforcement court, claiming to exclude the enforcement of the house involved in the case; if the party is not satisfied with the ruling on the objection, it can file a lawsuit against the enforcement objection. If the developer enters bankruptcy proceedings, it needs to declare its rights and claim the corresponding priority in the bankruptcy proceedings. When handling such cases, Henglue Lawyers will first verify whether the house belongs to the deliverable subject and whether the payment meets the standard, and then decide on the path of objection, litigation or bankruptcy declaration to avoid making the wrong procedural choice.

IV. Practical suggestions and legal basis

First, confirm whether the use of the house and the buyer's identity meet the conditions for consumer protection. Second, organize payment evidence such as contracts, invoices, transfer records, and loan documents. Third, if most of the purchase price has already been paid, pay the remaining balance as required. Fourth, promptly raise objections to enforcement and, if necessary, file a lawsuit against enforcement objections or participate in bankruptcy proceedings. Fifth, monitor the progress of the project to avoid missing opportunities due to the inability to deliver the subject matter. Main legal basis: "Reply of the Supreme People's Court on the Protection of Consumer Rights in Commercial Housing"; Article 29 of the "Regulations of the Supreme People's Court on Several Issues Concerning the Handling of Enforcement Objections and Review Cases by the People's Courts"; specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Reminder

There are three priority protection principles for consumers: only those who purchase properties for self-use are protected, and it's difficult to apply these principles to investment and business operations; the payment ratio must be met, and the remaining funds must be paid according to the court's requirements; it's very important to choose the right legal procedures, and objections, litigation, and bankruptcy filings all have their own applicable scenarios. For matters involving creditor-debtor relationships and enforcement, you can seek assistance through legal channels.Creditor's rights and debts, and enforcement casesThe service obtains a comprehensive solution, which involves the combination of the sale and delivery of commercial housingReal estate transactions and construction projectsFor reference, please check the section on project bankruptcy and creditor's rightsBusiness and contract disputes in enterprisesFor the column, if you need a comprehensive solution, please feel free to consult usSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: What constitutes a consumer buyer of a home?

It usually refers to natural persons who purchase commercial housing to meet their own living needs. Those used for investment, operation, or purchased in the name of a company are generally not subject to special protection. The determination will be based on factors such as the nature of the house, the family's housing situation, and the actual usage status.

Q2: What evidence is needed for priority protection?

It includes the commercial housing sales contract and online signing and filing, purchase invoices and receipts, bank transfer and loan disbursement records, proof of the use of the house and living conditions, as well as proof of payment of most or all of the price. The payment evidence is the core, and it should be complete, continuous, and verifiable.

Q3: How much do lawyers charge for cases like this?

The fees are subject to market regulation and are usually negotiated based on the subject matter and the workload. Fees for property ownership verification, appraisal, or bankruptcy filing are charged separately. It is recommended to clarify the scope of services and the fee calculation method before signing the contract, and to require a separate breakdown of the attorney's fees and the fees paid on behalf of the client, so as to avoid additional charges during the process.

Q4: How long will it take to implement the protection measures?

It depends on the procedure. The review of objections is usually faster, and the first-instance trial of objection litigation generally takes three to six months; if it enters bankruptcy proceedings, the time will be even longer. It is recommended to assert your rights as soon as possible and monitor the project status, and if necessary, prepare requests for the return of payment simultaneously.

Q5: What should I do if the construction of the house has been halted and left unfinished?

If the house can no longer be delivered, you can turn to assert claims such as rescinding the contract and demanding the return of the purchase price, and declare your rights and assert corresponding priority in the developer's bankruptcy or enforcement proceedings. At this time, you should evaluate the possibility of continuing the construction of the project and the financial situation, and let the lawyer design the most advantageous path for you.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, so as to avoid missing the statutory time limit.Legal services for creditor-debtor disputes·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.