What should I do if the seller does not deliver the house when it expires, and what should I do if t

If the developer delays the delivery of the house, he should complain to the real estate bureau or the consumer association or other departments to solve the problem, or file a lawsuit with the people's court. The delay in delivery is a breach of contract, but the liability for breach of contract shall be based on the contract, and if there is no agreement, the liability for breach of contract can be borne in accordance with the provisions of laws and administrative regulations. The buyer shall exercise his rights in accordance with the contract, and if the developer is late in delivering the house, the buyer shall exercise his rights according to the purpose he wants to achieve and the specific provisions of the contract.

The time limit for exercising the right of rescission is three months after being urged by the other party. If the other party does not demand, the right of rescission shall be exercised within one year from the date of occurrence of the right of rescission. If there is a clear agreement in the contract on the handling of late delivery, it will generally be handled in accordance with the agreement.

If there is no agreement in the contract on the handling of late delivery, or the agreement is not clear, or the prohibition provisions of laws and administrative regulations are violated, it shall be handled in accordance with the relevant laws and regulations. If the buyer uses the house that the developer has delivered late, the developer can still be held liable for breach of contract. Legal basis:

Article 128 of the Contract Law of the People's Republic of China provides that the parties may resolve contract disputes through conciliation or mediation. If the parties are unwilling to settle or mediate, or if the settlement or mediation fails, they may apply to the arbitration institution for arbitration in accordance with the arbitration agreement. The parties to a foreign-related contract may apply to a Chinese arbitration institution or other arbitration institution for arbitration in accordance with the arbitration agreement.

If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may file a lawsuit with the people's court. The parties shall perform legally effective judgments, arbitral awards, and mediation documents; Where performance is refused, the other party may request the people's court to enforce it.

The sale does not break the lease, the rental contract continues to be valid, and you can take over the rent.

If the off-plan property is not delivered when it expires, the buyer can serve a reminder notice to require the seller to deliver the house as soon as possible and compensate for the loss beyond the date; The buyer can exercise the right to terminate the contract after more than 3 months, and the seller shall bear the corresponding liability for breach of contract.

Legal basis:Article 30 of the Administrative Measures for the Sales of Commodity Housing.

The real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on schedule. If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract. If it is necessary to postpone delivery due to force majeure or other reasons agreed by the parties in the contract, the real estate development enterprise shall promptly inform the buyer.

Article 563 of the Civil Code.

The parties may terminate the contract under any of the following circumstances:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract;

5) Other circumstances provided for by law.

In our daily life, many people will buy a house in other places, and some people like to buy off-plan housing, so what should we do if we don't hand over the house after the expiration of the house? Today, I will talk to you about this problem, I hope it can help you, and interested friends can follow along to learn about it.

1. What should I do if the house is not delivered when it expires.

If the house is not delivered when it expires, we can take the purchase contract at that time, find the developer, and ask the developer to pay us the corresponding liquidated damages, because the failure to deliver the house after the expiration of the house is a kind of breach of contract, and you can ask the other party to bear the liability for breach of contract, compensate for liquidated damages, or terminate the contract and return the house payment.

2. Can I return the house if it is not delivered when it expires?

1. There are two situations in which the house is not delivered when it expires, one is for quality reasons, and the other is because of irresistible natural disasters.

2. If there is no way to deliver the house due to quality reasons, this is the responsibility of the developer, which is a breach of contract, and we can ask the developer to terminate the contract, return our house payment, and bear the corresponding liability and compensation for breach of contract.

3. If it is an irresistible natural disaster, then there is no way to refund the payment.

3. The consequences of not handing over the house after the expiration of the purchase contract.

1. If the house is not delivered after expiration, the buyer can have the right to terminate the contract, and the seller and the developer must bear the corresponding liability for breach of contract to the buyer, and follow the buyer's opinion to terminate the contract.

2. If the seller still does not perform the corresponding responsibilities within three months, the buyer needs to go to the court to sue for the termination of the contract, and the court will automatically terminate the contract, and the seller needs to return all the house payment.

The above is a summary of the relevant content and information about what to do if the house is not handed over when it expires, I hope it can help you. If you have any other questions, you can leave a message at the bottom of the platform, and we will solve the problem for you in time. Finally, if you have any questions about home furnishing or home decoration, you can pay more attention to Qeeka Home.

If the seller fails to deliver the house and is reminded to deliver the house within a reasonable period of time, the buyer may request the seller to compensate for the loss of the overdue part of the time; If the seller fails to deliver the property within a reasonable period of time after being reminded and the seller does not give a valid reason, the buyer may terminate the contract and all losses shall be borne by the seller.

Legal basis:

Article 563 of the Civil Code.

In case of any of the following circumstances, the parties may terminate the contract:

1) The purpose of the contract cannot be achieved due to force majeure;

2) Before the expiration of the performance period, one of the parties clearly indicates or shows by its own conduct that it will not perform the main debt;

3) One of the parties delays the performance of the main debt and fails to perform it within a reasonable period of time after being reminded;

4) If one of the parties delays the performance of the debt or has other breaches of contract, the purpose of the contract cannot be achieved;

5) Other circumstances provided for by law.

In the case of an indefinite contract with the content of a continuously performed debt, the parties may terminate the contract at any time, provided that they notify the other party before a reasonable period of time.

Article 577.

If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Legal analysis: Liquidated damages compensation can be made according to the Hechai Verification. If there is no agreement in the contract on the handling of late delivery, or the agreement is not clear, or the prohibition of the law or administrative regulations is violated, it shall be dealt with in accordance with the relevant laws and regulations.

According to the relevant laws and regulations, if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

Legal basis: Article 577 of the Civil Code of the People's Republic of China provides that if one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, it shall bear the liability for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.

You can accompany Zheng through active communication and negotiation to ask the other party to hand over the house. If communication and negotiation cannot be resolved, you can file a lawsuit with the court to protect your rights. If it is objectively impossible to deliver the house, and it is impossible to hand over the house or handle the registration of the house transfer in the future, you can claim to terminate the contract and require the other party to return the purchase price and interest, and the other party shall also bear the liability for breach of contract if it is at fault.

Contract Law: Article 94 A party may terminate a contract under any of the following circumstances: (1) The purpose of the contract cannot be achieved due to force majeure; (2) Before the expiration of the performance period, one of the parties clearly expresses or shows by its own conduct that it will not perform the main obligation; (3) violently imitating one of the parties to delay the performance of the main debt, and failing to perform it within a reasonable period of time after being reminded; 4) One of the parties delays the performance of its obligations or commits other breaches of contract, resulting in the inability to achieve the purpose of the contract; 5) Other circumstances provided for by law.

Article 107:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, it shall bear liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.