What should we do if the developer ran away and didn t deliver the house on time

Here are some things you should pay attention to when buying a house:

1. When buying a house and signing a contract, you should pay attention to:

1. Buy an existing house or a quasi-existing house as much as possible. In this way, many risks can be avoided, such as: the height of the window sill, the net height is too low, the balcony design is unreasonable, the house is too small, the plumbing equipment layer, the house is unfinished, indoor harmful gases, changing the structure of the house, cracks and other surface quality problems.

2. Strive to sign the contract directly in one step, do not pay a deposit, and do not sign a subscription, otherwise, it is easy to be passive and restricted. You really have to pay a deposit, and don't pay too much. Although the deposit is generally refundable before signing a formal contract, you should not trouble yourself.

3. In accordance with the law, the developer's commitment in the building brochure or advertisement shall be written into the supplementary agreement. If the developer does not agree to write, prepare a small tape recorder in advance to record the developer's verbal promise.

4. When signing the contract, in accordance with the law, the property management agreement is also signed to prevent changes in the property management fee (price increase, etc.) when checking in.

5. List the fees to be paid to avoid arbitrary charges.

6. Who does the lawyer represent? At present, in the field of real estate, there are three types of lawyers who handle real estate business, including: the developer's lawyer, the bank's lawyer, and the owner's lawyer. Only a lawyer hired by the owner himself can speak for the owner himself.

7. Sign a supplementary agreement in as much detail as possible (pay attention to reviewing the supplementary agreement provided by the seller), or sign a collective agreement; and state how to bear the liability for breach of contract, check out or not check out. What is included in check-out? How can I bear the liability for breach of contract if I do not check out?

After the contract is signed, many owners have other words in someone else's font except for their own signature, which is too passive.

Second, when receiving, you should pay attention to:

1. Check in according to the relevant documents that should be submitted at the time of handover as specified in the contract, such as: the measured area documents of the surveying and mapping department, the record form for the completion and acceptance of construction projects in Beijing, the residential instruction manual, and the residential quality assurance certificate. If it is not possible, it is indicated that "the indoor situation is not clear" to avoid a fait accompli.

2. Conduct on-site acceptance according to the delivery standards specified in the contract, and indicate the corresponding problems when checking in. If you are not allowed to enter the room for inspection, it is noted that "the situation inside is not clear" to avoid a fait accompli.

3. Pay attention to mutual contact and lay the foundation for the establishment of the owners' committee.

3. In the event of a dispute, attention should be paid to:

1. From the beginning of the contract, it is necessary to pay attention to keeping good evidence and collect as many written materials as possible from the other party.

2. Determine the correct litigation strategy, such as: administrative litigation or civil litigation first? This is the key to the success or failure of a lawsuit.

3. If possible, give full play to the strength of the collective or ask the consumer association or the first to intervene.

Go through the legal process and see how much damage can be recovered?

Legal analysis: If the developer fails to deliver the property on time, the owner can request to move out, and the developer can be required to bear the liability for breach of contract and pay liquidated damages. According to the relevant laws and regulations, 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 owner on time, and if it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract.

Legal basis: Article 30 of the Administrative Measures for the Sales of Commodity Housing shall deliver the commercial housing that meets the conditions for delivery and use to the buyer on time in accordance with the contract. 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.

Civil Code of the People's Republic of China Article 577:Where 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 liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses.

After deciding to sue, you need to prepare the following materials: 1. The complaint needs to find out the basic registration information of the other party, which can be written by yourself or find a lawyer**; and make copies according to the number of opposing parties; 2. Prepare evidence, purchase contract, invoices, receipts and other materials that can prove the existence of a contractual relationship with the other party; 3. Bring the litigation fee; Go to the court to file a case. If the developer runs away, there should be more than one victim, and it can be solved together with other people.

Legal basis: Article 509 of the Civil Code of the People's Republic of China The parties shall fully perform their obligations in accordance with the agreement. The parties shall follow the principle of good faith and perform obligations such as notification, assistance, and confidentiality in accordance with the nature, purpose, and transaction habits of the contract.

In the process of performing the contract, the parties shall avoid wasting resources, polluting the environment and damaging the ecology.

Legal analysis: If the developer does not deliver the house on time, the first thing should be carefully checked to see if there are the same provisions on the postponement of delivery in the contract signed with the developer. If there are provisions in the contract, the terms agreed in the contract shall be enforced.

If it is not explicitly stated in the contract, the buyer can move out. Except in special circumstances, the developer shall bear the liability for breach of contract and compensate the buyer for liquidated damages in order to deliver the house within the time limit agreed in the contract.

Legal basis: Article 585 of the Civil Code of the People's Republic of China: The parties may agree that when one party breaches the contract, it shall pay a certain amount of liquidated damages to the other party according to the circumstances of the breach, and may also agree on the method of calculating the amount of compensation for losses arising from the breach. If the agreed liquidated damages are lower than the losses caused, the people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties.

If the parties agree on liquidated damages for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

If the developer overdue, you can claim liquidated damages from the developer in accordance with the contract, which will be calculated from the day after the agreed delivery date to the developer's notice of the delivery time.

Since the contract stipulates the way for the developer to bear the liability for breach of contract if the house is overdue, it will be handled in accordance with the contract.

If the delivery is overdue for more than a certain time, you can choose to check out and ask the developer to bear the liability for breach of contract as agreed.

For example, in the contract, it can be agreed like this:

1. The developer shall deliver the house agreed in the contract to the buyer before a certain month, a certain year;

2. If the developer cannot deliver the house on time, then the buyer should give the developer a grace period and allow the developer to deliver the house within the grace period. However, the developer shall bear the liability for breach of contract, and the liquidated damages shall be calculated according to the interest paid by the buyer from the delivery period stipulated in the contract to the actual delivery date;

3. If the developer still fails to deliver the house after the grace period, then the buyer has the right to terminate the contract, and at the same time require the developer to return the purchase price and interest, and pay liquidated damages.

If the developer fails to deliver the house on time due to the reason of the blockage, the developer shall compensate the buyer for breach of contract in accordance with the contract, and the buyer can also move out according to the contract.

Legal basis] 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 the case of an indefinite contract with the content of a continuously performed debt, the parties to the banquet may terminate the contract at any time, but shall notify the other party before a reasonable period of time.

If the developer fails to deliver the property on time, the buyer can adopt different ways to protect its legitimate rights and interests according to different circumstances.

First, if the developer fails to deliver the property on time and fails to perform within a reasonable period of time after being reminded, the buyer may terminate the contract;

Second, if the delivery is overdue and the performance is still not performed within a reasonable period of time after being reminded, the buyer may request the developer to bear the liability for breach of contract if the buyer does not terminate the contract;

Third, if the delivery is overdue, and the developer delivers the goods within a reasonable period of time after being reminded, the contract cannot be terminated, but it can request to bear the liability for breach of contract.

It should be noted that the buyer's right of rescission must be exercised within the statutory period, and if it is not exercised, the right of rescission will be extinguished.

1. How long will it take for the house to be delayed?

It is not possible to postpone the delivery of the house at will, and the delay in delivery will bear the corresponding liability for breach of contract. If the buyer is urged to perform within a reasonable period of time, the buyer cannot terminate the contract but may request the developer to compensate for losses; If the buyer fails to perform the contract after three months of reminder and the developer does not give a justifiable reason, the buyer may terminate the contract and all losses shall be borne by the developer.

Second, what should I do if the developer can't pay the house?

The delay in the delivery of the house by the developer is a breach of contract, and the liquidated damages shall be paid in accordance with the contract for the sale and purchase of commercial housing or the provisions of the law. If the contract for the sale and purchase of commercial housing does not stipulate the amount of liquidated damages or the calculation method of compensation for losses, the amount of liquidated damages or the amount of compensation for losses may be determined with reference to the following standards:

If the house is delivered for use within the time limit, it shall be determined in accordance with the rent standard for the same type of house in the same lot announced by the relevant competent department or assessed by a qualified real estate appraisal agency during the period of overdue delivery of the house.

If the parties request a reduction on the grounds that the agreed liquidated damages are too high, the liquidated damages shall be appropriately reduced on the basis that the liquidated damages exceed 30 of the losses caused; Where a party requests an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined on the basis of the losses caused by the breach of contract.

According to Article 563 of the Civil Code, if the seller delays the delivery of the house and fails to perform within a reasonable period of three months after being reminded, the request of the person with the right to terminate the contract shall be supported, unless otherwise agreed by the parties.

If the law does not provide or the auctioneer does not agree, the reasonable period for exercising the right of rescission is three months after being urged by the other party. If the other party does not demand, the person who has the right of rescission shall exercise it within one year from the date on which he knows or should know the reasons for rescission. If it is not exercised within the time limit, the right of rescission shall be extinguished.

Article 15 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Contracts for the Sale and Purchase of Commercial Housing, which states that the seller delays the delivery of the house or the buyer delays the payment of the purchase price;

If the contract is not performed within a reasonable period of three months after being reminded, and one of the parties requests to terminate the contract, it shall be supported, unless otherwise agreed by the parties.

If the law does not provide or the parties have not agreed, a reasonable period of time for exercising the right of rescission shall be 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 it is not exercised within the time limit, the right of rescission shall be extinguished.