Is it okay to postpone the receipt of commercial housing, and can the delivery of the house be postp

The commercial housing can be postponed, but it is necessary to negotiate with the developer, otherwise the risks arising after the receipt of the house shall be subject to the time of the seller's written delivery notice.

According to Article 11 of the Interpretation of Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Commercial Housing Sales Contracts, the transfer of possession of the house shall be deemed to be the delivery of the house, unless otherwise agreed by the parties.

The risk of damage or loss of the house shall be borne by the seller before delivery for use, and by the buyer after delivery for use; If the buyer receives a written notice of delivery from the seller and refuses to accept it without justifiable reasons, the risk of damage or loss of the house shall be borne by the buyer from the date of delivery and use as determined in the written notice of delivery, unless otherwise provided by law or otherwise agreed by the parties.

OK. 1. The developer and the property verify the owner's materials. Both parties confirm the closing process.

2. The owner receives the "Completion Acceptance Record Form", "Residential Quality Assurance Certificate", "Residential Instruction Manual" (these three items must be originals) and the "Housing Land Surveying and Mapping Technical Report", and the developer will explain it.

3. The owner does a comprehensive acceptance of the new house, that is, the most important part of the house inspection.

4. The owner puts forward questions, improvement suggestions or solutions for the problems existing in the acceptance. The two parties negotiate and reach a written agreement to solve the problems existing in the delivery according to the content of the agreement. If the solution cannot be resolved within 15 days, the two parties shall reach a written agreement on the solution and the time limit.

5. The developer issues the "Surveyed Area Surveying and Mapping Report", and the two parties will settle the remaining house payment, various expenses and liquidated damages for delayed delivery after confirming the area error.

6. The owner receives the key to the new house and signs the "Residential Key Receipt Letter".

7. Sign the property agreement with the property management company, pay the property fee to the property management company, and ask for the receipt of invoice or stamped confirmation.

8. Handle matters related to property rights certificates. If the owner entrusts the developer to apply for the property ownership certificate, the developer can collect the deed tax and property registration fee on behalf of the developer. The amount of the agency fee is negotiated between the two parties. The owner also has the right to refuse to act on behalf of the owner.

9. The owner signs the "Check-in Handover Form" and the house is completed.

In addition to the quality acceptance of the single project, it also requires the special acceptance certificate issued by the planning, fire protection, civil air defense, gas and other professional management departments.

Relevant contracts and agreements signed between real estate development enterprises and power supply, water supply and drainage and other operating departments, as well as proof that they have reached the conditions for normal use. Houses that have not obtained the "Completion Acceptance Record Certificate" cannot apply for a real estate certificate.

The reasons why a developer can't deliver a home are often complex, and the owner can't know the real reason why the developer can't deliver the home, leaving the owner at a loss and don't know what to do.

If this situation occurs, it is recommended that the owner must find a way to find out the real reason why the developer cannot deliver the house, and cannot listen to the words of the developer or sales staff, and collect information from multiple parties to ensure the authenticity of the information, and then take targeted measures.

In this case, the owner can choose to wait and ask the developer to bear the liability for breach of contract for delayed delivery of the house according to the contract, and the owner is reminded that if the liquidated damages agreed in the contract cannot make up for the economic loss (with the normal market rent of the house as a reference), the developer can be required to compensate for the economic loss.

2) Handling of abnormal delayed delivery: abnormal delayed delivery mainly refers to the developer's economic strength, relevant procedures are illegal and can not be handled, etc., if the above situation unfortunately occurs, it is recommended that the owner check out immediately, if the developer's debt has exceeded its assets, the owner can also apply to the court for the developer's bankruptcy, in order to protect the interests of the owner to the greatest extent!

First of all, it should be determined that the delay in delivery constitutes a breach of contract, and the corresponding liability for breach of contract should be borne. In practice, the main way is to pay liquidated damages. With regard to liability for breach of contract, if there is an agreement in the contract, of course, the agreement shall prevail, and if the contract does not stipulate the liability for breach of contract.

It's okay, you don't have to go! What they give is only the delivery time, not a deadline!! Many of us have not handed over, and as long as we accept it, we have to pay property fees, even if we don't decorate and don't live;

It is possible to postpone the closing, but it is best to find a suitable reason to inform the developer of the reason for the postponement.

Delivery refers to the act of the developer delivering the residential house that meets the agreed delivery conditions to the buyer within the delivery period agreed in the contract according to the agreement in the contract for the sale and purchase of commercial housing.

Delivery is the developer's obligation to deliver to the owner, and it is okay for him to entrust the property to deliver to the owner, but in fact, the property should provide a power of attorney. Otherwise, it is up to the developer to fulfill the delivery obligation. Moreover, the dispute over the commission itself has nothing to do with the owner.

The developer is the counterparty to the contract for the sale and purchase of commercial housing.

The "Residential Quality Assurance Certificate" is a legal document for the developer to assume responsibility for the quality of the commercial housing sold, which can be used as a supplementary agreement to the pre-contract of commercial housing and has the same effect as the contract.

China's real estate regulations stipulate that real estate development enterprises shall provide the purchaser with the "Residential Quality Assurance Certificate" and the "Residential Instruction Manual" when the commercial housing is delivered for use. The project quality assurance certificate is a legal document for the real estate development enterprise to assume responsibility for the quality of the commercial housing sold, which shall specify the quality level, warranty scope, warranty period and warranty unit verified by the project quality supervision unit. The developer shall bear the warranty liability in accordance with the provisions of the "Residential Quality Assurance Certificate".

The warranty period of commercial housing is calculated from the date when the developer delivers the completed and accepted housing. The specific warranty period and warranty scope in the engineering quality assurance certificate are: the foundation and the main structure within a reasonable service life; 3 years for roof waterproofing; 1 year for walls, kitchen and bathroom floors; The "Residential Quality Assurance Certificate" generally stipulates that basement and pipeline leakage is 1 year; The plastering layer of the wall and ceiling falls off for 1 year; 1 year for ground hollowing and cracking, and large-scale sanding; 1 year for cracks in doors and windows, damage to hardware and sanitary ware; 6 months for the damage of lamps and electrical switches; 2 months for pipe blockage; The heating and cooling system equipment is a heating period or cooling period; The warranty period of other parts and components shall be agreed by the buyer and the seller and shall be written in the project quality assurance certificate.

If there is a quality problem in the house during the warranty period, if the use function of the house is affected after the maintenance of the warranty unit, or the loss is caused to the purchaser due to the unqualified quality of the main structure, the developer shall be liable for compensation according to the project quality assurance certificate. If the purchaser believes that the quality of the main structure is unqualified, it can apply to the engineering quality supervision unit indicated in the "Residential Quality Assurance" for re-inspection, and if it is found to be unqualified after verification, the purchaser has the right to move out.

The residential quality assurance certificate is a written document that the real estate developer makes a commitment to the purchaser for the quality of the house when the newly built house is given to the buyer, and has legal effect.

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Legal analysis: If the delivery of the house is normally delayed, the buyer can require the developer to pay liquidated damages and require the developer to continue to perform the contractual responsibility of handing over the house.

Legal basis: Article 577 of the Civil Code of the People's Republic of China: 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 the liability for breach of contract such as continuing to perform, taking remedial measures, or compensating for losses. Therefore, the developer's delay in the delivery of goods and sources is a breach of contract and should bear the liability for breach of contract.

If a contract has been signed before, a penalty may be charged for the delay in receiving the property.

If the owner delays the receipt of the house, the liquidated damages, late fees and other breach of contract shall be subject to the premise, and the developer or property management company shall have the right to recover the costs from the owner. If there is no agreement between the parties, the parties may negotiate and settle the actual loss, and if no agreement is reached, either party has the right to seek judicial means to resolve the matter.

The owner can postpone the receipt of the house, but there will be some disadvantages for himself. According to the specific house sale contract, if the house does not meet the delivery conditions, then the owner generally has the right to postpone the delivery of the house. However, if the owner does not take over the house within the time agreed in the contract without a valid reason, then the owner must pay the property management fee according to the standard of the house that has been collected, and this is the owner's own loss.

Precautions for receiving commercial housing.

1. Pay attention to the agreement on room payment.

If the customer and the developer agree in the contract that the developer has the right to postpone the delivery of the house before the payment is settled, otherwise the customer must settle the payment before receiving the commercial house.

2. Whether the property fee can be messed up.

According to the current regulations, the developer of a new community generally selects a property management company and signs a pre-property management agreement. When signing the purchase contract, the developer is obliged to present the owner's provisional covenant to the buyer to make an agreement on the property fee and other related matters. Therefore, if there is a problem of property fees when the commercial house is collected, the owner can claim rights on this basis.

3. Sign the agreement for the payment of deed tax.

According to the regulations, the deed tax is generally paid to the deed tax collection authority when the buyer and seller handle the transfer or change of ownership of the property. In reality, most developers require the mortgage owner to pay the deed tax, transaction fees and other related fees when checking in the house, otherwise they will not be allowed to check in.

The reason why the developer has such a requirement is that for the owner of the mortgage to buy the house, the developer must bear the joint and several guarantee liability for the stage before the housing ownership certificate is issued. If the owner fails to pay the deed tax, transaction fee and other fees payable at the time of property rights processing in time after moving in, it will cause the real estate certificate to be delayed or unable to be processed. The reason why the owners are reluctant to pay these fees when they move in is that they are afraid of misappropriation by the developer.

The solution to this problem is for the owner to negotiate with the developer and sign the "Deed Tax Payment Agreement", stipulating the liability for breach of contract that both parties should bear.

4. Inspect the house first and then go through the procedures.

At present, when the developer delivers the house, it generally requires the owner to go through the formalities first and pay the relevant fees before allowing the owner to inspect the banquet room. For this unreasonable procedure, the owner should insist on inspecting the house first, and then go through the formalities, and should submit the relevant problems found during the house inspection to the developer in writing and ask him to sign for it, so as to avoid future disputes.

5. It is recommended that the owners collectively take over the building.

In view of the lack of professional knowledge of buyers, it is recommended that buyers can collectively collect the property when taking possession of the house, and if possible, they can hire a lawyer to guide and assist, which can not only make up for the limitation of the knowledge of a single subject, better and more effectively protect their rights, but also attract the attention of the developer and prompt the developer to make an agreement on the problems in the process of repossession.