How can the developer make relevant compensation for the delay in delivery?

Nowadays, many developers say when they buy a house whether it is good or not, but they can not meet the requirements, often either the water and electricity are not up to standard, or the housing conditions are not enough, and there will be a breach of contract at this moment, so how to calculate the standard of liquidated damages for delayed delivery, and how to compensate for delayed delivery? (1) Calculation of the time for the delay in delivery of liquidated damages.

Article 30 of the Administrative Measures for the Sales of Commodity Housing stipulates that "a real estate development enterprise shall deliver the commercial housing that meets the delivery conditions to the buyer on time".

After receiving (the developer organizes the acceptance by itself) and the fire protection acceptance, it is deemed to have met the delivery conditions; If there is an elevator and a gas pipeline, there is also an elevator permit and a gas pipeline project acceptance certificate, under such conditions, the time of the occupation notice issued by the seller shall prevail. (2) Calculation of the amount of liquidated damages for delayed delivery.

Generally in practice, the calculation is based on the amount agreed by both parties, such as the agreement on liquidated damages of 5/10,000 per day, in the face of these circumstances, the court's judgment has the following possibilities: 1. It is considered that the standard of liquidated damages is voluntarily agreed by both parties, and it is supported according to the principle of freedom of contract (autonomy of will);

2. After the application review, the liquidated damages are considered to be high, and they will be reduced and adjusted to 3/10,000 per day.

3. After the application review, if the liquidated damages are considered to be high, they will be reduced and adjusted to the loan interest calculated according to the purchase price for the same period.

When buying a house and checking in, it is important to pay attention to the fact that it has been selected to keep the relevant evidence of breach of contract with the developer for late delivery, so as not to be able to obtain legal protection in time when the final property is threatened. If your rights and interests are not protected, you can consider appealing with your neighbors.

How should the developer calculate and compensate for the liquidated damages for delayed delivery.

The developer can compensate for the delay in handing over the house. If the liquidated damages for late delivery have been stipulated in the housing sales contract signed between the buyer and the developer, the compensation can be made according to the amount agreed in the contract; If there is no agreement or the agreement is unclear, compensation can be made according to the total amount of the house payment multiplied by the bank loan interest rate and the overdue time for the same period.

[Legal basis].Article 584 of the Civil Code.

If one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, causing losses to the other party, the amount of compensation for losses shall be equivalent to the losses caused by the breach of contract, including the benefits that can be obtained after the performance of the contract; provided, however, that it shall not exceed the losses that may be caused by the breach of contract that the breaching party foresaw or should have foreseen at the time of entering into the contract.

Article 585.

The parties may agree that one party shall pay a certain amount of liquidated damages to the other party in accordance with the circumstances of the breach of contract, and may also agree on the method of calculating the amount of compensation for losses arising from the breach of contract. 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.

Legal analysis: Yes, the developer's delay in delivering the house constitutes a breach of contract and should bear the responsibility for violating the contract. If the contract stipulates the liability for breach of contract in the case of delay in delivery, it shall be handled in accordance with the agreed amount of liquidated damages or calculation method.

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

Therefore, if there is no agreement on the performance standard for the delivery of the house in the contract or the agreement is unclear, the time when the house ownership certificate is obtained should be used to deliver the house. Therefore, although the house has been built and passed the completion acceptance, but the real estate ownership certificate has not been completed within the agreed time limit, which constitutes an act of delaying the delivery of the house, it shall be dealt with as follows:

1) If the seller delivers the goods within a reasonable period of time after being reminded, the buyer cannot request to terminate the contract, but may request the seller to bear liquidated damages according to the number of days of delay.

2) If the seller postpones the delivery of the house and still fails to perform within a reasonable period of time after being reminded, but gives a reason for the postponement, in this case it is not necessary for the buyer to terminate the purchase contract. Although it is not due to force majeure or the exemption reason agreed in the contract, but it is within the scope that the buyer can bear, such as the seller's financial problems that have caused the suspension of work for a period of time and have now resumed, etc., the buyer can choose to wait and ask the seller to bear liquidated damages.

3) If the seller delays delivery and still fails to perform within a reasonable period of time after being reminded, and does not give a reasonable reason or blindly shirks and evades, the buyer may request the termination of the Chun Jinghan contract and require the seller to bear the liability for breach of contract and compensate for its own losses.

Legal basis: 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 Commodity Housing Article 17 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, and the amount of liquidated damages or damages 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 late delivery and use of the house.