What is the liability for breach of contract for late delivery, and what is the liability for breach

Late delivery refers to the failure to deliver the real estate project within the specified or promised delivery period. At present, there are many projects in this situation, due to the influence of policy, construction, capital, materials, management, etc., the delivery time must be delayed, but this often has to bear a certain liability for breach of contract. In many commercial housing pre-sale contract cases, most of them are caused by the developer's late delivery, and the developer's late delivery of the house mainly includes the following five situations:

1) The developer has not obtained the pre-sale license of commercial housing. The main reason is that the developer did not obtain the pre-sale permit of the commercial housing on the delivery date agreed in the contract, resulting in the inability to start the construction of the house; Or the phenomenon of building a house illegally, but unable to deliver the house to the buyer because the relevant documents cannot be provided. (2) The developer refuses to move in because the buyer does not pay the fee.

It mainly refers to the developer's refusal to let the buyer move in at the agreed delivery time because the buyer does not pay the fees such as housing public management and maintenance**, deed tax, and property right certificate agency fees collected and paid by the buyer. (3) The developer sells two houses or buys more than one house, resulting in the inability to deliver the house to the buyer within the delivery time agreed in the contract. (4) The developer could have delivered the house within the time agreed in the contract, but due to a mistake in the work, the buyer was delayed in notifying the buyer to take possession of the house.

5) The buyer thinks that there is a quality problem in the house and refuses to move in. Legal basis: Article 63 of the Contract Law of the People's Republic of China implements ** pricing or ** guide price, and when it is adjusted within the delivery period agreed in the contract, it shall be priced according to the ** at the time of delivery.

If the subject matter is delivered within the time limit, it shall be executed in accordance with the original **; **When it falls, it is executed according to the new **. If the subject matter is withdrawn or the payment is overdue, in case of ****, it will be executed in accordance with the new **; **When it falls, it is executed according to the original**.

What are the liabilities for breach of contract for late delivery?

According to the principle that if there is an agreement and the agreement is handled according to the agreement, and if there is no agreement to deal with it in accordance with the law, if the buyer and the seller do not have a clear agreement on the handling of late delivery (including liquidated damages and damages, etc.), it shall be handled in accordance with Article 17 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 Commercial Housing Sales Contracts.

That is, if the contract for the sale and purchase of commercial housing does not stipulate the amount of liquidated damages or the calculation method of damages, the amount of liquidated damages or damages can be determined with reference to the following standards: if the payment is overdue, it shall be calculated according to the total amount of the unpaid purchase price and the standard for financial institutions to charge interest on overdue loans stipulated by the People's Bank of China.

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.

Under normal circumstances, the determination of the amount of damages needs to be determined in the course of litigation through the assessment of the rent standard of the same type of house in the same area by a qualified real estate appraisal agency entrusted by the court.

Legal analysis: the liability for breach of contract for late delivery of the house includes: if the buyer fails to terminate the contract but can request the developer to compensate for the loss of lead if it is performed within a reasonable period of time after being reminded; If the buyer fails to perform within a reasonable period of time after being reminded and the developer does not give a justifiable reason, the buyer may terminate the contract and all losses shall be borne by the developer.

Legal basis: Article 186 of the Civil Code of the People's Republic of China Where the personal rights and interests of the other party or the property rights and interests of the other party are harmed due to the breach of contract by one of the parties, the injured party has the right to choose to request that it bear liability for breach of contract or tort liability.

Legal analysis: If the developer of the stool is in breach of contract and delays the delivery of the house, it must bear the liability for breach of contract. Such liability for breach of contract includes:

1. If the buyer terminates the contract, the developer shall continue to perform the contract and deliver the house. At the same time, the liquidated damages of the buyer shall be compensated in accordance with the contract; 2. If the buyer requests to terminate the contract, the developer shall return the purchase price and interest, and compensate the buyer for liquidated damages in accordance with the contract.

Legal basis: Article 577 of the Civil Code of the People's Republic of China.

When a party who is a pure relative 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 the rude losses.

Legal analysis: The liability for breach of contract for late delivery is as follows:

1. If the buyer does not want to terminate the contract, the developer shall continue to perform the contract, deliver the house, and compensate for liquidated damages in accordance with the contract;

2. If the buyer requests to terminate the contract, the developer shall return the purchase price and interest, and compensate for the liquidated damages in accordance with the contract.

Legal basis: Article 570 of the Civil Code of the People's Republic of China: Liability for breach of contract, 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.

Article 584 of the Civil Code of the People's Republic of China: Scope of damages: If one of the parties fails to perform its contractual obligations or the performance of its 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 of the Civil Code of the People's Republic of China: Liquidated damages: 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 calculation method of the compensation for losses arising from the breach.

If the agreed liquidated damages are lower than the losses of spring spikes, 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 seller regrets and fails to deliver the house within the time limit, and the buyer does not request to terminate the contract, the seller shall continue to perform the contract, deliver the house, and pay liquidated damages to the buyer in accordance with the contract; If the buyer requests to terminate the contract, the seller shall return the principal and interest of the purchase price, and pay liquidated damages and other related losses to the buyer in accordance with the contract.

1. What to do if the house is not delivered on time.

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 developer is unable to deliver the property after the grace period, the buyer has the right to terminate the contract.

If you choose to check out, you can ask the developer to return the purchase price and interest, and pay liquidated damages, and the developer shall bear the liability for breach of contract as agreed.

2. What should be paid attention to when the real estate certificate is overdue?

If the real estate certificate is overdue, the developer shall bear the liability for breach of contract: the developer shall bear the liquidated damages in accordance with the contract if the real estate certificate is overdue; If the contract does not stipulate liquidated damages, the buyer shall be liable for the actual loss; If the contract does not stipulate liquidated damages or the amount of losses is difficult to determine, it may be calculated according to the total amount of the purchase price paid and with reference to the standard for financial institutions to collect interest on overdue cave ridge loans stipulated by the People's Bank of China.

3. What are the conditions for check-out requirements?

The conditions under which buyers can move out are mainly as follows:

1. The purchase contract is invalid. (1) The developer does not have the right to dispose of the property. (2) The developer has committed fraud.

2. If the pre-sale house priced according to the set (unit) is inconsistent with the design drawings, or the relevant dimensions exceed the agreed error range, the buyer can check out if the contract does not agree on the treatment method.

3. Area error leads to check-out. That is, the error between the area agreed in the contract and the area of property right registration reaches a certain proportion. If the contract does not stipulate a specific ratio, according to the relevant regulations, the buyer has the right to move out when the absolute value of the error ratio exceeds 3%.

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 the debts of the Bishu clan or has 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 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.