What should I do if the property owner can t get the real estate certificate due to the big confirma

According to the contract, the developer can be sued for breach of contract and claim liquidated damages.

Sue the developer for breach of contract.

There are several ways to bear the liability for breach of contract.

1) Pay liquidated damages. Liquidated damages: refers to a certain amount of money paid to the other party when the contract debtor fails to perform or improperly performs the contractual obligations as agreed by the parties to the contract.

2) Damages. Damages: refers to the economic compensation made by the breaching party to the other party when the property loss is caused to the other party due to the breach of contract by one party to the contract.

3) Continued fulfillment. Continued performance: refers to the judgment or special performance order issued by the court or arbitration institution to force the debtor to perform the contractual obligations within a specified time limit.

Other remedies. Article 111: If the quality does not conform to the agreement, the liability for breach of contract shall be borne in accordance with the agreement of the parties. Where there is no agreement on liability for breach of contract or the agreement is not clear, and it cannot be determined in accordance with the provisions of Article 61 of this Law, the injured party may, based on the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration.

Article 112:Where one of the parties fails to perform its contractual obligations or its performance of contractual obligations does not conform to the agreement, and the other party has other losses after performing its obligations or taking remedial measures, it shall compensate for the losses.

If the developer fails to apply for the right to confirm the property and the owner cannot obtain the real estate certificate, the real estate development enterprise shall bear the liability for breach of contract in accordance with the law.

Article 33 of the Administrative Measures for the Sales of Commodity Housing stipulates that real estate development enterprises shall bear the responsibility for the quality warranty of the commercial houses sold. The parties shall make an agreement on the scope of the warranty, the warranty period, the warranty liability, etc. in the contract, and the warranty period shall be calculated from the date of delivery;

The warranty period of commercial housing shall not be less than the duration of the warranty period agreed in the quality warranty issued by the construction project contractor to the construction unit; If the duration is less than the minimum warranty period determined in the Provisions, the warranty period shall not be lower than the minimum warranty period determined in the Provisions;

The warranty period of non-residential commercial housing shall not be less than the duration of the warranty period stipulated in the quality warranty issued by the construction project contractor to the construction unit;

If the quality problems that occur within the warranty period and fall within the scope of the warranty, the real estate development enterprise shall fulfill the warranty obligation and bear the liability for compensation for the losses caused. The real estate development enterprise shall not be liable for the damage caused by force majeure or improper use.

Information required for the confirmation of real estate development:

1. "Development Qualification Certificate", "Business License", address number and project name certification documents (original verification, copy received);

2. "Land Use Certificate", "Construction Project Planning Permit" and "Construction Land Planning Permit" (original);

3. "Permit for the Construction of Commodity Housing" (original copy of Xipei);

4. Those who have handled pre-sale must provide the "Commodity Housing Pre-sale License", and those who have been sold must provide the "Commodity Housing Export Certificate" (original);

5. "Construction Permit for Construction of Contracted Projects" or "Construction Permit" and general plan of the project (shall be filed with the Housing and Urban-Rural Development Bureau and the Planning Bureau); If the plan has been changed, the single floor plan and side view (original) shall be provided;

6. Certificate of Completion and Acceptance of Construction Projects (original);

7. Power of attorney of the legal representative of the enterprise;

8. Report on Surveying and Mapping Results, which meets the standards;

9. Housing termite prevention and control acceptance certificate;

In the case of divorce of husband and wife, the right to the property is not confirmed.

It is necessary for You Zhengwu to confirm his rights first, and then consider the issue of division.

If it is determined to be personal property, then it cannot be divided. If it is determined to be joint property, then the court will generally divide the house equally. If one or both parents make appropriate contributions to the purchase of the house, then one or both parents will also be compensated for the costs.

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

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the party who is not at fault. The rights and interests enjoyed by the husband or wife in the contracting and management of family land shall be protected in accordance with law.

Article 1089:In the event of a divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.