Lawyer: Okay, after I buy a house, is it a breach of contract if the homeowner does not hand over th

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. Liability for breach of contract for failure to pay price: If one of the parties fails to pay the price or remuneration, the other party may require it to pay the price or remuneration.

If one of the parties fails to perform a non-debt or the performance of a non-debt does not conform to the agreement, the other party may request performance, except in any of the following circumstances: (1) It is legally or factually impossible to perform; (2) the subject matter of the debt is not suitable for compulsory performance or the cost of performance is excessive; (3) The creditor fails to demand performance within a reasonable period of time. 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.

If there is no agreement on the 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 the Contract Law, the injured party may, according to the nature of the subject matter and the size of the loss, reasonably choose to require the other party to bear the liability for breach of contract such as repair, replacement, rework, return of goods, reduction of price or remuneration. If one of the parties fails to perform its contractual obligations or the performance of its contractual obligations does not conform to the agreement, and the other party has other losses after performing the obligations or taking remedial measures, it shall compensate for the losses. Where one of the parties fails to perform its contractual obligations or performs its contractual obligations in a manner inconsistent with 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, but shall not exceed the losses that may be caused by the breach of contract that the party in breach of contract foresaw or should have foreseen at the time of entering into the contract.

If liquidated damages are agreed, the defaulting party may be required to pay liquidated damages. If there is a deposit: If the party receiving the deposit fails to perform the agreed debt, the deposit shall be returned double.

If the contract cannot be performed due to force majeure, the liability shall be partially or fully exempted according to the impact of force majeure, except as otherwise provided by law. If force majeure occurs after the parties delay performance, the breach of contract cannot be waived.

This is a breach of contract, and the agreement cannot be reached, and it can be resolved by litigation.

Is it a breach of contract not to take the house on time when handing over the house, and can I postpone the house?

1. If you don't take the house on time when you hand over the house, it is a breach of contract, and you can postpone the delivery of the house to take the stool and attack the room.

2. If one of the parties fails to perform the contractual obligations or the performance of the 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. In the contract for the sale and purchase of the house, the delivery time of the house is agreed, and if the house cannot be delivered on time, it will increase the risk of loss of the house, which is a breach of contract.

3. The delivery of the house can be postponed, but it is deemed to be checked in after the developer notifies the delivery date. If there is a problem when you collect the keys for renovation in the future, the property will not be repaired free of charge, and the property fee and heating fee will be calculated from the time of delivery, not the date of receiving the key.

Failure to collect the keys at the agreed time without a valid reason may constitute a breach of contract.

1. The state stipulates that the liquidated damages for late delivery are appropriately reduced according to the loss caused by more than 30 percent; 2. It does not exceed 30 days, from the second day of the later delivery date to the actual delivery date. The seller shall pay the buyer liquidated damages equal to 3/10,000 of the price paid on a daily basis. ongoing implementation of the contract; 3. The buyer has the right to terminate the contract after 30 days, and if the contract is terminated, the buyer shall refund the full amount plus 3/10,000 of the price paid.

the proportion of continuous implementation is 5 per 10,000; 4. Generally, the liquidated damages for opening late and opening the house are calculated according to 2 5 per day, and the law does not enforce the amount of liquidated damages for selling, which is a general operation; 5. According to the total amount of unpaid purchase price, it shall be calculated with reference to the standard for financial institutions to collect overdue loan interest stipulated by the People's Bank of China.

Legal analysis: Turnkey is not considered to be the handover, and the handover in the legal sense should include the transfer of possession and the transfer of ownership. The transfer of possession clearly stipulates in the judicial interpretation of China's commercial housing sales contract that the transfer of possession of the house is regarded as the delivery and use of the house, which is commonly known as turnkey.

Legal basis: Civil Code of the People's Republic of China Article 214 Where the creation, alteration, transfer or disappearance of immovable property rights shall be registered in accordance with the provisions of law, they shall take effect when they are recorded in the immovable property register.

Summary. Hello dear! Normally, the developer will set a certain delivery time, and if the buyer does not collect the keys within the specified time, liquidated damages may be incurred.

The specific amount and provisions of liquidated damages should be clearly stipulated in the purchase contract. It is recommended that you carefully review the purchase contract or consult the developer's policy for details. According to Article 36 of the Contract Law of the People's Republic of China, the parties shall perform their contractual obligations in accordance with the agreement.

This includes the terms of the sale and purchase agreed upon by both parties in the purchase contract. If the buyer fails to obtain the keys to the property on time or violates the relevant terms, the developer has the right to require the buyer to bear the liability for breach of contract, including the payment of liquidated damages and other corresponding legal liabilities. The specific amount and provisions of liquidated damages should be clearly stipulated in the purchase contract.

Hello dear! Normally, the developer will set a certain delivery time, and if the buyer does not collect the keys within the specified time, liquidated damages may be incurred. The specific amount and provisions of liquidated damages should be clearly stipulated in the purchase contract.

It is recommended that you carefully review the purchase contract or consult the relevant policies of the developer for details. According to Article 36 of the Contract Law of the People's Republic of China, the parties shall perform their contractual obligations in accordance with the agreement. This includes the terms of the sale and purchase agreed upon by both parties in the purchase contract.

If the buyer fails to obtain the keys to the property on time or violates the relevant terms, the developer has the right to require the buyer to bear the liability for breach of contract, including the payment of liquidated damages and other corresponding legal liabilities. The specific amount and provisions of liquidated damages should be clearly stipulated in the purchase contract. <>

Still hasn't it worked out yet.

See, thank you.

The developer delayed the delivery of the house, and the contract delivery time is in August 2022, and only now has he notified us of the delivery, can I ask him to compensate me for the dispute.

Hello! According to Article 111 of the Contract Law of the People's Republic of China, the contract between the parties shall not violate the mandatory provisions of laws and administrative regulations, or infringe on the public interest, or damage the interests of others. If the developer fails to deliver the house within the time agreed in the contract, which affects your interests and rights, you can make relevant claims and compensation to the developer.

Specifically, your rights and responsibilities should be determined according to the agreement on delayed delivery of the house in the purchase contract, as well as the relevant national regulations. Under normal circumstances, if the developer does not deliver the house on time, the buyer has the right to claim compensation for the financial losses caused. The specific amount of compensation and the formula of the party should be clearly stipulated in the purchase contract.

No, because I was also 3 months late, and the property fee when I got the house was calculated from the day the developer asked me to get the keys, and I paid the property fee for one year. I have consulted many lawyers in this area before, but the lawyers now have fewer laws and regulations on this kind, and the definition is relatively vague.

To sum up, for the party who buys the house, it is always the weak, and the developer is always the strong.

First, no penalty will be paid.

Second, even if you don't take the house, you still have to pay the property fee (from the day the property notifies you of the house), which is stipulated and legal. You can negotiate with the property to see if you can pay less for the property fee.

It is necessary to follow the specific provisions of the employment contract signed between the buyer and the developer, and generally does not need it.

Liability for breach of contractBreach of contract includes:

1).After signing the subscription letter, the buyer does not buy the house or asks for a change of house, and the developer does not sell the house or asks for a change of house;

2).Buyers don't make regular payments;

3).The developer does not deliver the house on time;

4).The change in area exceeds the agreed range;

5).The standard and quality of the house decoration do not meet the requirements, and the warranty is not in place;

6).The property transfer procedures are incomplete or cannot be completed on time.

Every developer is different, and the law isn't as rigid as it gets. However, the situation of housing prices is constantly changing, and the property fee is not too much, so you can get it when you have time. It's not too long, it's not going to be a default, the loan is being repaid, it's fine. Good luck!

Summary. If you do not go to get the keys when you hand over the house, you will be charged liquidated damages, and if you delay taking the keys when you buy a house, there will definitely be liquidated damages, and you will pay the liquidated damages according to the standard stipulated in the contract. Look at the contract signed with the developer for the sale and purchase of commercial housing, and see if there are the same provisions in the contract for the postponement of delivery.

If there are provisions in the contract, the terms agreed in the contract shall be enforced.

If the house is handed over and the key is not taken, there will be liquidated damages, and in the case of delaying the key when buying the house, Kenchen guesses that there must be liquidated damages, and the liquidated damages will be paid according to the standard stipulated in the contract. Look at the contract signed with the developer for the sale and purchase of commercial housing, and see if there are the same provisions in the contract for the postponement of delivery. If there are provisions in the contract, the terms agreed in the contract shall be executed.

Legal basis: Article 114 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 parties may request the people's court or arbitration institution to increase them; If the agreed liquidated damages are excessively higher than the losses caused by Zen Oak, the parties may request the people's court or arbitration institution to appropriately reduce them.

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

No, according to the specific provisions of the employment contract signed between the buyer and the developer, in general, it is not required.

Liability for breach of contract includes:

1) After the subscription is signed, the buyer does not buy the house or ask for a change of room, and the developer does not ** the house or asks for a change of room;

2) the buyer does not pay the payment on time;

3) The developer fails to deliver the house on time;

4) The area changes beyond the agreed range;

5) The house decoration standards and quality are not required, and the guarantee is not in place;

6) The procedure for the transfer of property rights is incomplete or cannot be handled on time.