If there is no agreement on the delivery time, can the seller not deliver the house indefinitely?

Because the specific delivery time is not reflected in the contract, so that when I have paid all the house payment and agency fees, so far I only have a copy of the "Commodity Sales Contract" and the performance letter of the property in my hand, which reflects the words "If you fail to come to handle the handover of the property within the time limit, it will be deemed that you accept our company to handle the delivery of the house with the buyer on your own", but the agent explained to me that this is just a way to let the seller perform the contract as soon as possible, and they have no right to handle the delivery of the house with me on their own.

How can I solve this problem? Please help me! Thank you!

Answer: Article 139 of the Contract Law stipulates that "if the parties have not agreed on the delivery period of the subject matter or the agreement is not clear, the provisions of Article 61 and Article 62, Paragraph 4 of this Law shall apply". Article 61 provides:

After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement it by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant terms of the contract or transaction customs" Article 62 stipulates that if the parties are not clear about the content of the relevant contract and cannot be determined in accordance with the provisions of Article 61 of this Law, the following provisions shall apply: 4) If the time limit for performance is not clear, the debtor may perform at any time, and the creditor may also request performance at any time, but the other party shall be given the necessary time to prepare".

According to the above provisions, although you and the seller do not reflect the specific delivery time in the agreed contract, as the buyer, you can determine the delivery time according to the following circumstances: 1. Determine it in accordance with the relevant terms of the contract; 2. Determine according to trading habits; 3. You can ask the seller to deliver the house at any time, but you should give the seller the necessary time to prepare.

If the seller fails to deliver the house within the delivery time, the seller is in breach of contract, and you can sue the court to require the seller to move out of the house, compensate for economic losses, and protect your legitimate rights and interests.

Hello, definitely not, the specific advice is to consult a lawyer, the question is what house did you buy why, there is no agreed delivery time?

There is no agreed delivery time, the seller can deliver at any time, the buyer can ask for delivery at any time, if you still have questions, you can search for ** in my nickname, there are many lawyers who offer free ** consultations.

Related Notes:

The delivery time should be specified in the pre-sale contract. For example, the delivery decoration standards, the service items of the property, the charges, etc., and at the same time clarify the liability for breach of contract. Note that the developer uses the "reasonable extension" right to delay the delivery time for too long.

Refuse to pay some unreasonable and unfounded fees, such as the developer's fees for hiring a lawyer, intermediary fees, bank charges, etc.

Note: If you want to buy an underground garage, you should indicate the scope of the underground parking space, the parking space number, the pre-sale area, the pre-sale price, the maintenance fee, the property management fee, etc. The duration and scope of the warranty of the house.

Agree on the maintenance period and conditions. Clarify the responsibilities of both parties if the mortgage cannot be completed.

Buying a house usually requires a mortgage, and there are indeed cases where the mortgage is not done, and the reasons for not doing it are more complicated, there are reasons for buyers, there may also be reasons for real estate developers, and even some are bank reasons, and some are comprehensive.

From the signing of a new supplementary agreement, the time of transfer, the time of delivery of the house and the time of payment of the house will be further clarified. In order to smoothly complete the procedures for the change of property rights and the delivery of the house.

The first question is that the contract for the sale and purchase of a house is a contract of promise, and if there is no agreement on the delivery period, both the seller and the buyer can demand delivery at any time.

The second question: It depends on how the content of your contract stipulates the delivery method of the subject, if it is stipulated that the deposit will be handed over, then you can apply to the real estate bureau for implementation.

I'm sorry, since I'm studying criminal law, and I'm not familiar with civil law, so I know a lot and hope to help you.

Compensation can only be claimed after the full amount has been paid.

Legal Analysis: Generally not sold.

Legal basis: "Real Estate Management Law" Article 39 Where land use rights are obtained by way of transfer, the following conditions shall be met when transferring real estate:

A) in accordance with the transfer contract has paid all the land use right transfer fees, and obtained the land use right certificate;

2) In accordance with the provisions of the transfer contract for investment and development, if it is a housing construction project, more than 25% of the total development investment shall be completed, and if it belongs to a piece of development land, it shall form industrial land or other construction land conditions.

Failure to deliver the house at the agreed delivery time is generally a breach of contract and does not constitute fraud.

Article 30 of the Administrative Measures for the Sales of Commodity Housing stipulates that real estate development enterprises shall deliver the commercial housing that meets the conditions for delivery and use to the buyer on time in accordance with the contract. 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 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.

According to Article 577 of the Civil Code, if a party 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 30 of the Administrative Measures for the Sales of Commercial Housing.

The real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for the use of the goods 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 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.

Article 577 of the Civil Code.

If one of the parties fails to perform its obligations under the contract or the performance of the obligations of the contract 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.

According to Article 510 of the Civil Code, after the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, it may be supplemented by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant provisions of the contract or transaction customs. If it is still uncertain, the seller may perform at any time, and the buyer may also require the seller to perform at any time, provided that the other party is given the necessary time to prepare. In order to give the buyer a reasonable time to prepare for the receipt of the subject matter, such as preparing a warehouse, the seller should notify the buyer before delivery.

Even if the law does not specifically provide for this, this is an obligation that the seller should perform in accordance with the principle of good faith and good faith. As for how long this period of preparation should be, it should be reasonably determined according to the specific circumstances, and it is difficult to generalize.

Article 510 of the Civil Code: After the contract takes effect, if the parties have not agreed on the quality, price or remuneration, place of performance, etc., or the agreement is not clear, they may supplement the contract by agreement; If a supplementary agreement cannot be reached, it shall be determined in accordance with the relevant terms of the contract or the trading habits of the wax ear consumer.

The proportion of off-plan housing in the real estate market is still very large, and most people will choose to buy off-plan when buying a house. However, there is a long waiting period for the delivery of off-plan housing, can it be sold if the off-plan property is not delivered?

1. The real estate transaction involves the change of property rights, and a legal property right certificate is required, but the property right certificate needs to be completed after the house is actually completed, so the off-plan house that has not been delivered cannot be sold.

2. If the contract has just been signed, the contract can be transferred, and the consent of the developer is required for this transfer.

3. Buying off-plan houses is relative to existing houses, choose more when choosing **, first of all, there are more off-plan houses than existing houses, and secondly, the existing houses with good levels and better orientation are basically famous flowers, and most of the rest are some less than ideal levels and poor houses. There are more houses that are not so good in the existing houses, and most of the houses with better locations are off-plan houses, so buyers have a lot of choices.

That's it for the introduction of whether the off-plan property can be sold if it is not delivered.

Off-plan properties that have not been delivered are generally not sold, because the off-plan properties that have not been delivered have not obtained the house ownership certificate. According to the relevant provisions of the Law of the People's Republic of China on the Administration of Urban Real Estate, the following real estate shall not be transferred: 1. If the land use right is obtained by way of transfer, it does not meet the conditions stipulated in Article 39 of this Law; 2. Judicial or administrative organs make rulings or decisions to seal up or otherwise restrict real estate rights in accordance with law; 3. Recovering the right to use the land in accordance with the Cover Law; 4. Co-ownership of real estate without the written consent of other co-owners; 5. The ownership is disputed; 6. Failure to register and receive the ownership certificate in accordance with the law.

Therefore, the disadvantages of pants, the off-plan house is generally not delivered, and it cannot be sold.

Article 38 of the Law of the People's Republic of China on the Administration of Urban Real Estate The following real estate shall not be transferred: (1) the land use right obtained by way of transfer does not meet the conditions stipulated in Article 39 of this Law; (2) Judicial and administrative organs make rulings or decisions in accordance with law to check rents and seal them or otherwise restrict real estate rights; (3) Recovering the right to use land in accordance with law; (4) Co-ownership of real estate without the written consent of the other co-owners; (5) The ownership is disputed; (6) Failure to register and receive a certificate of ownership in accordance with law; (7) Other circumstances where laws or administrative regulations prohibit transfer.

The off-plan property can be bought and sold without delivery, and you need to sign a transfer contract at the sales office! It's just that the price is not determined by the developer!

Off-plan housing refers to the house that has not yet completed construction, and there is a certain risk in buying off-plan housing. Article 45 of the Real Estate Management Law of the People's Republic of China stipulates that if the commercial housing is pre-sold, it shall be separately stipulated by the first party, and the pre-purchaser of the commercial housing will transfer the uncompleted pre-sold commercial housing purchased. However, there are no provisions so far, and there are no provisions in the "Administrative Measures for the Sales of Commodity Housing" and the "Judicial Interpretation on the Contract for the Sale and Purchase of Commodity Housing" of the Ministry of Construction.

Article 44 of the Measures stipulates that if the pre-purchaser transfers the pre-purchased commercial housing after the pre-sale registration and before the completion of the commercial housing, it shall be handled in accordance with the following provisions: (1) if the total price agreed in the pre-sale contract of the pre-sold commercial housing is not paid, the pre-purchaser shall obtain the consent of the real estate development enterprise; (2) If the total price agreed in the pre-sale contract of the pre-sold commercial housing has been paid, the pre-purchaser shall notify the real estate development enterprise in writing to transfer the pre-purchased commercial housing. If the pre-purchased commercial housing is transferred, the pre-purchaser shall sign a written contract with the transferee, and apply to the original registration authority for changing the pre-sale registration in accordance with the provisions of Article 40 of these measures within 15 days after the contract is signed.

This method is mainly aimed at the sales behavior of the developer, considering to ensure the safety of the buyer's funds. Legally, off-plan properties that have not been granted title deeds cannot be transferred. Those who have obtained the pre-sale conditions of commercial housing can be transferred.

Article 44 of the Administrative Measures for the Sales of Commodity Housing If the pre-purchaser transfers the pre-purchased commercial house after the pre-sale registration and before the completion of the commercial house, it shall be handled in accordance with the following provisions: (1) If the total price agreed in the pre-sale contract of the pre-sold commercial housing has not been paid in full, the pre-purchaser shall obtain the consent of the real estate development enterprise;(2) If the total price agreed in the pre-sale contract for the pre-sold commercial housing has been paid, the pre-purchaser shall notify the real estate development enterprise in writing of the transfer of the pre-purchased commercial housing. In the case of the transfer of the pre-purchased commercial housing, the pre-purchaser and the transferee shall sign a written contract, and within 15 days after the contract is signed, in accordance with the provisions of Article 40 of these measures, apply to the original registration authority for changing the pre-sale registration.