If the developer fails to deliver the shop for two years, does the law provide for the termination o

Hello, depending on the contract, if the developer constitutes a fundamental breach of contract, it can request to terminate the agreement.

1. Can the developer terminate the contract if the delivery is delayed?

1. If the house is not delivered within three months after the reminder is met, the developer can terminate the contract if the delivery is delayed. The 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 Commercial Housing stipulates that if the seller fails to perform within a reasonable period of three months after being reminded to deliver the house, the request of one of the parties to terminate the contract shall be supported, unless otherwise agreed by the parties.

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

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.

2. What are the legal conditions for the revocation of a contract?

The statutory conditions for rescission of the contract include the following:

1. Contracts concluded based on material misunderstandings;

2. Contracts concluded by fraudulent means;

3. Contracts fraudulently concluded by a third party;

4. Contracts concluded by coercion;

5. Show a fair contract.

3. Which contracts are invalid.

A contract is void in the following cases:

1. The parties to the contract do not have the corresponding ability to conclude the contract;

2. The contract violates the mandatory provisions of laws and regulations or public order and good customs;

3. The expression of intent of the contract is false;

4. There is malicious collusion in the contract, harming the legitimate rights and interests of others, etc.

Legal analysis: If the developer regrets the delay in delivering the house and can terminate the contract, and if the seller delays the delivery of the house and fails to perform within a reasonable period of three months after being reminded, the request of one of the parties to terminate the contract shall be supported. If the other party does not demand, the right of rescission shall be exercised within one year from the date of occurrence of the right of rescission; If it is not exercised within the time limit, the right of rescission shall be extinguished.

Legal basis: Article 563 of the Civil Code of the People's Republic of China 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 its obligations or commits 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.

When the buyer encounters the developer's delay in the delivery of the house, he should exercise the right of reminder in time: 1. If the buyer wants to terminate the contract, he should first make a reminder. 2. If the developer still has not delivered the house after three months after the reminder, the buyer obtains the right to terminate the contract.

That is to say, the buyer is relieved of the contract on the condition that the first developer delays the delivery of the house; second, after being reminded; The third reminder has not been handed over for three months. 3. The validity period of the buyer's right to terminate the contract is from three months after the date of the reminder and ends after one year, that is, the validity period of the right of termination is one year. The developer can terminate the contract at any time within one year, and if the one-year period is exceeded, the right to terminate will be permanently lost.

Article 563 of the Civil Code provides that under any of the following circumstances, the parties may terminate the contract immediately: (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 its obligations or commits 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.

Legal analysis: If the property is not delivered within the three-month period after the reminder is met, then the developer can terminate the contract if the delivery is delayed.

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 Commercial Housing Sales Contracts Article 15 Where the seller delays the delivery of the house or the buyer delays the payment of the purchase price, and fails to perform within a reasonable period of three months after being reminded, the request of one of the parties to terminate the contract shall be supported, unless otherwise agreed by the parties. If the law does not provide or the parties have not agreed, a reasonable period of time for exercising the right of rescission shall be three months after being urged by the other party.

If the other party does not demand, the right of rescission shall be exercised within one year from the date on which the right of rescission occurs; If it is not exercised within the time limit, the right of rescission shall be extinguished.