What to do if the developer does not sign the contract for no reason

Legal analysis: 1. There are generally three reasons, after the housing contract, it is not possible to take the purchase contract immediately, and the normal process is required, and there may be a certain amount of time.

2. Another reason is that some developers will delay signing the contract in order to prevent buyers from having objections after carefully reading the contract, and they are afraid of making extraneous complications and asking to modify the purchase contract.

3. Another reason is the loan problem, the developer presses the purchase contract to prevent some customers from being able to pass the bank loan approval.

Legal basis: "Regulations on the Administration of Urban Real Estate Development and Operation" Article 33 The purchaser of the pre-sold commercial housing shall go through the formalities of changing the land use right and registering the ownership of the house within 90 days from the date of delivery of the commercial house.

Legal analysis: The developer's handling of the contract is as follows: 1. You can continue to ask the developer, and if you are temporarily unable to obtain the original, you can ask the developer to provide a copy and affix a seal of "this document is no different from the original"; 2. If the developer still refuses to provide it, the real estate management department can be asked to intervene.

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

Article 596: The contents of a sales contract generally include the name, quantity, quality, price, time limit, place and method of performance, packaging method, inspection standards and methods, settlement method, words used in the contract and its effect, etc.

Article 597:If the ownership of the subject matter cannot be transferred because the seller has not obtained the right of disposition, the buyer may terminate the contract and request the seller to bear the liability for breach of contract. Where laws or administrative regulations prohibit or restrict the transfer of subject matter, follow those provisions.

Article 598:The seller shall perform the obligation to deliver the subject matter to the buyer or to deliver the documents for the extraction of the subject matter, and to transfer the ownership of the subject matter.

Article 599:The seller shall, in accordance with the agreement or trade customs, deliver to the buyer the relevant documents and materials other than the documents for the extraction of the subject matter.

Hello I am glad to answer for you the reason why the developer has not signed the purchase contract for a long time. 1. After signing the purchase contract with the developer, you can't take the purchase contract immediately. Because the developer needs to take the contract to the headquarters for sealing, and also needs to go to the housing authority to go through the contract filing procedures and other formalities.

According to the relevant laws and regulations of China, the pre-sale of commercial housing should go through the contract filing procedures within 30 days of signing the contract. 2. Under normal circumstances, buyers will sign 4-6 purchase contracts, one for the record of the bank, one for the record of the housing authority, one for the owner, and the other for the developer. Usually, after the purchase contract is filed, the developer will notify the buyer to get the purchase contract.

However, in order to prevent buyers from objecting after carefully reading the contract, some developers ask to modify the contract for the purchase of this Shenqing house, so they will withdraw the purchase contract. 3. Some developers will handle the housing loan procedures on behalf of customers, and the developer presses the purchase contract to prevent some customers from failing to pass the bank loan approval, or the loan amount is insufficient. Generally, it is not until the housing loan procedures are completed and the developer receives the full payment before the buyer is notified to receive the purchase contract.

If the developer has paid the down payment but has not signed the house purchase contract, the party concerned may urge the developer to sign the house purchase contract within a reasonable period of time, and if the developer still does not sign it after the expiration of the time limit, the party concerned may request the return of the down payment, and if the developer does not return it, the party may file a lawsuit with the people's court.

Article 16 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 provides that if a party requests a reduction of the agreed liquidated damages on the grounds that the agreed liquidated damages are too high, the liquidated damages shall be appropriately reduced on the basis that the liquidated damages exceed 30% of the losses caused; Where a party requests an increase on the grounds that the agreed liquidated damages are lower than the losses caused, the amount of liquidated damages shall be determined on the basis of the losses caused by the breach of contract.

Summary. Hello, according to your description, the developer can sue the court if he delays signing the formal contract, and the court has ruled that the developer will sign the formal contract within the agreed time limit.

Hello, the full payment of the shop I bought has been paid. Every time I ask the developer to sign a contract, I don't sign it, and I give a house purchase agreement at that time, I want to ask Lu how to deal with this problem?

I bought it in 2017 and haven't signed a contract yet, what should I do?

I asked many times, but some of the tall minions couldn't solve the problem, and the developer's let Lu Qi face it. Now I don't know what the reason is, I can't sign the contract directly, I want to know how to deal with it.

Hello, according to your description, if the developer does not sign a formal contract for a long time, it can be filed with the court, and the court has ruled that the developer will sign a formal contract within the agreed time limit.

Is there a time limit for this? I bought it in 2017, but I can't sign it now. Can I still sue now?

Hello, if the developer does not sign a formal contract within the agreed time limit, or does not agree on the term of signing a formal contract and after a reasonable period of time, the developer still does not sign a formal contract with the buyer, the behavior of the developer constitutes a breach of contract, and the developer can negotiate to solve it.

In this issue, I have been asking the developer to keep playing**, and there are also **recordings, and the developer has been pushing, but I can't sign the contract.

After the court files the case, you can provide the court with the purchase agreement, as well as the relevant evidence such as the recording of the telephone call, and protect the legitimate rights and interests of your state Jane through legal means.

Legal analysis: If the time limit for signing a formal contract is agreed upon when the deposit is paid, the developer may be required to perform the obligation to sign the contract within the agreed time limit; If the developer has not signed the contract by the expiration of the term, it can claim to terminate the contract, and the developer will return the deposit twice and the down payment; It is also possible to sue the developer in court to ask the developer to sign a contract. If the term for signing the contract is not agreed, the other party can be claimed to sign the contract at any time (written claim), but the developer needs to be given the necessary time to prepare, and if the developer has not signed the contract after the expiration of the period, the developer can claim to terminate the contract, and the developer will return the deposit twice and the down payment; You can also sue the court to ask the developer to sign a contract with you.

Legal basis: Article 511 of the Civil Code of the People's Republic of China If the parties are not clear on the content of the relevant contract, and it is still uncertain according to the provisions of the preceding article, the following provisions shall apply: (1) if the quality requirements are not clear, it shall be performed in accordance with the mandatory national standards; where there are no mandatory national standards, they shall be performed in accordance with the recommended national standards; If there is no recommended national standard, it shall be performed in accordance with the industry standard; Where there are no national standards or industry standards, they shall be performed in accordance with the usual standards or specific standards that meet the purpose of the contract.

2) If the price or remuneration is not clear, it shall be performed in accordance with the market ** of the place of performance at the time of conclusion of the contract; If the ** pricing or ** guide price shall be implemented in accordance with the law, it shall be performed in accordance with the provisions. (3) Where the place of performance is unclear and the currency is paid, the place where the receiving currency is located; If the immovable property is delivered, it shall be performed at the location where the immovable property is located; Other subject matter shall be performed at the location of the party performing the obligation. (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.

5) If the method of performance is not clear, it shall be performed in a manner conducive to the realization of the purpose of the contract. (6) Where the burden of performance costs is not clear, the party performing the obligation shall bear the burden; The creditor shall bear the performance costs increased due to the creditor's reasons.