The most effective solution for the developer to default and delay the delivery of the house?

The solutions for the developer's default and non-delivery are:

1. Before protecting rights, it is common to find out the reason for the overdue delivery of the house by the developer. There are many reasons why the developer is late in delivery, including: force majeure factors, insufficient strength of the developer, financial disputes between the builder and the developer, the suspension of construction, due to the failure of municipal facilities in place, the failure of the real estate community to complete as scheduled, the owner finds that the real estate has various problems before receiving the house and refuses to accept the house, the developer changes the plan without authorization, and the developer's real estate has not passed the acceptance of the relevant acceptance department.

Therefore, it is important to understand the reasons for late delivery before defending your rights.

2. Negotiate with the developer to solve the problem of delayed delivery, it is faster and more economical to negotiate with the developer. The buyer can talk to the developer in person or by entrusting a lawyer to explain to the other party the situation of the delay in delivery, and put forward a request for negotiation and settlement, such as asking for compensation. If you can reach an agreement with the developer, then you can save a lot of unnecessary trouble.

In addition, it should be noted that if the agreement with the developer is successful, remember that both parties should confirm the content of the settlement in writing, so as to avoid one party regretting it afterwards.

3. The power of the owner to unite a person is limited, and may not attract the attention of the developer, usually when there is a problem, the developer will send a business person who can speak well to negotiate with the owner, delay time or find various reasons to excuse, and some will make various promises to calm the anger of the owner. Gather the owners to seek compensation from the developer, and the developer will give a small amount of compensation or a certain reduction of property fees to compensate.

4. If the developer applies for check-out and has a delay in the delivery of the house, it can apply for check-out, according to the relevant laws and regulations: "The real estate development enterprise shall, in accordance with the contract, deliver the commercial housing that meets the conditions for delivery and use to the buyer on time." If it fails to deliver on time, the real estate development enterprise shall bear the liability for breach of contract".

However, checking out is not a good deal for the buyer, after all, the price of the home may have increased while the buyer is waiting to pick up the house.

One is to wait, waiting for the final delivery;

The second is to go to the developer to protect their rights, and the developer may not be able to pay the house for various reasons, and the process of rights protection is also laborious, empty, and useless;

Third, the buyers jointly find the developer or the department to protect their rights, and the department will urge the developer to solve the problem, which may have a certain effect;

Fourth, individuals file legal proceedings to demand liquidated damages for delayed delivery, etc., and the litigation time is generally relatively long, and it is inevitable to work hard and may not achieve the effect;

Fifth, wait first, and finally if you can't do it, you will sue.

Finally, bless and believe that everything will be fine, everything that happens is what we should experience in life, report less grievances, treat it with a peaceful heart, and wait for the day when the flowers bloom.

Legal analysis: 1. You can complain to the local housing management department or the consumer association, and the co-ordination of big business claims;

2. If the negotiation fails, a lawsuit may be filed in the people's court.

Legal basis: Article 585 of the Civil Code of the People's Republic of China: The parties may agree that when one party returns the breach, 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 people's court or arbitration institution may increase them at the request of the parties; Where the agreed liquidated damages are excessively higher than the losses caused, the people's court or arbitration institution may appropriately reduce them at the request of the parties. If the parties breach the contract for delayed performance, the breaching party shall also perform the debt after paying the liquidated damages.

1.For the developer's delayed delivery, the buyer can choose to terminate the contract or claim liquidated damages in accordance with the relevant provisions of the law and the contract.

2.The effective way is to unite the majority of owners to complain, arouse the attention of the competent authorities, to help everyone eliminate the illegal factors of the real estate, and make up the procedures, so as to truly protect the rights and interests of the owners, rather than just delivering the building on time, because it is the most important thing to ensure that the "Housing Property Certificate" is handled smoothly.

3.Figuring out the ownership is key, and buyers should first seek professional legal advice to find out their ownership. Because the property status of unfinished buildings is particularly important to buyers.

Secondly, it is necessary to determine with the seller whether the house has a title certificate and a sales license; Then find out whether the house is mortgaged, and if so, find out the mortgage period and how to release the mortgage; Later, if it is an auction house, it should be clarified whether the property transfer procedures have been completed.

4.When the developer delays the delivery of the house, regardless of whether the buyer is really ready to terminate the contract, he should send a letter to urge the developer to delay the delivery of the house, which is a countermeasure to be taken when the developer is unable to deliver the house for a long time; Second, the contract can be terminated after the reminder, which is also a kind of pressure on the developer.

5.If the tenant chooses to terminate the contract, he or she can also claim liquidated damages or damages. After the contract is terminated, one party will still have losses, at least the loss of interest on the purchase price, and the loss should be compensated, so the termination of the contract and liquidated damages can be claimed at the same time.

6.Article 94 of the Contract Law stipulates that if 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, the other party may terminate the contract. The Supreme People's Court's Interpretation of Disputes over Contracts for the Sale and Purchase of Commodity Housing clarifies the "reasonable period".

7.The Interpretation stipulates that 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, unless otherwise agreed by the parties. The Interpretation also stipulates that if the law does not provide or the parties have not agreed, the reasonable period 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 of occurrence of the right of rescission; If it is not exercised within the time limit, the right of rescission shall be extinguished.

If the developer fails to deliver the house for a long time, he can urge the delivery in writing.

If you do not deliver the house for three months after the deadline, you will file a lawsuit with the court to terminate the sales contract, and the court will rule in favor of it.

If the developer fails to deliver the house on time due to the reason of the blockage, the developer shall compensate the buyer for breach of contract in accordance with the contract, and the buyer can also move out according to the contract.

Legal basis] Article 563 of the Civil Code, 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 to the banquet may terminate the contract at any time, but shall notify the other party before a reasonable period of time.

Legal analysis: the developer should pay attention to collecting evidence of the developer's postponement of delivery, retain the evidence of additional losses of the delayed delivery, and should also pay attention to the effectiveness of the lawsuit, understand the conditions for delayed delivery and check-out, the developer delays delivery for more than 30-90 days, the buyer has the right to request to move out, and under normal circumstances, the developer should return the deposit or pay interest on the house price to the buyer twice.

Legal basis: Article 586 of the Civil Code of the People's Republic of China The parties may agree that one party shall pay a deposit to the other party as security for the creditor's rights. The deposit contract is concluded when the deposit is actually paid.

The amount of the deposit shall be agreed upon by the parties; However, it shall not exceed 20% of the amount of the subject matter of the main contract, and the excess part shall not have the effect of a deposit. If the actual amount of the deposit is more or less than the agreed amount, it shall be deemed to have changed the agreed amount of the deposit.